Text of UT HB 283 (2025)

01-20 13:32 H.B. 283 1 Child and Family Services Amendments 2025 GENERAL SESSION STATE OF UTAH Chief Sponsor: Stephanie Gricius 2 3 LONG TITLE 4 General Description: 5 This bill addresses child and family services, such as child placement, custody, and records. 6 Highlighted Provisions: 7 This bill: 8 ▸ defines terms; 9 ▸ addresses bedroom sharing by foster children; 10 ▸ prohibits the Division of Child and Family Services (division) from: 11 ● withholding certain information from a child's parent, guardian, or custodian; 12 ● creating or changing division records in certain ways without written consent from the 13 child's parent, guardian, or custodian; 14 ● initiating certain medical treatment or care on behalf of a child in the division's 15 custody; and 16 ● placing a child with a foster parent or taking adverse action against a foster parent if 17 the foster parent expresses discomfort with caring for a child; 18 ▸ allows the division to share certain records concerning a child with an adoptive parent of 19 the child or an individual who has been awarded permanent custody and guardianship of 20 the child; 21 ▸ provides that a parent's approval or disapproval of a child's sexual orientation, in itself, 22 may not be the basis for: 23 ● removal of the child from the parent's custody; or 24 ● discrimination when a court is determining child custody as part of a divorce or other 25 family law proceeding; 26 ▸ provides that a juvenile court may not determine that reunification services should not be 27 provided based solely on a parent's agreement or disagreement with the child's sexual 28 orientation or gender identity; and 29 ▸ makes technical and conforming changes. 30 Money Appropriated in this Bill: 31 None H.B. 283 01-20 13:32 32 Other Special Clauses: 33 None 34 Utah Code Sections Affected: 35 AMENDS: 36 26B-2-128, as last amended by Laws of Utah 2024, Chapter 240 37 53G-8-211, as last amended by Laws of Utah 2024, Chapters 240, 301 38 80-1-102, as last amended by Laws of Utah 2024, Chapter 256 39 80-2-102, as renumbered and amended by Laws of Utah 2022, Chapter 334 40 80-2-402, as last amended by Laws of Utah 2024, Chapter 506 41 80-2-1005, as last amended by Laws of Utah 2023, Chapter 330 42 80-2a-201, as last amended by Laws of Utah 2023, Chapter 320 43 80-2a-202, as last amended by Laws of Utah 2024, Chapter 281 44 80-3-111, as enacted by Laws of Utah 2023, Chapter 309 45 80-3-204, as last amended by Laws of Utah 2023, Chapter 330 46 80-3-301, as last amended by Laws of Utah 2023, Chapter 309 47 80-3-302, as last amended by Laws of Utah 2023, Chapters 309, 330 48 80-3-303, as last amended by Laws of Utah 2023, Chapter 309 49 80-3-405, as last amended by Laws of Utah 2023, Chapters 309, 320 and 330 50 80-3-406, as last amended by Laws of Utah 2023, Chapter 320 51 80-3-407, as last amended by Laws of Utah 2023, Chapters 309, 320 52 80-3-409, as last amended by Laws of Utah 2024, Chapter 240 53 81-9-101, as renumbered and amended by Laws of Utah 2024, Chapter 366 54 81-9-204, as renumbered and amended by Laws of Utah 2024, Chapter 366 55 ENACTS: 56 80-2-309, Utah Code Annotated 1953 57 58 Be it enacted by the Legislature of the state of Utah: 59 Section 1. Section 26B-2-128 is amended to read: 60 26B-2-128 . Numerical limit of foster children in a foster home -- Limits on 61 bedroom sharing. 62 (1)(a) No more than four foster children may reside in the foster home of a licensed 63 foster parent. 64 (b) No more than three foster children may reside in the foster home of a certified foster 65 parent. - 2 - 01-20 13:32 H.B. 283 66 (2) When placing a child into a foster home, the limits under Subsection (1) may be 67 exceeded: 68 (a) to place a child into a foster home where a sibling of the child currently resides; or 69 (b) to place a child in a foster home where the child previously resided. 70 (3) The limits under Subsection (1) may be exceeded for: 71 (a) placement of a sibling group in a foster home with no more than one other foster 72 child placement; 73 (b) placement of a child or sibling group in a foster home where the child or sibling 74 group previously resided; or 75 (c) placement of a child in a foster home where a sibling currently resides. 76 (4)(a) A foster child may not share a bedroom with a child of the opposite biological sex 77 unless: 78 (i) each child sharing the bedroom is under two years old; 79 (ii)(A) the department's client record identifies gender-specific rationale for 80 sharing the bedroom; 81 (B) sharing the bedroom is in the best interests of each child sharing the bedroom; 82 and 83 (C) all children sharing the bedroom are relatives; or 84 (iii)(A) there is written caseworker approval for the bedroom assignment; 85 (B) sharing the bedroom is in the best interests of each child sharing the bedroom; 86 and 87 (C) all children sharing the bedroom are relatives. 88 (b) The Division of Child and Family Services shall approve a bedroom assignment by 89 which a child has their own bedroom if: 90 (i) there is a gender-specific or sexual-orientation specific rationale for the bedroom 91 assignment; and 92 (ii) the bedroom assignment is necessary to promote the child's best interest. 93 (5) A foster parent's bedroom may only be shared with a foster child who is under the age 94 of two years old. 95 (6) A foster parent may not share a bed with any foster child. 96 Section 2. Section 53G-8-211 is amended to read: 97 53G-8-211 . Responses to school-based behavior. 98 (1) As used in this section: 99 (a) "Evidence-based" means a program or practice that: - 3 - H.B. 283 01-20 13:32 100 (i) has had multiple randomized control studies or a meta-analysis demonstrating that 101 the program or practice is effective for a specific population; 102 (ii) has been rated as effective by a standardized program evaluation tool; or 103 (iii) is created and developed by a school or school district and has been approved by 104 the state board. 105 (b) "Habitual truant" means a school-age child who: 106 (i) is in grade 7 or above, unless the school-age child is under 12 years old; 107 (ii) is subject to the requirements of Section 53G-6-202; and 108 (iii)(A) is truant at least 20 days during one school year; or 109 (B) fails to cooperate with efforts on the part of school authorities to resolve the 110 school-age child's attendance problem as required under Section 53G-6-206. 111 (c) "Minor" means the same as that term is defined in Section 80-1-102. 112 (i) "Mobile crisis outreach team" means the same as that term is defined in Section 113 26B-5-101. 114 (d) "Prosecuting attorney" means the same as that term is defined in Subsections [ 115 80-1-102(65)(b)] 80-1-102(66)(b) and (c). 116 (e) "Restorative justice program" means a school-based program or a program used or 117 adopted by a local education agency that is designed: 118 (i) to enhance school safety, reduce school suspensions, and limit referrals to law 119 enforcement agencies and courts; and 120 (ii) to help minors take responsibility for and repair harmful behavior that occurs in 121 school. 122 (f) "School administrator" means a principal of a school. 123 (g) "School is in session" means a day during which the school conducts instruction for 124 which student attendance is counted toward calculating average daily membership. 125 (h) "School resource officer" means a law enforcement officer, as defined in Section 126 53-13-103, who contracts with, is employed by, or whose law enforcement agency 127 contracts with a local education agency to provide law enforcement services for the 128 local education agency. 129 (i) "School-age child" means the same as that term is defined in Section 53G-6-201. 130 (j)(i) "School-sponsored activity" means an activity, fundraising event, club, camp, 131 clinic, or other event or activity that is authorized by a specific local education 132 agency or public school, according to LEA governing board policy, and satisfies 133 at least one of the following conditions: - 4 - 01-20 13:32 H.B. 283 134 (A) the activity is managed or supervised by a local education agency or public 135 school, or local education agency or public school employee; 136 (B) the activity uses the local education agency's or public school's facilities, 137 equipment, or other school resources; or 138 (C) the activity is supported or subsidized, more than inconsequentially, by public 139 funds, including the public school's activity funds or Minimum School 140 Program dollars. 141 (ii) "School-sponsored activity" includes preparation for and involvement in a public 142 performance, contest, athletic competition, demonstration, display, or club activity. 143 (k)(i) "Status offense" means an offense that would not be an offense but for the age 144 of the offender. 145 (ii) "Status offense" does not mean an offense that by statute is a misdemeanor or 146 felony. 147 (2) This section applies to: 148 (a) a minor who is alleged to be a habitual truant; and 149 (b) a minor enrolled in school who is alleged to have committed an offense on school 150 property where the student is enrolled: 151 (i) when school is in session; or 152 (ii) during a school-sponsored activity. 153 (3) If a minor is alleged to have committed an offense on school property that is a class C 154 misdemeanor, an infraction, or a status offense, or a minor is alleged to be a habitual 155 truant, the school administrator, the school administrator's designee, or a school resource 156 officer shall refer the minor: 157 (a) to an evidence-based alternative intervention, including: 158 (i) a mobile crisis outreach team; 159 (ii) a youth services center, as defined in Section 80-5-102; 160 (iii) a certified youth court, as defined in Section 80-6-901, or comparable restorative 161 justice program; 162 (iv) an evidence-based alternative intervention created and developed by the school 163 or school district; 164 (v) an evidence-based alternative intervention that is jointly created and developed by 165 a local education agency, the state board, the juvenile court, local counties and 166 municipalities, the Department of Health and Human Services; 167 (vi) a tobacco cessation or education program if the offense is a violation of Section - 5 - H.B. 283 01-20 13:32 168 76-10-105; or 169 (vii) truancy mediation; or 170 (b) for prevention and early intervention youth services, as described in Section 80-5-201, 171 by the Division of Juvenile Justice and Youth Services if the minor refuses to 172 participate in an evidence-based alternative intervention described in Subsection 173 (3)(a). 174 (4) Except as provided in Subsection (6), if a minor is alleged to have committed an offense 175 on school property that is a class C misdemeanor, an infraction, or a status offense, a 176 school administrator, the school administrator's designee, or a school resource officer 177 may refer a minor to a law enforcement officer or agency or a court only if: 178 (a) the minor allegedly committed an offense on school property on a previous occasion; 179 and 180 (b) the minor was referred to an evidence-based alternative intervention, or to prevention 181 or early intervention youth services, as described in Subsection (3) for the previous 182 offense. 183 (5) If a minor is alleged to be a habitual truant, a school administrator, the school 184 administrator's designee, or a school resource officer may only refer the minor to a law 185 enforcement officer or agency or a court if: 186 (a) the minor was previously alleged of being a habitual truant at least twice during the 187 same school year; and 188 (b) the minor was referred to an evidence-based alternative intervention, or for 189 prevention and early intervention youth services, as described in Subsection (3) for at 190 least two of the previous habitual truancies. 191 (6) If a minor is alleged to have committed a traffic offense that is an infraction, a school 192 administrator, the school administrator's designee, or a school resource officer may refer 193 the minor to a law enforcement officer or agency, a prosecuting attorney, or a court for 194 the traffic offense. 195 (7) Notwithstanding Subsections (4) and (5), a school resource officer may: 196 (a) investigate possible criminal offenses and conduct, including conducting probable 197 cause searches; 198 (b) consult with school administration about the conduct of a minor enrolled in a school; 199 (c) transport a minor enrolled in a school to a location if the location is permitted by law; 200 (d) take temporary custody of a minor in accordance with Section 80-6-201; or 201 (e) protect the safety of students and the school community, including the use of - 6 - 01-20 13:32 H.B. 283 202 reasonable and necessary physical force when appropriate based on the totality of the 203 circumstances. 204 (8)(a) If a minor is referred to a court or a law enforcement officer or agency under 205 Subsection (4) or (5), the school or the school district shall appoint a school 206 representative to continue to engage with the minor and the minor's family through 207 the court process. 208 (b) A school representative appointed under Subsection (8)(a) may not be a school 209 resource officer. 210 (c) A school district or school shall include the following in the school district's or 211 school's referral to the court or the law enforcement officer or agency: 212 (i) attendance records for the minor; 213 (ii) a report of evidence-based alternative interventions used by the school before the 214 referral, including outcomes; 215 (iii) the name and contact information of the school representative assigned to 216 actively participate in the court process with the minor and the minor's family; 217 (iv) if the minor was referred to prevention or early intervention youth services under 218 Subsection (3)(b), a report from the Division of Juvenile Justice and Youth 219 Services that demonstrates the minor's failure to complete or participate in 220 prevention and early intervention youth services under Subsection (3)(b); and 221 (v) any other information that the school district or school considers relevant. 222 (d) A minor referred to a court under Subsection (4) or (5) may not be ordered to or 223 placed in secure detention, including for a contempt charge or violation of a valid 224 court order under Section 78A-6-353: 225 (i) when the underlying offense is a status offense or infraction; or 226 (ii) for being a habitual truant. 227 (e) If a minor is referred to a court under Subsection (4) or (5), the court may use, when 228 available, the resources of the Division of Juvenile Justice and Youth Services or the 229 Office of Substance Use and Mental Health to address the minor. 230 (9) If a minor is alleged to have committed an offense on school property that is a class B 231 misdemeanor or a class A misdemeanor, the school administrator, the school 232 administrator's designee, or a school resource officer may refer the minor directly to a 233 court or to the evidence-based alternative interventions in Subsection (3)(a). 234 (10) A school administrator, a school administrator's designee, and a school resource officer 235 retain the discretion described under this section in relation to Title 63G, Chapter 31, - 7 - H.B. 283 01-20 13:32 236 Distinctions on the Basis of Sex. 237 Section 3. Section 80-1-102 is amended to read: 238 80-1-102 . Juvenile Code definitions. 239 Except as provided in Section 80-6-1103, as used in this title: 240 (1)(a) "Abuse" means: 241 (i)(A) nonaccidental harm of a child; 242 (B) threatened harm of a child; 243 (C) sexual exploitation; 244 (D) sexual abuse; or 245 (E) human trafficking of a child in violation of Section 76-5-308.5; or 246 (ii) that a child's natural parent: 247 (A) intentionally, knowingly, or recklessly causes the death of another parent of 248 the child; 249 (B) is identified by a law enforcement agency as the primary suspect in an 250 investigation for intentionally, knowingly, or recklessly causing the death of 251 another parent of the child; or 252 (C) is being prosecuted for or has been convicted of intentionally, knowingly, or 253 recklessly causing the death of another parent of the child. 254 (b) "Abuse" does not include: 255 (i) reasonable discipline or management of a child, including withholding privileges; 256 (ii) conduct described in Section 76-2-401; or 257 (iii) the use of reasonable and necessary physical restraint or force on a child: 258 (A) in self-defense; 259 (B) in defense of others; 260 (C) to protect the child; or 261 (D) to remove a weapon in the possession of a child for any of the reasons 262 described in Subsections (1)(b)(iii)(A) through (C). 263 (2) "Abused child" means a child who has been subjected to abuse. 264 (3)(a) "Adjudication" means, except as provided in Subsection (3)(b): 265 (i) for a delinquency petition or criminal information under Chapter 6, Juvenile 266 Justice: 267 (A) a finding by the juvenile court that the facts alleged in a delinquency petition 268 or criminal information alleging that a minor committed an offense have been 269 proved; - 8 - 01-20 13:32 H.B. 283 270 (B) an admission by a minor in the juvenile court as described in Section 80-6-306; 271 or 272 (C) a plea of no contest by minor in the juvenile court; or 273 (ii) for all other proceedings under this title, a finding by the juvenile court that the 274 facts alleged in the petition have been proved. 275 (b) "Adjudication" does not include: 276 (i) an admission by a minor described in Section 80-6-306 until the juvenile court 277 enters the minor's admission; or 278 (ii) a finding of not competent to proceed in accordance with Section 80-6-402. 279 (4)(a) "Adult" means an individual who is 18 years old or older. 280 (b) "Adult" does not include an individual: 281 (i) who is 18 years old or older; and 282 (ii) who is a minor. 283 (5) "Attorney guardian ad litem" means the same as that term is defined in Section 284 78A-2-801. 285 (6) "Board" means the Board of Juvenile Court Judges. 286 (7) "Child" means, except as provided in Section 80-2-905, an individual who is under 18 287 years old. 288 (8) "Child and family plan" means a written agreement between a child's parents or 289 guardian and the Division of Child and Family Services as described in Section 80-3-307. 290 (9) "Child placing" means the same as that term is defined in Section 26B-2-101. 291 (10) "Child-placing agency" means the same as that term is defined in Section 26B-2-101. 292 (11) "Child protection team" means a team consisting of: 293 (a) the child welfare caseworker assigned to the case; 294 (b) if applicable, the child welfare caseworker who made the decision to remove the 295 child; 296 (c) a representative of the school or school district where the child attends school; 297 (d) if applicable, the law enforcement officer who removed the child from the home; 298 (e) a representative of the appropriate Children's Justice Center, if one is established 299 within the county where the child resides; 300 (f) if appropriate, and known to the division, a therapist or counselor who is familiar 301 with the child's circumstances; 302 (g) if appropriate, a representative of law enforcement selected by the chief of police or 303 sheriff in the city or county where the child resides; and - 9 - H.B. 283 01-20 13:32 304 (h) any other individuals determined appropriate and necessary by the team coordinator 305 and chair. 306 (12)(a) "Chronic abuse" means repeated or patterned abuse. 307 (b) "Chronic abuse" does not mean an isolated incident of abuse. 308 (13)(a) "Chronic neglect" means repeated or patterned neglect. 309 (b) "Chronic neglect" does not mean an isolated incident of neglect. 310 (14) "Clandestine laboratory operation" means the same as that term is defined in Section 311 58-37d-3. 312 (15) "Commit" or "committed" means, unless specified otherwise: 313 (a) with respect to a child, to transfer legal custody; and 314 (b) with respect to a minor who is at least 18 years old, to transfer custody. 315 (16) "Community-based program" means a nonsecure residential or nonresidential program, 316 designated to supervise and rehabilitate juvenile offenders, that prioritizes the least 317 restrictive setting, consistent with public safety, and operated by or under contract with 318 the Division of Juvenile Justice and Youth Services. 319 (17) "Community placement" means placement of a minor in a community-based program 320 described in Section 80-5-402. 321 (18) "Correctional facility" means: 322 (a) a county jail; or 323 (b) a secure correctional facility as defined in Section 64-13-1. 324 (19) "Criminogenic risk factors" means evidence-based factors that are associated with a 325 minor's likelihood of reoffending. 326 (20) "Department" means the Department of Health and Human Services created in Section 327 26B-1-201. 328 (21) "Dependent child" or "dependency" means a child who is without proper care through 329 no fault of the child's parent, guardian, or custodian. 330 (22) "Deprivation of custody" means transfer of legal custody by the juvenile court from a 331 parent or a previous custodian to another person, agency, or institution. 332 (23) "Detention" means home detention or secure detention. 333 (24) "Detention facility" means a facility, established by the Division of Juvenile Justice 334 and Youth Services in accordance with Section 80-5-501, for minors held in detention. 335 (25) "Detention risk assessment tool" means an evidence-based tool established under 336 Section 80-5-203 that: 337 (a) assesses a minor's risk of failing to appear in court or reoffending before - 10 - 01-20 13:32 H.B. 283 338 adjudication; and 339 (b) is designed to assist in making a determination of whether a minor shall be held in 340 detention. 341 (26) "Developmental immaturity" means incomplete development in one or more domains 342 that manifests as a functional limitation in the minor's present ability to: 343 (a) consult with counsel with a reasonable degree of rational understanding; and 344 (b) have a rational as well as factual understanding of the proceedings. 345 (27) "Disposition" means an order by a juvenile court, after the adjudication of a minor, 346 under Section 80-3-405 or 80-4-305 or Chapter 6, Part 7, Adjudication and Disposition. 347 (28) "Educational neglect" means that, after receiving a notice of compulsory education 348 violation under Section 53G-6-202, the parent or guardian fails to make a good faith 349 effort to ensure that the child receives an appropriate education. 350 (29) "Educational series" means an evidence-based instructional series: 351 (a) obtained at a substance abuse program that is approved by the Division of Integrated 352 Healthcare in accordance with Section 26B-5-104; and 353 (b) designed to prevent substance use or the onset of a mental health disorder. 354 (30) "Emancipated" means the same as that term is defined in Section 80-7-102. 355 (31) "Evidence-based" means a program or practice that has had multiple randomized 356 control studies or a meta-analysis demonstrating that the program or practice is effective 357 for a specific population or has been rated as effective by a standardized program 358 evaluation tool. 359 (32) "Forensic evaluator" means the same as that term is defined in Section 77-15-2. 360 (33) "Formal probation" means a minor is: 361 (a) supervised in the community by, and reports to, a juvenile probation officer or an 362 agency designated by the juvenile court; and 363 (b) subject to return to the juvenile court in accordance with Section 80-6-607. 364 (34) "Gender identity" means the same as that term is defined in Section 34A-5-102. 365 (35) "Group rehabilitation therapy" means psychological and social counseling of one or 366 more individuals in the group, depending upon the recommendation of the therapist. 367 [(35)] (36) "Guardian" means a person appointed by a court to make decisions regarding a 368 minor, including the authority to consent to: 369 (a) marriage; 370 (b) enlistment in the armed forces; 371 (c) major medical, surgical, or psychiatric treatment; or - 11 - H.B. 283 01-20 13:32 372 (d) legal custody, if legal custody is not vested in another individual, agency, or 373 institution. 374 [(36)] (37) "Guardian ad litem" means the same as that term is defined in Section 78A-2-801. 375 [(37)] (38) "Harm" means: 376 (a) physical or developmental injury or damage; 377 (b) emotional damage that results in a serious impairment in the child's growth, 378 development, behavior, or psychological functioning; 379 (c) sexual abuse; or 380 (d) sexual exploitation. 381 [(38)] (39) "Home detention" means placement of a minor: 382 (a) if prior to a disposition, in the minor's home, or in a surrogate home with the consent 383 of the minor's parent, guardian, or custodian, under terms and conditions established 384 by the Division of Juvenile Justice and Youth Services or the juvenile court; or 385 (b) if after a disposition, and in accordance with Section 78A-6-353 or 80-6-704, in the 386 minor's home, or in a surrogate home with the consent of the minor's parent, 387 guardian, or custodian, under terms and conditions established by the Division of 388 Juvenile Justice and Youth Services or the juvenile court. 389 [(39)] (40)(a) "Incest" means engaging in sexual intercourse with an individual whom the 390 perpetrator knows to be the perpetrator's ancestor, descendant, brother, sister, uncle, 391 aunt, nephew, niece, or first cousin. 392 (b) "Incest" includes: 393 (i) blood relationships of the whole or half blood, regardless of whether the 394 relationship is legally recognized; 395 (ii) relationships of parent and child by adoption; and 396 (iii) relationships of stepparent and stepchild while the marriage creating the 397 relationship of a stepparent and stepchild exists. 398 [(40)] (41) "Indian child" means the same as that term is defined in 25 U.S.C. Sec. 1903. 399 [(41)] (42) "Indian tribe" means the same as that term is defined in 25 U.S.C. Sec. 1903. 400 [(42)] (43) "Indigent defense service provider" means the same as that term is defined in 401 Section 78B-22-102. 402 [(43)] (44) "Indigent defense services" means the same as that term is defined in Section 403 78B-22-102. 404 [(44)] (45) "Indigent individual" means the same as that term is defined in Section 405 78B-22-102. - 12 - 01-20 13:32 H.B. 283 406 [(45)] (46)(a) "Intake probation" means a minor is: 407 (i) monitored by a juvenile probation officer; and 408 (ii) subject to return to the juvenile court in accordance with Section 80-6-607. 409 (b) "Intake probation" does not include formal probation. 410 [(46)] (47) "Intellectual disability" means a significant subaverage general intellectual 411 functioning existing concurrently with deficits in adaptive behavior that constitutes a 412 substantial limitation to the individual's ability to function in society. 413 [(47)] (48) "Juvenile offender" means: 414 (a) a serious youth offender; or 415 (b) a youth offender. 416 [(48)] (49) "Juvenile probation officer" means a probation officer appointed under Section 417 78A-6-205. 418 [(49)] (50) "Juvenile receiving center" means a nonsecure, nonresidential program 419 established by the Division of Juvenile Justice and Youth Services, or under contract 420 with the Division of Juvenile Justice and Youth Services, that is responsible for minors 421 taken into temporary custody under Section 80-6-201. 422 [(50)] (51) "Legal custody" means a relationship embodying: 423 (a) the right to physical custody of the minor; 424 (b) the right and duty to protect, train, and discipline the minor; 425 (c) the duty to provide the minor with food, clothing, shelter, education, and ordinary 426 medical care; 427 (d) the right to determine where and with whom the minor shall live; and 428 (e) the right, in an emergency, to authorize surgery or other extraordinary care. 429 [(51)] (52) "Licensing Information System" means the Licensing Information System 430 maintained by the Division of Child and Family Services under Section 80-2-1002. 431 [(52)] (53) "Management Information System" means the Management Information System 432 developed by the Division of Child and Family Services under Section 80-2-1001. 433 [(53)] (54) "Mental illness" means: 434 (a) a psychiatric disorder that substantially impairs an individual's mental, emotional, 435 behavioral, or related functioning; or 436 (b) the same as that term is defined in: 437 (i) the current edition of the Diagnostic and Statistical Manual of Mental Disorders 438 published by the American Psychiatric Association; or 439 (ii) the current edition of the International Statistical Classification of Diseases and - 13 - H.B. 283 01-20 13:32 440 Related Health Problems. 441 [(54)] (55) "Minor" means, except as provided in Sections 80-6-501, 80-6-901, and 80-7-102: 442 (a) a child; or 443 (b) an individual: 444 (i)(A) who is at least 18 years old and younger than 21 years old; and 445 (B) for whom the Division of Child and Family Services has been specifically 446 ordered by the juvenile court to provide services because the individual was an 447 abused, neglected, or dependent child or because the individual was 448 adjudicated for an offense; 449 (ii)(A) who is at least 18 years old and younger than 25 years old; and 450 (B) whose case is under the jurisdiction of the juvenile court in accordance with 451 Subsection 78A-6-103(1)(b); or 452 (iii)(A) who is at least 18 years old and younger than 21 years old; and 453 (B) whose case is under the jurisdiction of the juvenile court in accordance with 454 Subsection 78A-6-103(1)(c). 455 [(55)] (56) "Mobile crisis outreach team" means the same as that term is defined in Section 456 26B-5-101. 457 [(56)] (57) "Molestation" means that an individual, with the intent to arouse or gratify the 458 sexual desire of any individual, touches the anus, buttocks, pubic area, or genitalia of 459 any child, or the breast of a female child, or takes indecent liberties with a child as 460 defined in Section 76-5-401.1. 461 [(57)] (58)(a) "Natural parent" means, except as provided in Section 80-3-302, a minor's 462 biological or adoptive parent. 463 (b) "Natural parent" includes the minor's noncustodial parent. 464 [(58)] (59)(a) "Neglect" means action or inaction causing: 465 (i) abandonment of a child, except as provided in Chapter 4, Part 5, Safe 466 Relinquishment of a Newborn Child; 467 (ii) lack of proper parental care of a child by reason of the fault or habits of the 468 parent, guardian, or custodian; 469 (iii) failure or refusal of a parent, guardian, or custodian to provide proper or 470 necessary subsistence or medical care, or any other care necessary for the child's 471 health, safety, morals, or well-being; 472 (iv) a child to be at risk of being neglected or abused because another child in the 473 same home is neglected or abused; - 14 - 01-20 13:32 H.B. 283 474 (v) abandonment of a child through an unregulated child custody transfer under 475 Section 78B-24-203; or 476 (vi) educational neglect. 477 (b) "Neglect" does not include: 478 (i) a parent or guardian legitimately practicing religious beliefs and who, for that 479 reason, does not provide specified medical treatment for a child; 480 (ii) a health care decision made for a child by the child's parent or guardian, unless 481 the state or other party to a proceeding shows, by clear and convincing evidence, 482 that the health care decision is not reasonable and informed; 483 (iii) a parent or guardian exercising the right described in Section 80-3-304; or 484 (iv) permitting a child, whose basic needs are met and who is of sufficient age and 485 maturity to avoid harm or unreasonable risk of harm, to engage in independent 486 activities, including: 487 (A) traveling to and from school, including by walking, running, or bicycling; 488 (B) traveling to and from nearby commercial or recreational facilities; 489 (C) engaging in outdoor play; 490 (D) remaining in a vehicle unattended, except under the conditions described in 491 Subsection 76-10-2202(2); 492 (E) remaining at home unattended; or 493 (F) engaging in a similar independent activity. 494 [(59)] (60) "Neglected child" means a child who has been subjected to neglect. 495 [(60)] (61) "Nonjudicial adjustment" means closure of the case by the assigned juvenile 496 probation officer, without an adjudication of the minor's case under Section 80-6-701, 497 upon the consent in writing of: 498 (a) the assigned juvenile probation officer; and 499 (b)(i) the minor; or 500 (ii) the minor and the minor's parent, guardian, or custodian. 501 [(61)] (62) "Not competent to proceed" means that a minor, due to a mental illness, 502 intellectual disability or related condition, or developmental immaturity, lacks the ability 503 to: 504 (a) understand the nature of the proceedings against the minor or of the potential 505 disposition for the offense charged; or 506 (b) consult with counsel and participate in the proceedings against the minor with a 507 reasonable degree of rational understanding. - 15 - H.B. 283 01-20 13:32 508 [(62)] (63) "Parole" means a conditional release of a juvenile offender from residency in 509 secure care to live outside of secure care under the supervision of the Division of 510 Juvenile Justice and Youth Services, or another person designated by the Division of 511 Juvenile Justice and Youth Services. 512 [(63)] (64) "Physical abuse" means abuse that results in physical injury or damage to a child. 513 [(64)] (65)(a) "Probation" means a legal status created by court order, following an 514 adjudication under Section 80-6-701, whereby the minor is permitted to remain in the 515 minor's home under prescribed conditions. 516 (b) "Probation" includes intake probation or formal probation. 517 [(65)] (66) "Prosecuting attorney" means: 518 (a) the attorney general and any assistant attorney general; 519 (b) any district attorney or deputy district attorney; 520 (c) any county attorney or assistant county attorney; and 521 (d) any other attorney authorized to commence an action on behalf of the state. 522 [(66)] (67) "Protective custody" means the shelter of a child by the Division of Child and 523 Family Services from the time the child is removed from the home until the earlier of: 524 (a) the day on which the shelter hearing is held under Section 80-3-301; or 525 (b) the day on which the child is returned home. 526 [(67)] (68) "Protective services" means expedited services that are provided: 527 (a) in response to evidence of neglect, abuse, or dependency of a child; 528 (b) to a cohabitant who is neglecting or abusing a child, in order to: 529 (i) help the cohabitant develop recognition of the cohabitant's duty of care and of the 530 causes of neglect or abuse; and 531 (ii) strengthen the cohabitant's ability to provide safe and acceptable care; and 532 (c) in cases where the child's welfare is endangered: 533 (i) to bring the situation to the attention of the appropriate juvenile court and law 534 enforcement agency; 535 (ii) to cause a protective order to be issued for the protection of the child, when 536 appropriate; and 537 (iii) to protect the child from the circumstances that endanger the child's welfare 538 including, when appropriate: 539 (A) removal from the child's home; 540 (B) placement in substitute care; and 541 (C) petitioning the court for termination of parental rights. - 16 - 01-20 13:32 H.B. 283 542 [(68)] (69) "Protective supervision" means a legal status created by court order, following an 543 adjudication on the ground of abuse, neglect, or dependency, whereby: 544 (a) the minor is permitted to remain in the minor's home; and 545 (b) supervision and assistance to correct the abuse, neglect, or dependency is provided 546 by an agency designated by the juvenile court. 547 [(69)] (70)(a) "Related condition" means a condition that: 548 (i) is found to be closely related to intellectual disability; 549 (ii) results in impairment of general intellectual functioning or adaptive behavior 550 similar to that of an intellectually disabled individual; 551 (iii) is likely to continue indefinitely; and 552 (iv) constitutes a substantial limitation to the individual's ability to function in society. 553 (b) "Related condition" does not include mental illness, psychiatric impairment, or 554 serious emotional or behavioral disturbance. 555 [(70)] (71)(a) "Residual parental rights and duties" means the rights and duties remaining 556 with a parent after legal custody or guardianship, or both, have been vested in another 557 person or agency, including: 558 (i) the responsibility for support; 559 (ii) the right to consent to adoption; 560 (iii) the right to determine the child's religious affiliation; and 561 (iv) the right to reasonable parent-time unless restricted by the court. 562 (b) If no guardian has been appointed, "residual parental rights and duties" includes the 563 right to consent to: 564 (i) marriage; 565 (ii) enlistment; and 566 (iii) major medical, surgical, or psychiatric treatment. 567 [(71)] (72) "Runaway" means a child, other than an emancipated child, who willfully leaves 568 the home of the child's parent or guardian, or the lawfully prescribed residence of the 569 child, without permission. 570 [(72)] (73) "Secure care" means placement of a minor, who is committed to the Division of 571 Juvenile Justice and Youth Services for rehabilitation, in a facility operated by, or under 572 contract with, the Division of Juvenile Justice and Youth Services, that provides 24-hour 573 supervision and confinement of the minor. 574 [(73)] (74) "Secure care facility" means a facility, established in accordance with Section 575 80-5-503, for juvenile offenders in secure care. - 17 - H.B. 283 01-20 13:32 576 [(74)] (75) "Secure detention" means temporary care of a minor who requires secure custody 577 in a physically restricting facility operated by, or under contract with, the Division of 578 Juvenile Justice and Youth Services: 579 (a) before disposition of an offense that is alleged to have been committed by the minor; 580 or 581 (b) under Section 80-6-704. 582 [(75)] (76) "Serious youth offender" means an individual who: 583 (a) is at least 14 years old, but under 25 years old; 584 (b) committed a felony listed in Subsection 80-6-503(1) and the continuing jurisdiction 585 of the juvenile court was extended over the individual's case until the individual was 586 25 years old in accordance with Section 80-6-605; and 587 (c) is committed by the juvenile court to the Division of Juvenile Justice and Youth 588 Services for secure care under Sections 80-6-703 and 80-6-705. 589 [(76)] (77) "Severe abuse" means abuse that causes or threatens to cause serious harm to a 590 child. 591 [(77)] (78) "Severe neglect" means neglect that causes or threatens to cause serious harm to 592 a child. 593 [(78)] (79)(a) "Severe type of child abuse or neglect" means, except as provided in 594 Subsection [(78)(b)] (79)(b): 595 (i) if committed by an individual who is 18 years old or older: 596 (A) chronic abuse; 597 (B) severe abuse; 598 (C) sexual abuse; 599 (D) sexual exploitation; 600 (E) abandonment; 601 (F) chronic neglect; or 602 (G) severe neglect; or 603 (ii) if committed by an individual who is under 18 years old: 604 (A) causing serious physical injury, as defined in Subsection 76-5-109(1), to 605 another child that indicates a significant risk to other children; or 606 (B) sexual behavior with or upon another child that indicates a significant risk to 607 other children. 608 (b) "Severe type of child abuse or neglect" does not include: 609 (i) the use of reasonable and necessary physical restraint by an educator in - 18 - 01-20 13:32 H.B. 283 610 accordance with Subsection 53G-8-302(2) or Section 76-2-401; 611 (ii) an individual's conduct that is justified under Section 76-2-401 or constitutes the 612 use of reasonable and necessary physical restraint or force in self-defense or 613 otherwise appropriate to the circumstances to obtain possession of a weapon or 614 other dangerous object in the possession or under the control of a child or to 615 protect the child or another individual from physical injury; or 616 (iii) a health care decision made for a child by a child's parent or guardian, unless, 617 subject to Subsection [(78)(c)] (79)(c), the state or other party to the proceeding 618 shows, by clear and convincing evidence, that the health care decision is not 619 reasonable and informed. 620 (c) Subsection [(78)(b)(iii)] (79)(b)(iii) does not prohibit a parent or guardian from 621 exercising the right to obtain a second health care opinion. 622 [(79)] (80) "Sexual abuse" means: 623 (a) an act or attempted act of sexual intercourse, sodomy, incest, or molestation by an 624 adult directed towards a child; 625 (b) an act or attempted act of sexual intercourse, sodomy, incest, or molestation 626 committed by a child towards another child if: 627 (i) there is an indication of force or coercion; 628 (ii) the children are related, as described in Subsection [(39)] (40), including siblings 629 by marriage while the marriage exists or by adoption; 630 (iii) there have been repeated incidents of sexual contact between the two children, 631 unless the children are 14 years old or older; or 632 (iv) there is a disparity in chronological age of four or more years between the two 633 children; 634 (c) engaging in any conduct with a child that would constitute an offense under any of 635 the following, regardless of whether the individual who engages in the conduct is 636 actually charged with, or convicted of, the offense: 637 (i) Title 76, Chapter 5, Part 4, Sexual Offenses, except for Section 76-5-401, if the 638 alleged perpetrator of an offense described in Section 76-5-401 is a minor; 639 (ii) child bigamy, Section 76-7-101.5; 640 (iii) incest, Section 76-7-102; 641 (iv) lewdness, Section 76-9-702; 642 (v) sexual battery, Section 76-9-702.1; 643 (vi) lewdness involving a child, Section 76-9-702.5; or - 19 - H.B. 283 01-20 13:32 644 (vii) voyeurism, Section 76-9-702.7; or 645 (d) subjecting a child to participate in or threatening to subject a child to participate in a 646 sexual relationship, regardless of whether that sexual relationship is part of a legal or 647 cultural marriage. 648 [(80)] (81) "Sexual exploitation" means knowingly: 649 (a) employing, using, persuading, inducing, enticing, or coercing any child to: 650 (i) pose in the nude for the purpose of sexual arousal of any individual; or 651 (ii) engage in any sexual or simulated sexual conduct for the purpose of 652 photographing, filming, recording, or displaying in any way the sexual or 653 simulated sexual conduct; 654 (b) displaying, distributing, possessing for the purpose of distribution, or selling material 655 depicting a child: 656 (i) in the nude, for the purpose of sexual arousal of any individual; or 657 (ii) engaging in sexual or simulated sexual conduct; or 658 (c) engaging in any conduct that would constitute an offense under Section 76-5b-201, 659 sexual exploitation of a minor, or Section 76-5b-201.1, aggravated sexual 660 exploitation of a minor, regardless of whether the individual who engages in the 661 conduct is actually charged with, or convicted of, the offense. 662 [(81)] (82) "Shelter" means the temporary care of a child in a physically unrestricted facility 663 pending a disposition or transfer to another jurisdiction. 664 [(82)] (83) "Shelter facility" means a nonsecure facility that provides shelter for a minor. 665 [(83)] (84) "Significant risk" means a risk of harm that is determined to be significant in 666 accordance with risk assessment tools and rules established by the Division of Child and 667 Family Services in accordance with Title 63G, Chapter 3, Utah Administrative 668 Rulemaking Act, that focus on: 669 (a) age; 670 (b) social factors; 671 (c) emotional factors; 672 (d) sexual factors; 673 (e) intellectual factors; 674 (f) family risk factors; and 675 (g) other related considerations. 676 [(84)] (85) "Single criminal episode" means the same as that term is defined in Section 677 76-1-401. - 20 - 01-20 13:32 H.B. 283 678 [(85)] (86) "Status offense" means an offense that would not be an offense but for the age of 679 the offender. 680 [(86)] (87) "Substance abuse" means, except as provided in Section 80-2-603, the misuse or 681 excessive use of alcohol or other drugs or substances. 682 [(87)] (88) "Substantiated" or "substantiation" means a judicial finding based on a 683 preponderance of the evidence, and separate consideration of each allegation made or 684 identified in the case, that abuse, neglect, or dependency occurred . 685 [(88)] (89) "Substitute care" means: 686 (a) the placement of a minor in a family home, group care facility, or other placement 687 outside the minor's own home, either at the request of a parent or other responsible 688 relative, or upon court order, when it is determined that continuation of care in the 689 minor's own home would be contrary to the minor's welfare; 690 (b) services provided for a minor in the protective custody of the Division of Child and 691 Family Services, or a minor in the temporary custody or custody of the Division of 692 Child and Family Services, as those terms are defined in Section 80-2-102; or 693 (c) the licensing and supervision of a substitute care facility. 694 [(89)] (90) "Supported" means a finding by the Division of Child and Family Services based 695 on the evidence available at the completion of an investigation, and separate 696 consideration of each allegation made or identified during the investigation, that there is 697 a reasonable basis to conclude that abuse, neglect, or dependency occurred. 698 [(90)] (91) "Termination of parental rights" means the permanent elimination of all parental 699 rights and duties, including residual parental rights and duties, by court order. 700 [(91)] (92) "Therapist" means: 701 (a) an individual employed by a state division or agency for the purpose of conducting 702 psychological treatment and counseling of a minor in the division's or agency's 703 custody; or 704 (b) any other individual licensed or approved by the state for the purpose of conducting 705 psychological treatment and counseling. 706 [(92)] (93) "Threatened harm" means actions, inactions, or credible verbal threats, indicating 707 that the child is at an unreasonable risk of harm or neglect. 708 [(93)] (94) "Ungovernable" means a child in conflict with a parent or guardian, and the 709 conflict: 710 (a) results in behavior that is beyond the control or ability of the child, or the parent or 711 guardian, to manage effectively; - 21 - H.B. 283 01-20 13:32 712 (b) poses a threat to the safety or well-being of the child, the child's family, or others; or 713 (c) results in the situations described in Subsections [(93)(a)] (94)(a) and (b). 714 [(94)] (95) "Unsubstantiated" means a judicial finding that there is insufficient evidence to 715 conclude that abuse, neglect, or dependency occurred. 716 [(95)] (96) "Unsupported" means a finding by the Division of Child and Family Services at 717 the completion of an investigation, after the day on which the Division of Child and 718 Family Services concludes the alleged abuse, neglect, or dependency is not without 719 merit, that there is insufficient evidence to conclude that abuse, neglect, or dependency 720 occurred. 721 [(96)] (97) "Validated risk and needs assessment" means an evidence-based tool that 722 assesses a minor's risk of reoffending and a minor's criminogenic needs. 723 [(97)] (98) "Without merit" means a finding at the completion of an investigation by the 724 Division of Child and Family Services, or a judicial finding, that the alleged abuse, 725 neglect, or dependency did not occur, or that the alleged perpetrator was not responsible 726 for the abuse, neglect, or dependency. 727 [(98)] (99) "Youth offender" means an individual who is: 728 (a) at least 12 years old, but under 21 years old; and 729 (b) committed by the juvenile court to the Division of Juvenile Justice and Youth 730 Services for secure care under Sections 80-6-703 and 80-6-705. 731 Section 4. Section 80-2-102 is amended to read: 732 80-2-102 . Definitions. 733 As used in this chapter: 734 (1) "Consult" means an interaction between two persons in which the initiating person: 735 (a) provides information to another person; 736 (b) provides the other person an opportunity to respond; and 737 (c) takes the other person's response, if any, into consideration. 738 (2) "Consumer" means a person who receives services offered by the division in accordance 739 with this chapter. 740 (3) "Council" means the Child Welfare Improvement Council created in Section 80-2-1101. 741 (4) "Custody," with regard to the division, means the custody of a minor in the division as 742 of the date of disposition. 743 (5) "Day-care services" means care of a child for a portion of the day which is less than 24 744 hours: 745 (a) in the child's own home by a responsible individual; or - 22 - 01-20 13:32 H.B. 283 746 (b) outside of the child's home in a: 747 (i) day-care center; 748 (ii) family group home; or 749 (iii) family child care home. 750 (6) "Director" means the director of the division appointed under Section 80-2-202. 751 (7) "Division" means the Division of Child and Family Services created in Section 80-2-201. 752 (8) "Domestic violence" means the same as that term is defined in Section 77-36-1. 753 (9) "Domestic violence services" means: 754 (a) temporary shelter, treatment, and related services provided to: 755 (i) an individual who is a victim of abuse, as defined in Section 78B-7-102; and 756 (ii) the dependent children of an individual who is a victim of abuse, as defined in 757 Section 78B-7-102; and 758 (b) treatment services for an individual who is alleged to have committed, has been 759 convicted of, or has pled guilty to domestic violence. 760 (10) "Homemaking services" means the care of an individual in the individual's domicile, 761 and help given to an individual caretaker relative to achieve improved household and 762 family management through the services of a trained homemaker. 763 (11) "Hormonal transgender treatment" means the same as that term is defined in Section 764 58-1-603. 765 (12) "Mutual case" means a case that is: 766 (a) opened by the division under the division's discretion and procedures; 767 (b) opened by the law enforcement agency with jurisdiction over the case; and 768 (c) accepted for investigation by a child protection team, as applicable. 769 [(12)] (13)(a) "Person responsible for the child's care" means the child's parent, guardian, 770 or other person responsible for the child's care. 771 (b) "Person responsible for the child's care" includes a person responsible for the child's 772 care in the same home as the child, a relative's home, a group, family, or day care 773 facility, a foster care home, or a residential institution. 774 [(13)] (14) "Primary sex characteristic surgical procedure" means the same as that term is 775 defined in Section 58-67-102. 776 (15) "Secondary sex characteristic surgical procedure" means the same as that term is 777 defined in Section 58-67-102. 778 (16) "Shelter care" means the temporary care of a minor in a nonsecure facility. 779 [(14)] (17) "Sibling" means a child who shares or has shared at least one parent in common - 23 - H.B. 283 01-20 13:32 780 either by blood or adoption. 781 [(15)] (18) "Sibling visitation" means services provided by the division to facilitate the 782 interaction between a child in division custody with the child's sibling. 783 [(16)] (19)(a) "Subject of the report" means a person reported under Part 6, Child Abuse 784 and Neglect Reports. 785 (b) "Subject of the report" includes the child who is the alleged victim of the report and 786 the person responsible for the child's care. 787 [(17)] (20) "Temporary custody" means, with regard to the division, the custody of a child 788 from the day on which the shelter hearing described in Section 80-3-301 is held until the 789 day on which the juvenile court enters a disposition under Section 80-3-405. 790 [(18)] (21) "Transportation services" means travel assistance given to an individual with 791 escort service, if necessary, to and from community facilities and resources as part of a 792 service plan. 793 Section 5. Section 80-2-309 is enacted to read: 794 80-2-309 . Orientation and identity. 795 (1) As used in this section: 796 (a)(i) "Custodian" means an individual who has legal custody of a child. 797 (ii) "Custodian" does not include the division. 798 (b)(i) "Guardian" means an individual who has qualified as a guardian of a child 799 pursuant to testamentary or court appointment, or by written instrument as 800 provided in Section 75-5-202.5. 801 (ii) "Guardian" does not include a guardian ad litem. 802 (2)(a) For a child in the protective custody, temporary custody, or custody of the 803 division: 804 (i) subject to Subsection (2)(b), the division may not withhold or conceal information 805 related to a child's asserted gender identity or sexual orientation from the child's 806 parent, guardian, or custodian; 807 (ii) without consent from the child's parent, guardian, or custodian, the division may 808 not refer to the child in division records in a way that is contrary to the child's 809 biological sex; 810 (iii) the division may not initiate hormonal transgender treatment, a primary sex 811 characteristic surgical procedure, or a secondary sex characteristic surgical 812 procedure for the child; and 813 (iv) if a foster parent expresses discomfort with caring for a child based on the child's - 24 - 01-20 13:32 H.B. 283 814 asserted gender identity or sexual orientation, the division may not place the child 815 with that foster parent and may not discriminate or take other adverse action 816 against the foster parent solely on that basis. 817 (b) If a child discloses to the division information regarding the child's asserted gender 818 identity or sexual orientation, and the child wants the information to remain private, 819 the division shall develop a plan in cooperation with the child's therapist or counselor 820 that: 821 (i) allows the division to comply with the requirements described in Subsection 822 (2)(a)(i); 823 (ii) will not result in harm, as that term is defined in Section 80-1-102, to the child; 824 and 825 (iii) is in compliance with all applicable privacy laws. 826 Section 6. Section 80-2-402 is amended to read: 827 80-2-402 . Child welfare training coordinator -- Mandatory education and 828 training of child welfare caseworkers -- Development of curriculum. 829 (1) There is created within the division a full-time position of a child welfare training 830 coordinator. 831 (2) The child welfare training coordinator is not responsible for direct casework services or 832 the supervision of casework services, but is required to: 833 (a) develop child welfare curriculum that: 834 (i) is current and effective, consistent with the division's mission and purpose for 835 child welfare; and 836 (ii) utilizes curriculum and resources from a variety of sources including those from: 837 (A) the public sector; 838 (B) the private sector; and 839 (C) inside and outside of the state; 840 (b) recruit, select, and supervise child welfare trainers; 841 (c) develop a statewide training program, including a budget and identification of 842 sources of funding to support that training; 843 (d) evaluate the efficacy of training in improving job performance; 844 (e) assist child protective services and foster care workers in developing and fulfilling 845 their individual training plans; 846 (f) monitor staff compliance with division training requirements and individual training 847 plans; and - 25 - H.B. 283 01-20 13:32 848 (g) expand the collaboration between the division and schools of social work within 849 institutions of higher education in developing child welfare services curriculum, and 850 in providing and evaluating training. 851 (3) The director shall, with the assistance of the child welfare training coordinator, establish 852 and ensure child welfare caseworker competency regarding a core curriculum for child 853 welfare services that: 854 (a) is driven by child safety and family well-being; 855 (b) emphasizes child and family voice; 856 (c) is based on a policy, procedure, program, or practice that demonstrates an ability to 857 minimize retraumatization associated with the criminal and juvenile justice system; 858 and 859 (d) is consistent with national child welfare practice standards. 860 (4) A child welfare caseworker shall complete training in: 861 (a) the legal duties of a child welfare caseworker; 862 (b) the responsibility of a child welfare caseworker to protect the safety and legal rights 863 of children, parents, and families at all stages of a case, including: 864 (i) initial contact; 865 (ii) safety and risk assessment, as described in Section 80-2-403; and 866 (iii) intervention; 867 (c) recognizing situations involving: 868 (i) substance abuse; 869 (ii) domestic violence; 870 (iii) abuse; and 871 (iv) neglect; and 872 (d) the relationship of the Fourth and Fourteenth Amendments of the Constitution of the 873 United States to the child welfare caseworker's job, including: 874 (i) search and seizure of evidence; 875 (ii) the warrant requirement; 876 (iii) exceptions to the warrant requirement; and 877 (iv) removing a child from the custody of the child's parent or guardian. 878 (5) The division shall train the division's child welfare caseworkers to: 879 (a) apply the risk assessment tools and rules described in Subsection [80-1-102(83)] 880 80-1-102(84); and 881 (b) develop child and family plans that comply with: - 26 - 01-20 13:32 H.B. 283 882 (i) federal mandates; and 883 (ii) the specific needs of the child and the child's family. 884 (6) The division shall use the training of child welfare caseworkers to emphasize: 885 (a) the importance of maintaining the parent-child relationship; 886 (b) the preference for providing in-home services over taking a child into protective 887 custody, both for the emotional well-being of the child and the efficient allocation of 888 resources; and 889 (c) the importance and priority of: 890 (i) kinship placement in the event a child must be taken into protective custody; and 891 (ii) guardianship placement, in the event the parent-child relationship is legally 892 terminated and no appropriate adoptive placement is available. 893 (7) If a child welfare caseworker is hired, before assuming independent casework 894 responsibilities, the division shall ensure that the child welfare caseworker has: 895 (a) completed the training described in Subsections (4), (5), and (6); and 896 (b) participated in sufficient skills development for a child welfare caseworker. 897 Section 7. Section 80-2-1005 is amended to read: 898 80-2-1005 . Classification of reports of alleged abuse or neglect -- Confidential 899 identity of a person who reports -- Access -- Admitting reports into evidence -- Unlawful 900 release and use -- Penalty. 901 (1) Except as otherwise provided in this chapter or Chapter 2a, Removal and Protective 902 Custody of a Child, a report made under Part 6, Child Abuse and Neglect Reports, and 903 any other information in the possession of the division obtained as a result of the report 904 is a private, protected, or controlled record under Title 63G, Chapter 2, Government 905 Records Access and Management Act, and may only be made available to: 906 (a) a police or law enforcement agency investigating a report of known or suspected 907 abuse or neglect, including members of a child protection team; 908 (b) a physician who reasonably believes that a child may be the subject of abuse or 909 neglect; 910 (c) an agency that has responsibility or authority to care for, treat, or supervise a minor 911 who is the subject of a report; 912 (d) a contract provider that has a written contract with the division to render services to a 913 minor who is the subject of a report; 914 (e) the subject of the report, the natural parents of the child, an adoptive parent of the 915 child, an individual who has been awarded permanent custody and guardianship of - 27 - H.B. 283 01-20 13:32 916 the child, and the guardian ad litem; 917 (f) a court, upon a finding that access to the records may be necessary for the 918 determination of an issue before the court, provided that in a divorce, custody, or 919 related proceeding between private parties, the record alone is: 920 (i) limited to objective or undisputed facts that were verified at the time of the 921 investigation; and 922 (ii) devoid of conclusions drawn by the division or any of the division's workers on 923 the ultimate issue of whether or not an individual's acts or omissions constituted 924 any level of abuse or neglect of another individual; 925 (g) an office of the public prosecutor or the public prosecutor's deputies in performing an 926 official duty; 927 (h) a person authorized by a Children's Justice Center, for the purposes described in 928 Section 67-5b-102; 929 (i) a person engaged in bona fide research, when approved by the director of the 930 division, if the information does not include names and addresses; 931 (j) the State Board of Education, acting on behalf of itself or on behalf of a local 932 education agency, as defined in Section 63J-5-102, for the purpose of evaluating 933 whether an individual should be permitted to obtain or retain a license as an educator 934 or serve as an employee or volunteer in a school, limited to information with 935 substantiated or supported findings involving an alleged sexual offense, an alleged 936 felony or class A misdemeanor drug offense, or any alleged offense against the 937 person under Title 76, Chapter 5, Offenses Against the Individual, and with the 938 understanding that the office must provide the subject of a report received under 939 Subsection (1)(k) with an opportunity to respond to the report before making a 940 decision concerning licensure or employment; 941 (k) any individual identified in the report as a perpetrator or possible perpetrator of 942 abuse or neglect, after being advised of the screening prohibition in Subsection (2); 943 (l) a person filing a petition for a child protective order on behalf of a child who is the 944 subject of the report; 945 (m) a licensed child-placing agency or person who is performing a preplacement 946 adoptive evaluation in accordance with the requirements of Sections 78B-6-128 and 947 78B-6-130; 948 (n) an Indian tribe to: 949 (i) certify or license a foster home; - 28 - 01-20 13:32 H.B. 283 950 (ii) render services to a subject of a report; or 951 (iii) investigate an allegation of abuse, neglect, or dependency; or 952 (o) the department or a local substance abuse authority, described in Section 17-43-201, 953 for the purpose of providing substance abuse treatment to a pregnant woman or a 954 parent of a newborn child, or the services described in Subsection [26B-5-211(2)(p)] 955 26B-5-102(2)(p). 956 (2) In accordance with Section 80-2-608 and except as provided in Section 80-2-611, the 957 division and a law enforcement agency shall ensure the anonymity of the person who 958 makes the initial report under Part 6, Child Abuse and Neglect Reports, and any other 959 person involved in the division's or law enforcement agency's subsequent investigation 960 of the report. 961 (3) Notwithstanding any other provision of law, excluding Section 80-3-107, but including 962 this chapter, Chapter 2a, Removal and Protective Custody of a Child, and Title 63G, 963 Chapter 2, Government Records Access and Management Act, if the division makes a 964 report or other information in the division's possession available under Subsection (1)(e) 965 to a subject of the report or a parent of a child, the division shall remove from the report 966 or other information only the names, addresses, and telephone numbers of individuals or 967 specific information that could: 968 (a) identify the referent; 969 (b) impede a criminal investigation; or 970 (c) endanger an individual's safety. 971 (4) A child-placing agency or person who receives a report from the division under 972 Subsection (1)(m) may provide the report to: 973 (a) the subject of the report; 974 (b) a person who is performing a preplacement adoptive evaluation in accordance with 975 Sections 78B-6-128 and 78B-6-130; 976 (c) to a licensed child-placing agency; or 977 (d) an attorney seeking to facilitate an adoption. 978 (5) A member of a child protection team may, before the day on which the child is 979 removed, share case-specific information obtained from the division under this section 980 with other members of the child protection team. 981 (6)(a) Except as provided in Subsection (6)(b), in a divorce, custody, or related 982 proceeding between private parties, a court may not receive into evidence a report 983 that: - 29 - H.B. 283 01-20 13:32 984 (i) is provided to the court: 985 (A) under Subsection (1)(f); or 986 (B) by a parent of the child after the record is made available to the parent under 987 Subsection (1)(e); 988 (ii) describes a parent of the child as the alleged perpetrator; and 989 (iii) is found to be unsubstantiated, unsupported, or without merit. 990 (b)(i) After a motion to admit the report described in Subsection (6)(a) is made, the 991 court shall allow sufficient time for all subjects of the record to respond before 992 making a finding on the motion. 993 (ii) After considering the motion described in Subsection (6)(b)(i), the court may 994 receive the report into evidence upon a finding on the record of good cause. 995 (7)(a) A person may not: 996 (i) willfully permit, or aid and abet, the release of data or information in the 997 possession of the division or contained in the Management Information System in 998 violation of this part or Part 6, Child Abuse and Neglect Reports; or 999 (ii) if the person is not listed in Subsection (1), request another person to obtain or 1000 release a report or other information that the other person obtained under 1001 Subsection (1)(k) to screen for potential perpetrators of abuse or neglect. 1002 (b) A person who violates Subsection (7)(a)(i), or violates Subsection (7)(a)(ii) knowing 1003 the person's actions are a violation of Subsection (7)(a)(ii), is guilty of a class C 1004 misdemeanor. 1005 Section 8. Section 80-2a-201 is amended to read: 1006 80-2a-201 . Rights of parents -- Children's rights -- Interest and responsibility of 1007 state. 1008 (1)(a) Under both the United States Constitution and the constitution of this state, a 1009 parent possesses a fundamental liberty interest in the care, custody, and management 1010 of the parent's children. A fundamentally fair process must be provided to parents if 1011 the state moves to challenge or interfere with parental rights. A governmental entity 1012 must support any actions or allegations made in opposition to the rights and desires 1013 of a parent regarding the parent's child by sufficient evidence to satisfy a parent's 1014 constitutional entitlement to heightened protection against government interference 1015 with the parent's fundamental rights and liberty interests and, concomitantly, the right 1016 of the child to be reared by the child's natural parent. 1017 (b) The fundamental liberty interest of a parent concerning the care, custody, and - 30 - 01-20 13:32 H.B. 283 1018 management of the parent's child is recognized, protected, and does not cease to exist 1019 simply because a parent may fail to be a model parent or because the parent's child is 1020 placed in the temporary custody of the state. At all times, a parent retains a vital 1021 interest in preventing the irretrievable destruction of family life. Before an 1022 adjudication of unfitness, government action in relation to a parent and the parent's 1023 child may not exceed the least restrictive means or alternatives available to 1024 accomplish a compelling state interest. Until the state proves parental unfitness, and 1025 the child suffers, or is substantially likely to suffer, serious detriment as a result, the 1026 child and the child's parent share a vital interest in preventing erroneous termination 1027 of their natural relationship and the state cannot presume that a child and the child's 1028 parent are adversaries. 1029 (c) It is in the best interest and welfare of a child to be raised under the care and 1030 supervision of the child's natural parents. A child's need for a normal family life in a 1031 permanent home, and for positive, nurturing family relationships is usually best met 1032 by the child's natural parents. Additionally, the integrity of the family unit and the 1033 right of a parent to conceive and raise the parent's child are constitutionally protected. 1034 The right of a fit, competent parent to raise the parent's child without undue 1035 government interference is a fundamental liberty interest that has long been protected 1036 by the laws and Constitution and is a fundamental public policy of this state. 1037 (d) The state recognizes that: 1038 (i) a parent has the right, obligation, responsibility, and authority to raise, manage, 1039 train, educate, provide and care for, and reasonably discipline the parent's child; 1040 and 1041 (ii) the state's role is secondary and supportive to the primary role of a parent. 1042 (e) It is the public policy of this state that: 1043 (i) a parent retains the fundamental right and duty to exercise primary control over 1044 the care, supervision, upbringing, and education of the parent's child; 1045 (ii) a parent retains the right to have contact with the parent's child when the child is 1046 placed outside of the parent's home, and parent-time should be ordered by a court 1047 so long as the contact is not contrary to the best interest of the child; and 1048 (iii) a child has the right to have contact with the child's sibling when the child is 1049 placed outside of the home and apart from the child's sibling, and sibling visits 1050 should be ordered by a court unless the contact would be contrary to the safety or 1051 well-being of the child. - 31 - H.B. 283 01-20 13:32 1052 (f) Subsections (2) through (7) shall be interpreted and applied consistent with this 1053 Subsection (1). 1054 (2) It is also the public policy of this state that children have the right to protection from 1055 abuse and neglect, and that the state retains a compelling interest in investigating, 1056 prosecuting, and punishing abuse and neglect. Therefore, the state, as parens patriae, has 1057 an interest in and responsibility to protect a child whose parent abuses the child or does 1058 not adequately provide for the child's welfare. There may be circumstances where a 1059 parent's conduct or condition is a substantial departure from the norm and the parent is 1060 unable or unwilling to render safe and proper parental care and protection. Under those 1061 circumstances, the state may take action for the welfare and protection of the parent's 1062 child. 1063 (3) When the division intervenes on behalf of an abused, neglected, or dependent child, the 1064 division shall take into account the child's need for protection from immediate harm and 1065 the extent to which the child's extended family may provide needed protection. 1066 Throughout the division's involvement, the division shall utilize the least intrusive and 1067 least restrictive means available to protect a child, in an effort to ensure that children are 1068 brought up in stable, permanent families, rather than in temporary foster placements 1069 under the supervision of the state. 1070 (4) If circumstances within the family pose a threat to the child's immediate safety or 1071 welfare, the division may seek custody of the child for a planned, temporary period and 1072 place the child in a safe environment, subject to the requirements of this section and in 1073 accordance with Chapter 3, Abuse, Neglect, and Dependency Proceedings, and when 1074 safe and appropriate, return the child to the child's parent or as a last resort, pursue 1075 another permanency plan. 1076 (5) In determining and making reasonable efforts with regard to a child, under Section 1077 80-2a-302, both the division's and the juvenile court's paramount concern shall be the 1078 child's health, safety, and welfare. The desires of a parent for the parent's child, and the 1079 constitutionally protected rights of a parent, as described in this section, shall be given 1080 full and serious consideration by the division and the juvenile court. 1081 (6) In accordance with Subsections 80-2a-302(4) and 80-3-301(12), in cases where sexual 1082 abuse, sexual exploitation, abandonment, severe abuse, or severe neglect are involved, 1083 the state has no duty to make reasonable efforts or to, in any other way, attempt to 1084 maintain a child in the child's home, provide reunification services, or rehabilitate the 1085 offending parent or parents. This Subsection (6) does not exempt the division from - 32 - 01-20 13:32 H.B. 283 1086 providing court-ordered services. 1087 (7)(a) In accordance with Subsection (1), the division shall strive to achieve appropriate 1088 permanency for children who are abused, neglected, or dependent. The division shall 1089 provide in-home services, if appropriate and safe, in an effort to help a parent to 1090 correct the behavior that resulted in abuse, neglect, or dependency of the parent's 1091 child. The division may pursue a foster placement only if in-home services fail or are 1092 otherwise insufficient or inappropriate, kinship placement is not safe or appropriate, 1093 or in-home services and kinship placement fail and cannot be corrected. The division 1094 shall also seek qualified extended family support or a kinship placement to maintain a 1095 sense of security and stability for the child. 1096 (b) If the use or continuation of reasonable efforts, as described in Subsections (5) and 1097 (6), is determined to be inconsistent with the permanency plan for a child, then 1098 measures shall be taken, in a timely manner, to place the child in accordance with the 1099 permanency plan, and to complete whatever steps are necessary to finalize the 1100 permanent placement of the child. 1101 (c) Subject to the parental rights recognized and protected under this section, if, because 1102 of a parent's conduct or condition, the parent is determined to be unfit or incompetent 1103 based on the grounds for termination of parental rights described in Chapter 4, 1104 Termination and Restoration of Parental Rights, the continuing welfare and best 1105 interest of the child is of paramount importance, and shall be protected in 1106 determining whether that parent's rights should be terminated. 1107 (8) The state's right to direct or intervene in the provision of medical or mental health care 1108 for a child is subject to Subsections [80-1-102(58)(b)(i)] 80-1-102(59)(b)(i) through (iii) 1109 and Sections 80-3-109 and 80-3-304. 1110 Section 9. Section 80-2a-202 is amended to read: 1111 80-2a-202 . Removal of a child by a peace officer or child welfare caseworker -- 1112 Search warrants -- Protective custody and temporary care of a child. 1113 (1) A peace officer or child welfare caseworker may remove a child or take a child into 1114 protective custody, temporary custody, or custody in accordance with this section. 1115 (2)(a) Except as provided in Subsection (2)(b), a peace officer or a child welfare 1116 caseworker may not enter the home of a child whose case is not under the jurisdiction 1117 of the juvenile court, remove a child from the child's home or school, or take a child 1118 into protective custody unless: 1119 (i) there exist exigent circumstances sufficient to relieve the peace officer or the child - 33 - H.B. 283 01-20 13:32 1120 welfare caseworker of the requirement to obtain a search warrant under 1121 Subsection (3); 1122 (ii) the peace officer or child welfare caseworker obtains a search warrant under 1123 Subsection (3); 1124 (iii) the peace officer or child welfare caseworker obtains a court order after the 1125 child's parent or guardian is given notice and an opportunity to be heard; or 1126 (iv) the peace officer or child welfare caseworker obtains the consent of the child's 1127 parent or guardian. 1128 (b) A peace officer or a child welfare caseworker may not take action under Subsection 1129 (2)(a) solely on the basis of: 1130 (i) educational neglect, truancy, or failure to comply with a court order to attend 1131 school; 1132 (ii) the possession or use, in accordance with Title 26B, Chapter 4, Part 2, 1133 Cannabinoid Research and Medical Cannabis, of cannabis in a medicinal dosage 1134 form, a cannabis product in a medicinal dosage form, or a medical cannabis 1135 device, as those terms are defined in Section 26B-4-201; or 1136 (iii) subject to Subsection (2)(c), a parent's agreement or disagreement with a minor 1137 child of the couple's: 1138 (A) assertion that the child's gender identity is different from the child's biological 1139 sex;[ or] 1140 (B) practice of having or expressing a different gender identity than the child's 1141 biological sex[.] ; or 1142 (C) sexual orientation. 1143 (c) Subsection (2)(b)(iii) does not preclude a peace officer or a child welfare caseworker 1144 from taking action under Subsection (2)(a) if the parent's agreement or disagreement 1145 with a minor child as described in Subsection (2)(b)(iii) results in or is related to 1146 harm, as that term is defined in Section 80-1-102, to the minor child. 1147 (3)(a) The juvenile court may issue a warrant authorizing a peace officer or a child 1148 welfare caseworker to search for a child and take the child into protective custody if 1149 it appears to the juvenile court upon a verified petition, recorded sworn testimony or 1150 an affidavit sworn to by a peace officer or another individual, and upon the 1151 examination of other witnesses if required by the juvenile court, that there is probable 1152 cause to believe that: 1153 (i) there is a threat of substantial harm to the child's health or safety; - 34 - 01-20 13:32 H.B. 283 1154 (ii) it is necessary to take the child into protective custody to avoid the harm 1155 described in Subsection (3)(a)(i); and 1156 (iii) it is likely that the child will suffer substantial harm if the child's parent or 1157 guardian is given notice and an opportunity to be heard before the child is taken 1158 into protective custody. 1159 (b) In accordance with Section 77-23-210, a peace officer making the search under 1160 Subsection (3)(a) may enter a house or premises by force, if necessary, in order to 1161 remove the child. 1162 (4)(a) A child welfare caseworker may take action under Subsection (2) accompanied by 1163 a peace officer or without a peace officer if a peace officer is not reasonably available. 1164 (b)(i) Before taking a child into protective custody, and if possible and consistent 1165 with the child's safety and welfare, a child welfare caseworker shall determine 1166 whether there are services available that, if provided to a parent or guardian of the 1167 child, would eliminate the need to remove the child from the custody of the child's 1168 parent or guardian. 1169 (ii) In determining whether the services described in Subsection (4)(b)(i) are 1170 reasonably available, the child welfare caseworker shall consider the child's 1171 health, safety, and welfare as the paramount concern. 1172 (iii) If the child welfare caseworker determines the services described in Subsection 1173 (4)(b)(i) are reasonably available, the services shall be utilized. 1174 (5)(a) If a peace officer or a child welfare caseworker takes a child into protective 1175 custody under Subsection (2), the peace officer or child welfare caseworker shall: 1176 (i) notify the child's parent or guardian in accordance with Section 80-2a-203; and 1177 (ii) release the child to the care of the child's parent or guardian or another 1178 responsible adult, unless: 1179 (A) the child's immediate welfare requires the child remain in protective custody; 1180 or 1181 (B) the protection of the community requires the child's detention in accordance 1182 with Chapter 6, Part 2, Custody and Detention. 1183 (b)(i) If a peace officer or child welfare caseworker is executing a warrant under 1184 Subsection (3), the peace officer or child welfare caseworker shall take the child 1185 to: 1186 (A) a shelter facility; or 1187 (B) if the division makes an emergency placement under Section 80-2a-301, the - 35 - H.B. 283 01-20 13:32 1188 emergency placement. 1189 (ii) If a peace officer or a child welfare caseworker takes a child to a shelter facility 1190 under Subsection (5)(b)(i), the peace officer or the child welfare caseworker shall 1191 promptly file a written report that includes the child's information, on a form 1192 provided by the division, with the shelter facility. 1193 (c) A child removed or taken into protective custody under this section may not be 1194 placed or kept in detention pending court proceedings, unless the child may be held 1195 in detention under Chapter 6, Part 2, Custody and Detention. 1196 (6)(a) The juvenile court shall issue a warrant authorizing a peace officer or a child 1197 welfare worker to search for a child who is missing, has been abducted, or has run 1198 away, and take the child into physical custody if the juvenile court determines that 1199 the child is missing, has been abducted, or has run away from the protective custody, 1200 temporary custody, or custody of the division. 1201 (b) If the juvenile court issues a warrant under Subsection (6)(a): 1202 (i) the division shall notify the child's parent or guardian who has a right to 1203 parent-time with the child in accordance with Subsection 80-2a-203(5)(a); 1204 (ii) the court shall order: 1205 (A) the law enforcement agency that has jurisdiction over the location from which 1206 the child ran away to enter a record of the warrant into the National Crime 1207 Information Center database within 24 hours after the time in which the law 1208 enforcement agency receives a copy of the warrant; and 1209 (B) the division to notify the law enforcement agency described in Subsection 1210 (6)(b)(ii)(A) of the order described in Subsection (6)(b)(ii)(A); and 1211 (c) the court shall specify the location to which the peace officer or the child welfare 1212 caseworker shall transport the child. 1213 Section 10. Section 80-3-111 is amended to read: 1214 80-3-111 . Interstate compact -- Relative placement. 1215 (1) If, for a relative placement, an interstate placement requested under the Interstate 1216 Compact on the Placement of Children has been initiated by the division or is ordered by 1217 or pending before the juvenile court, the court may not finalize a non-relative placement 1218 unless the court gives due weight to: 1219 (a) the preferential consideration granted to a relative in Section 80-3-302; 1220 (b) the rebuttable presumption in Section 80-3-302; and 1221 (c) the division's placement authority under Subsections [80-1-102(50)] 80-1-102(51) - 36 - 01-20 13:32 H.B. 283 1222 and 80-3-303(1). 1223 (2) Nothing in this section affects the ability of a foster parent to petition the juvenile court 1224 under Subsection 80-3-502(3). 1225 Section 11. Section 80-3-204 is amended to read: 1226 80-3-204 . Protective custody of a child after a petition is filed -- Grounds. 1227 (1) When an abuse, neglect, or dependency petition is filed, the juvenile court shall apply, 1228 in addressing the petition, the least restrictive means and alternatives available to 1229 accomplish a compelling state interest and to prevent irretrievable destruction of family 1230 life as described in Subsections 80-2a-201(1) and (7)(a) and Section 80-4-104. 1231 (2) After an abuse, neglect, or dependency petition is filed, if the child who is the subject of 1232 the petition is not in protective custody, a juvenile court may order that the child be 1233 removed from the child's home or otherwise taken into protective custody if the juvenile 1234 court finds, by a preponderance of the evidence, that any one or more of the following 1235 circumstances exist: 1236 (a)(i) there is an imminent danger to the physical health or safety of the child; and 1237 (ii) the child's physical health or safety may not be protected without removing the 1238 child from the custody of the child's parent or guardian; 1239 (b)(i) a parent or guardian engages in or threatens the child with unreasonable 1240 conduct that causes the child to suffer harm; and 1241 (ii) there are no less restrictive means available by which the child's emotional health 1242 may be protected without removing the child from the custody of the child's 1243 parent or guardian; 1244 (c) the child or another child residing in the same household has been, or is considered 1245 to be at substantial risk of being, physically abused, sexually abused, or sexually 1246 exploited, by a parent or guardian, a member of the parent's or guardian's household, 1247 or other individual known to the parent or guardian; 1248 (d) the parent or guardian is unwilling to have physical custody of the child; 1249 (e) the child is abandoned or left without any provision for the child's support; 1250 (f) a parent or guardian who has been incarcerated or institutionalized has not arranged 1251 or cannot arrange for safe and appropriate care for the child; 1252 (g)(i) a relative or other adult custodian with whom the child is left by the parent or 1253 guardian is unwilling or unable to provide care or support for the child; 1254 (ii) the whereabouts of the parent or guardian are unknown; and 1255 (iii) reasonable efforts to locate the parent or guardian are unsuccessful; - 37 - H.B. 283 01-20 13:32 1256 (h) subject to Subsection [80-1-102(58)(b)] 80-1-102(59)(b) and Sections 80-3-109 and 1257 80-3-304, the child is in immediate need of medical care; 1258 (i)(i) a parent's or guardian's actions, omissions, or habitual action create an 1259 environment that poses a serious risk to the child's health or safety for which 1260 immediate remedial or preventive action is necessary; or 1261 (ii) a parent's or guardian's action in leaving a child unattended would reasonably 1262 pose a threat to the child's health or safety; 1263 (j) the child or another child residing in the same household has been neglected; 1264 (k) the child's natural parent: 1265 (i) intentionally, knowingly, or recklessly causes the death of another parent of the 1266 child; 1267 (ii) is identified by a law enforcement agency as the primary suspect in an 1268 investigation for intentionally, knowingly, or recklessly causing the death of 1269 another parent of the child; or 1270 (iii) is being prosecuted for or has been convicted of intentionally, knowingly, or 1271 recklessly causing the death of another parent of the child; 1272 (l) an infant is an abandoned infant, as defined in Section 80-4-203; 1273 (m)(i) the parent or guardian, or an adult residing in the same household as the parent 1274 or guardian, is charged or arrested pursuant to Title 58, Chapter 37d, Clandestine 1275 Drug Lab Act; and 1276 (ii) any clandestine laboratory operation was located in the residence or on the 1277 property where the child resided; or 1278 (n) the child's welfare is otherwise endangered. 1279 (3)(a) For purposes of Subsection (2)(a), if a child has previously been adjudicated as 1280 abused, neglected, or dependent, and a subsequent incident of abuse, neglect, or 1281 dependency occurs involving the same substantiated abuser or under similar 1282 circumstance as the previous abuse, that fact is prima facie evidence that the child 1283 cannot safely remain in the custody of the child's parent. 1284 (b) For purposes of Subsection (2)(c): 1285 (i) another child residing in the same household may not be removed from the home 1286 unless that child is considered to be at substantial risk of being physically abused, 1287 sexually abused, or sexually exploited as described in Subsection (2)(c) or 1288 Subsection (3)(b)(ii); and 1289 (ii) if a parent or guardian has received actual notice that physical abuse, sexual - 38 - 01-20 13:32 H.B. 283 1290 abuse, or sexual exploitation by an individual known to the parent has occurred, 1291 and there is evidence that the parent or guardian failed to protect the child, after 1292 having received the notice, by allowing the child to be in the physical presence of 1293 the alleged abuser, that fact is prima facie evidence that the child is at substantial 1294 risk of being physically abused, sexually abused, or sexually exploited. 1295 (4)(a) For purposes of Subsection (2), if the division files an abuse, neglect, or 1296 dependency petition, the juvenile court shall consider the division's safety and risk 1297 assessments described in Section 80-2-403 to determine whether a child should be 1298 removed from the custody of the child's parent or guardian or should otherwise be 1299 taken into protective custody. 1300 (b) The division shall make a diligent effort to provide the safety and risk assessments 1301 described in Section 80-2-403 to the juvenile court, guardian ad litem, and counsel 1302 for the parent or guardian, as soon as practicable before the shelter hearing described 1303 in Section 80-3-301. 1304 (5) In the absence of one of the factors described in Subsection (2), a juvenile court may not 1305 remove a child from the parent's or guardian's custody on the basis of: 1306 (a) educational neglect, truancy, or failure to comply with a court order to attend school; 1307 (b) mental illness or poverty of the parent or guardian; 1308 (c) disability of the parent or guardian, as defined in Section 57-21-2; or 1309 (d) the possession or use, in accordance with Title 26B, Chapter 4, Part 2, Cannabinoid 1310 Research and Medical Cannabis, of cannabis in a medicinal dosage form, a cannabis 1311 product in a medicinal dosage form, or a medical cannabis device, as those terms are 1312 defined in Section 26B-4-201. 1313 (6) A child removed from the custody of the child's parent or guardian under this section 1314 may not be placed or kept in detention, unless the child may be admitted to detention 1315 under Chapter 6, Part 2, Custody and Detention. 1316 (7) This section does not preclude removal of a child from the child's home without a 1317 warrant or court order under Section 80-2a-202. 1318 (8)(a) Except as provided in Subsection (8)(b), a juvenile court and the division may not 1319 remove a child from the custody of the child's parent or guardian on the sole or 1320 primary basis that the parent or guardian refuses to consent to: 1321 (i) the administration of a psychotropic medication to a child; 1322 (ii) a psychiatric, psychological, or behavioral treatment for a child; or 1323 (iii) a psychiatric or behavioral health evaluation of a child. - 39 - H.B. 283 01-20 13:32 1324 (b) Notwithstanding Subsection (8)(a), a juvenile court or the division may remove a 1325 child under conditions that would otherwise be prohibited under Subsection (8)(a) if 1326 failure to take an action described under Subsection (8)(a) would present a serious, 1327 imminent risk to the child's physical safety or the physical safety of others. 1328 Section 12. Section 80-3-301 is amended to read: 1329 80-3-301 . Shelter hearing -- Court considerations. 1330 (1) A juvenile court shall hold a shelter hearing to determine the temporary custody of a 1331 child within 72 hours, excluding weekends and holidays, after any one or all of the 1332 following occur: 1333 (a) removal of the child from the child's home by the division; 1334 (b) placement of the child in protective custody; 1335 (c) emergency placement under Subsection 80-2a-202(5); 1336 (d) as an alternative to removal of the child, a parent enters a domestic violence shelter 1337 at the request of the division; or 1338 (e) a motion for expedited placement in temporary custody is filed under Section 1339 80-3-203. 1340 (2) If one of the circumstances described in Subsections (1)(a) through (e) occurs, the 1341 division shall issue a notice that contains all of the following: 1342 (a) the name and address of the individual to whom the notice is directed; 1343 (b) the date, time, and place of the shelter hearing; 1344 (c) the name of the child on whose behalf an abuse, neglect, or dependency petition is 1345 brought; 1346 (d) a concise statement regarding: 1347 (i) the reasons for removal or other action of the division under Subsection (1); and 1348 (ii) the allegations and code sections under which the proceeding is instituted; 1349 (e) a statement that the parent or guardian to whom notice is given, and the child, are 1350 entitled to have an attorney present at the shelter hearing, and that if the parent or 1351 guardian is an indigent individual and cannot afford an attorney, and desires to be 1352 represented by an attorney, one will be provided in accordance with Title 78B, 1353 Chapter 22, Indigent Defense Act; and 1354 (f) a statement that the parent or guardian is liable for the cost of support of the child in 1355 the protective custody, temporary custody, and custody of the division, and the cost 1356 for legal counsel appointed for the parent or guardian under Subsection (2)(e), 1357 according to the financial ability of the parent or guardian. - 40 - 01-20 13:32 H.B. 283 1358 (3) The notice described in Subsection (2) shall be personally served as soon as possible, 1359 but no later than one business day after the day on which the child is removed from the 1360 child's home, or the day on which a motion for expedited placement in temporary 1361 custody under Section 80-3-203 is filed, on: 1362 (a) the appropriate guardian ad litem; and 1363 (b) both parents and any guardian of the child, unless the parents or guardians cannot be 1364 located. 1365 (4) Notwithstanding Section 80-3-104, the following individuals shall be present at the 1366 shelter hearing: 1367 (a) the child, unless it would be detrimental for the child; 1368 (b) the child's parents or guardian, unless the parents or guardian cannot be located, or 1369 fail to appear in response to the notice; 1370 (c) counsel for the parents, if one is requested; 1371 (d) the child's guardian ad litem; 1372 (e) the child welfare caseworker from the division who is assigned to the case; and 1373 (f) the attorney from the attorney general's office who is representing the division. 1374 (5)(a) At the shelter hearing, the juvenile court shall: 1375 (i) provide an opportunity to provide relevant testimony to: 1376 (A) the child's parent or guardian, if present; and 1377 (B) any other individual with relevant knowledge; 1378 (ii) subject to Section 80-3-108, provide an opportunity for the child to testify; and 1379 (iii) in accordance with Subsections 80-3-302(7)(c) and (d), grant preferential 1380 consideration to a relative or friend for the temporary placement of the child. 1381 (b) The juvenile court: 1382 (i) may consider all relevant evidence, in accordance with the Utah Rules of Juvenile 1383 Procedure; 1384 (ii) shall hear relevant evidence presented by the child, the child's parent or guardian, 1385 the requesting party, or the requesting party's counsel; and 1386 (iii) may in the juvenile court's discretion limit testimony and evidence to only that 1387 which goes to the issues of removal and the child's need for continued protection. 1388 (6) If the child is in protective custody, the division shall report to the juvenile court: 1389 (a) the reason why the child was removed from the parent's or guardian's custody; 1390 (b) any services provided to the child and the child's family in an effort to prevent 1391 removal; - 41 - H.B. 283 01-20 13:32 1392 (c) the need, if any, for continued shelter; 1393 (d) the available services that could facilitate the return of the child to the custody of the 1394 child's parent or guardian; and 1395 (e) subject to Subsections 80-3-302(7)(c) and (d), whether any relatives of the child or 1396 friends of the child's parents may be able and willing to accept temporary placement 1397 of the child. 1398 (7) The juvenile court shall consider all relevant evidence provided by an individual or 1399 entity authorized to present relevant evidence under this section. 1400 (8)(a) If necessary to protect the child, preserve the rights of a party, or for other good 1401 cause shown, the juvenile court may grant no more than one continuance, not to 1402 exceed five judicial days. 1403 (b) A juvenile court shall honor, as nearly as practicable, the request by a parent or 1404 guardian for a continuance under Subsection (8)(a). 1405 (c) Notwithstanding Subsection (8)(a), if the division fails to provide the notice 1406 described in Subsection (2) within the time described in Subsection (3), the juvenile 1407 court may grant the request of a parent or guardian for a continuance, not to exceed 1408 five judicial days. 1409 (9)(a) If the child is in protective custody, the juvenile court shall order that the child be 1410 returned to the custody of the parent or guardian unless the juvenile court finds, by a 1411 preponderance of the evidence, consistent with the protections and requirements 1412 provided in Subsection 80-2a-201(1), that any one of the following exists: 1413 (i) subject to Subsection (9)(b)(i), there is a serious danger to the physical health or 1414 safety of the child and the child's physical health or safety may not be protected 1415 without removing the child from the custody of the child's parent; 1416 (ii)(A) the child is suffering emotional damage that results in a serious impairment 1417 in the child's growth, development, behavior, or psychological functioning; 1418 (B) the parent or guardian is unwilling or unable to make reasonable changes that 1419 would sufficiently prevent future damage; and 1420 (C) there are no reasonable means available by which the child's emotional health 1421 may be protected without removing the child from the custody of the child's 1422 parent or guardian; 1423 (iii) there is a substantial risk that the child will suffer abuse or neglect if the child is 1424 not removed from the custody of the child's parent or guardian; 1425 (iv) subject to Subsection (9)(b)(ii), the child or a minor residing in the same - 42 - 01-20 13:32 H.B. 283 1426 household has been, or is considered to be at substantial risk of being, physically 1427 abused, sexually abused, or sexually exploited by: 1428 (A) a parent or guardian; 1429 (B) a member of the parent's household or the guardian's household; or 1430 (C) an individual known to the parent or guardian; 1431 (v) the parent or guardian is unwilling to have physical custody of the child; 1432 (vi) the parent or guardian is unable to have physical custody of the child; 1433 (vii) the child is without any provision for the child's support; 1434 (viii) a parent who is incarcerated or institutionalized has not or cannot arrange for 1435 safe and appropriate care for the child; 1436 (ix)(A) a relative or other adult custodian with whom the child is left by the parent 1437 or guardian is unwilling or unable to provide care or support for the child; 1438 (B) the whereabouts of the parent or guardian are unknown; and 1439 (C) reasonable efforts to locate the parent or guardian are unsuccessful; 1440 (x) subject to Subsection [80-1-102(58)(b)(i)] 80-1-102(59)(b)(i) and Sections 1441 80-3-109 and 80-3-304, the child is in immediate need of medical care; 1442 (xi)(A) the physical environment or the fact that the child is left unattended 1443 beyond a reasonable period of time poses a threat to the child's health or safety; 1444 and 1445 (B) the parent or guardian is unwilling or unable to make reasonable changes that 1446 would remove the threat; 1447 (xii)(A) the child or a minor residing in the same household has been neglected; 1448 and 1449 (B) the parent or guardian is unwilling or unable to make reasonable changes that 1450 would prevent the neglect; 1451 (xiii) the parent, guardian, or an adult residing in the same household as the parent or 1452 guardian, is charged or arrested pursuant to Title 58, Chapter 37d, Clandestine 1453 Drug Lab Act, and any clandestine laboratory operation was located in the 1454 residence or on the property where the child resided; 1455 (xiv)(A) the child's welfare is substantially endangered; and 1456 (B) the parent or guardian is unwilling or unable to make reasonable changes that 1457 would remove the danger; or 1458 (xv) the child's natural parent: 1459 (A) intentionally, knowingly, or recklessly causes the death of another parent of - 43 - H.B. 283 01-20 13:32 1460 the child; 1461 (B) is identified by a law enforcement agency as the primary suspect in an 1462 investigation for intentionally, knowingly, or recklessly causing the death of 1463 another parent of the child; or 1464 (C) is being prosecuted for or has been convicted of intentionally, knowingly, or 1465 recklessly causing the death of another parent of the child. 1466 (b)(i) Prima facie evidence of the finding described in Subsection (9)(a)(i) is 1467 established if: 1468 (A) a court previously adjudicated that the child suffered abuse, neglect, or 1469 dependency involving the parent; and 1470 (B) a subsequent incident of abuse, neglect, or dependency involving the parent 1471 occurs. 1472 (ii) For purposes of Subsection (9)(a)(iv), if the juvenile court finds that the parent 1473 knowingly allowed the child to be in the physical care of an individual after the 1474 parent received actual notice that the individual physically abused, sexually 1475 abused, or sexually exploited the child, that fact is prima facie evidence that there 1476 is a substantial risk that the child will be physically abused, sexually abused, or 1477 sexually exploited. 1478 (10)(a)(i) The juvenile court shall make a determination on the record as to whether 1479 reasonable efforts were made to prevent or eliminate the need for removal of the 1480 child from the child's home and whether there are available services that would 1481 prevent the need for continued removal. 1482 (ii) If the juvenile court finds that the child can be safely returned to the custody of 1483 the child's parent or guardian through the provision of the services described in 1484 Subsection (10)(a)(i), the juvenile court shall place the child with the child's 1485 parent or guardian and order that the services be provided by the division. 1486 (b) In accordance with federal law, the juvenile court shall consider the child's health, 1487 safety, and welfare as the paramount concern when making the determination 1488 described in Subsection (10)(a), and in ordering and providing the services described 1489 in Subsection (10)(a). 1490 (11) If the division's first contact with the family occurred during an emergency situation in 1491 which the child could not safely remain at home, the juvenile court shall make a finding 1492 that any lack of preplacement preventive efforts, as described in Section 80-2a-302, was 1493 appropriate. - 44 - 01-20 13:32 H.B. 283 1494 (12) In cases where sexual abuse, sexual exploitation, abandonment, severe abuse, or severe 1495 neglect are involved, the juvenile court and the division do not have any duty to make 1496 reasonable efforts or to, in any other way, attempt to maintain a child in the child's 1497 home, return a child to the child's home, provide reunification services, or attempt to 1498 rehabilitate the offending parent or parents. 1499 (13) The juvenile court may not order continued removal of a child solely on the basis of 1500 educational neglect, truancy, or failure to comply with a court order to attend school. 1501 (14)(a) If a juvenile court orders continued removal of a child under this section, the 1502 juvenile court shall state the facts on which the decision is based. 1503 (b) If no continued removal is ordered and the child is returned home, the juvenile court 1504 shall state the facts on which the decision is based. 1505 (15) If the juvenile court finds that continued removal and temporary custody are necessary 1506 for the protection of a child under Subsection (9)(a), the juvenile court shall order 1507 continued removal regardless of: 1508 (a) any error in the initial removal of the child; 1509 (b) the failure of a party to comply with notice provisions; or 1510 (c) any other procedural requirement of this chapter, Chapter 2, Child Welfare Services, 1511 or Chapter 2a, Removal and Protective Custody of a Child. 1512 Section 13. Section 80-3-302 is amended to read: 1513 80-3-302 . Shelter hearing -- Placement of a child. 1514 (1) As used in this section: 1515 (a) "Asserted an interest" means to communicate, verbally or in writing, to the division 1516 or the court, that the relative or friend is interested in becoming a placement for the 1517 child. 1518 (b)(i) "Natural parent," notwithstanding Section 80-1-102, means: 1519 (A) a biological or adoptive mother of the child; 1520 (B) an adoptive father of the child; or 1521 (C) a biological father of the child who: 1522 (I) was married to the child's biological mother at the time the child was 1523 conceived or born; or 1524 (II) has strictly complied with Sections 78B-6-120 through 78B-6-122, before 1525 removal of the child or voluntary surrender of the child by the custodial 1526 parent. 1527 (ii) "Natural parent" includes the individuals described in Subsection (1)(b) - 45 - H.B. 283 01-20 13:32 1528 regardless of whether the child has been or will be placed with adoptive parents or 1529 whether adoption has been or will be considered as a long-term goal for the child. 1530 (2)(a) At the shelter hearing, if the juvenile court orders that a child be removed from the 1531 custody of the child's parent in accordance with Section 80-3-301, the juvenile court 1532 shall first determine whether there is another natural parent with whom the child was 1533 not residing at the time the events or conditions that brought the child within the 1534 juvenile court's jurisdiction occurred, who desires to assume custody of the child. 1535 (b) Subject to Subsection (7), if another natural parent requests custody under 1536 Subsection (2)(a), the juvenile court shall place the child with that parent unless the 1537 juvenile court finds that the placement would be unsafe or otherwise detrimental to 1538 the child. 1539 (c) The juvenile court: 1540 (i) shall make a specific finding regarding the fitness of the parent described in 1541 Subsection (2)(b) to assume custody, and the safety and appropriateness of the 1542 placement; 1543 (ii) shall, at a minimum, order the division to visit the parent's home, comply with the 1544 criminal background check provisions described in Section 80-3-305, and check 1545 the Management Information System for any previous reports of abuse or neglect 1546 received by the division regarding the parent at issue; 1547 (iii) may order the division to conduct any further investigation regarding the safety 1548 and appropriateness of the placement; and 1549 (iv) may place the child in the temporary custody of the division, pending the 1550 juvenile court's determination regarding the placement. 1551 (d) The division shall report the division's findings from an investigation under 1552 Subsection (2)(c), regarding the child in writing to the juvenile court. 1553 (3) If the juvenile court orders placement with a parent under Subsection (2): 1554 (a) the child and the parent are under the continuing jurisdiction of the juvenile court; 1555 (b) the juvenile court may order: 1556 (i) that the parent take custody subject to the supervision of the juvenile court; and 1557 (ii) that services be provided to the parent from whose custody the child was 1558 removed, the parent who has assumed custody, or both; and 1559 (c) the juvenile court shall order reasonable parent-time with the parent from whose 1560 custody the child was removed, unless parent-time is not in the best interest of the 1561 child. - 46 - 01-20 13:32 H.B. 283 1562 (4) The juvenile court shall periodically review an order described in Subsection (3) to 1563 determine whether: 1564 (a) placement with the parent continues to be in the child's best interest; 1565 (b) the child should be returned to the original custodial parent; 1566 (c) the child should be placed with a relative under Subsections (6) through (9); or 1567 (d) the child should be placed in the temporary custody of the division. 1568 (5)(a) Legal custody of the child is not affected by an order entered under Subsection (2) 1569 or (3). 1570 (b) To affect a previous court order regarding legal custody, the party shall petition the 1571 court for modification of legal custody. 1572 (6) Subject to Subsection (7), if, at the time of the shelter hearing, a child is removed from 1573 the custody of the child's parent and is not placed in the custody of the child's other 1574 parent, the juvenile court: 1575 (a) shall, at that time, determine whether there is a relative or a friend who is able and 1576 willing to care for the child, which may include asking a child, who is of sufficient 1577 maturity to articulate the child's wishes in relation to a placement, if there is a relative 1578 or friend with whom the child would prefer to reside; 1579 (b) may order the division to conduct a reasonable search to determine whether there are 1580 relatives or friends who are willing and appropriate, in accordance with the 1581 requirements of this chapter, Chapter 2, Child Welfare Services, and Chapter 2a, 1582 Removal and Protective Custody of a Child, for placement of the child; 1583 (c) shall order the parents to cooperate with the division, within five working days, to 1584 provide information regarding relatives or friends who may be able and willing to 1585 care for the child; and 1586 (d) may order that the child be placed in the temporary custody of the division pending 1587 the determination under Subsection (6)(a). 1588 (7)(a)(i) Subject to Subsection (7)(b), and if the provisions of this section are 1589 satisfied, the division and the juvenile court shall give preferential consideration to 1590 a relative's or a friend's request for placement of the child, if the placement is in 1591 the best interest of the child. 1592 (ii) If a relative or friend verbally communicates to the division or court that the 1593 relative or friend is interested in becoming a placement for the child, the division 1594 or court shall make a written record of the communication and include that written 1595 record in the report the division submits at the initial dispositional hearing, a - 47 - H.B. 283 01-20 13:32 1596 report the division submits under Section 80-3-408, or the court's legal file. 1597 (b)(i)(A) The preferential consideration that the juvenile court or division initially 1598 grants a friend under Subsection (7)(a)(i) expires 120 days after the day on 1599 which the shelter hearing occurs. 1600 (B) After the day on which the time period described in Subsection (7)(b)(i)(A) 1601 expires, the division or the juvenile court may not grant preferential 1602 consideration to a friend, who has not obtained custody or asserted an interest 1603 in the child. 1604 (ii)(A) Until eight months after the day on which the shelter hearing occurs, the 1605 preferential consideration that the juvenile court or division grants a relative 1606 under Subsection (7)(a)(i) is a rebuttable presumption that placement of the 1607 child with a relative is in the best interest of the child. 1608 (B) After the rebuttable presumption described in Subsection (7)(b)(ii)(A) expires, 1609 the juvenile court or division shall give preferential consideration to a relative's 1610 request for placement of the child, if the placement is in the best interest of the 1611 child considering the totality of the circumstances. 1612 (C) If a relative asserts an interest in becoming a placement for the child more 1613 than one year after the day on which the shelter hearing occurs, the juvenile 1614 court may not give the relative the preferential consideration described in 1615 Subsection (7)(b)(ii)(B). 1616 (c) The following order of preference shall be applied when determining the individual 1617 with whom a child will be placed, provided that the individual is willing and able to 1618 care for the child: 1619 (i) a noncustodial parent of the child; 1620 (ii) a relative of the child; 1621 (iii) subject to Subsection (7)(d), a friend if the friend is a licensed foster parent; and 1622 (iv) other placements that are consistent with the requirements of law. 1623 (d) In determining whether a friend is a willing, able, and appropriate placement for a 1624 child, the juvenile court or the division: 1625 (i) subject to Subsections (7)(d)(ii) through (iv), shall consider the child's preferences 1626 or level of comfort with the friend; 1627 (ii) is required to consider no more than one friend designated by each parent of the 1628 child and one friend designated by the child if the child is of sufficient maturity to 1629 articulate the child's wishes in relation to a placement; - 48 - 01-20 13:32 H.B. 283 1630 (iii) may limit the number of designated friends to two, one of whom shall be a friend 1631 designated by the child if the child is of sufficient maturity to articulate the child's 1632 wishes in relation to a placement; and 1633 (iv) shall give preference to a friend designated by the child if: 1634 (A) the child is of sufficient maturity to articulate the child's wishes; and 1635 (B) the basis for removing the child under Section 80-3-301 is sexual abuse of the 1636 child. 1637 (e)(i) If a parent of the child or the child, if the child is of sufficient maturity to 1638 articulate the child's wishes in relation to a placement, is not able to designate a 1639 friend who is a licensed foster parent for placement of the child, but is able to 1640 identify a friend who is willing to become licensed as a foster parent, the 1641 department shall fully cooperate to expedite the licensing process for the friend. 1642 (ii) If the friend described in Subsection (7)(e)(i) becomes licensed as a foster parent 1643 within the time frame described in Subsection (7)(b)(i), the juvenile court shall 1644 determine whether it is in the best interest of the child to place the child with the 1645 friend. 1646 (8)(a) If a relative or friend who is willing to cooperate with the child's permanency goal 1647 is identified under Subsection (6)(a), the juvenile court: 1648 (i) shall make a specific finding regarding: 1649 (A) the fitness of that relative or friend as a placement for the child; and 1650 (B) the safety and appropriateness of placement with the relative or friend; and 1651 (ii) may not consider a request for guardianship or adoption of the child by an 1652 individual who is not a relative of the child, or prevent the division from placing 1653 the child in the custody of a relative of the child in accordance with this part, until 1654 after the day on which the juvenile court makes the findings under Subsection 1655 (8)(a)(i). 1656 (b) In making the finding described in Subsection (8)(a), the juvenile court shall, at a 1657 minimum, order the division to: 1658 (i) if the child may be placed with a relative, conduct a background check that 1659 includes: 1660 (A) completion of a nonfingerprint-based, Utah Bureau of Criminal Identification 1661 background check of the relative; 1662 (B) a completed search, relating to the relative, of the Management Information 1663 System; and - 49 - H.B. 283 01-20 13:32 1664 (C) a background check that complies with the criminal background check 1665 provisions described in Section 80-3-305, of each nonrelative of the child who 1666 resides in the household where the child may be placed; 1667 (ii) if the child will be placed with a noncustodial parent, complete a background 1668 check that includes: 1669 (A) the background check requirements applicable to an emergency placement 1670 with a noncustodial parent that are described in Subsections 80-2a-301(4) and 1671 (6); 1672 (B) a completed search, relating to the noncustodial parent of the child, of the 1673 Management Information System; and 1674 (C) a background check that complies with the criminal background check 1675 provisions described in Section 80-3-305, of each nonrelative of the child who 1676 resides in the household where the child may be placed; 1677 (iii) if the child may be placed with an individual other than a noncustodial parent or 1678 a relative, conduct a criminal background check of the individual, and each adult 1679 that resides in the household where the child may be placed, that complies with 1680 the criminal background check provisions described in Section 80-3-305; 1681 (iv) visit the relative's or friend's home; 1682 (v) check the Management Information System for any previous reports of abuse or 1683 neglect regarding the relative or friend at issue; 1684 (vi) report the division's findings in writing to the juvenile court; and 1685 (vii) provide sufficient information so that the juvenile court may determine whether: 1686 (A) the relative or friend has any history of abusive or neglectful behavior toward 1687 other children that may indicate or present a danger to this child; 1688 (B) the child is comfortable with the relative or friend; 1689 (C) the relative or friend recognizes the parent's history of abuse and is committed 1690 to protect the child; 1691 (D) the relative or friend is strong enough to resist inappropriate requests by the 1692 parent for access to the child, in accordance with court orders; 1693 (E) the relative or friend is committed to caring for the child as long as necessary; 1694 and 1695 (F) the relative or friend can provide a secure and stable environment for the child. 1696 (c) The division may determine to conduct, or the juvenile court may order the division 1697 to conduct, any further investigation regarding the safety and appropriateness of the - 50 - 01-20 13:32 H.B. 283 1698 placement described in Subsection (8)(a). 1699 (d) The division shall complete and file the division's assessment regarding placement 1700 with a relative or friend under Subsections (8)(a) and (b) as soon as practicable, in an 1701 effort to facilitate placement of the child with a relative or friend. 1702 (9)(a) The juvenile court may place a child described in Subsection (2)(a) in the 1703 temporary custody of the division, pending the division's investigation under 1704 Subsection (8), and the juvenile court's determination regarding the appropriateness 1705 of the placement. 1706 (b) The juvenile court shall ultimately base the juvenile court's determination regarding 1707 the appropriateness of a placement with a relative or friend on the best interest of the 1708 child. 1709 (10) If a juvenile court places a child described in Subsection (6) with the child's relative or 1710 friend: 1711 (a) the juvenile court shall: 1712 (i) order the relative or friend take custody, subject to the continuing supervision of 1713 the juvenile court; 1714 (ii) provide for reasonable parent-time with the parent or parents from whose custody 1715 the child is removed, unless parent-time is not in the best interest of the child; and 1716 (iii) conduct a periodic review no less often than every six months, to determine 1717 whether: 1718 (A) placement with a relative or friend continues to be in the child's best interest; 1719 (B) the child should be returned home; or 1720 (C) the child should be placed in the custody of the division; 1721 (b) the juvenile court may enter an order: 1722 (i) requiring the division to provide necessary services to the child and the child's 1723 relative or friend, including the monitoring of the child's safety and well-being; or 1724 (ii) that the juvenile court considers necessary for the protection and best interest of 1725 the child; and 1726 (c) the child and the relative or friend in whose custody the child is placed are under the 1727 continuing jurisdiction of the juvenile court. 1728 (11) No later than 12 months after the day on which the child is removed from the home, 1729 the juvenile court shall schedule a hearing for the purpose of entering a permanent order 1730 in accordance with the best interest of the child. 1731 (12) The time limitations described in Section 80-3-406, with regard to reunification - 51 - H.B. 283 01-20 13:32 1732 efforts, apply to a child placed with a previously noncustodial parent under Subsection 1733 (2) or with a relative or friend under Subsection (6). 1734 (13)(a) If the juvenile court awards temporary custody of a child to the division, and the 1735 division places the child with a relative, the division shall: 1736 (i) conduct a criminal background check of the relative that complies with the 1737 criminal background check provisions described in Section 80-3-305; and 1738 (ii) if the results of the criminal background check described in Subsection (13)(a)(i) 1739 would prohibit the relative from having direct access to the child under Section 1740 26B-2-120, the division shall: 1741 (A) take the child into physical custody; and 1742 (B) within three days, excluding weekends and holidays, after the day on which 1743 the child is taken into physical custody under Subsection (13)(a)(ii)(A), give 1744 written notice to the juvenile court, and all parties to the proceedings, of the 1745 division's action. 1746 (b) Subsection (13)(a) does not prohibit the division from placing a child with a relative, 1747 pending the results of the background check described in Subsection (13)(a) on the 1748 relative. 1749 (14) If the juvenile court orders that a child be removed from the custody of the child's 1750 parent and does not award custody and guardianship to another parent, relative, or friend 1751 under this section, the juvenile court shall order that the child be placed in the temporary 1752 custody of the division, to proceed to adjudication and disposition and to be provided 1753 with care and services in accordance with this chapter, Chapter 2, Child Welfare Services, 1754 and Chapter 2a, Removal and Protective Custody of a Child. 1755 (15)(a) If a child reenters the temporary custody or the custody of the division and the 1756 child is not placed with an individual who is a parent, relative, or friend, the division 1757 shall: 1758 (i) notify the child's former foster parents; and 1759 (ii) upon a determination of the former foster parents' willingness and ability to safely 1760 and appropriately care for the child, give the former foster parents preference for 1761 placement of the child. 1762 (b) If, after the shelter hearing, the child is placed with an individual who is not a parent, 1763 a relative, a friend, or a former foster parent of the child, priority shall be given to a 1764 foster placement with a married couple, unless it is in the best interests of the child to 1765 place the child with a single foster parent. - 52 - 01-20 13:32 H.B. 283 1766 (16) In determining the placement of a child, the juvenile court and the division may not 1767 take into account, or discriminate against, the religion of an individual with whom the 1768 child may be placed, unless the purpose of taking religion into account is to place the 1769 child with an individual or family of the same religion as the child. 1770 (17) If the juvenile court's decision differs from a child's express wishes if the child is of 1771 sufficient maturity to articulate the wishes in relation to the child's placement, the 1772 juvenile court shall make findings explaining why the juvenile court's decision differs 1773 from the child's wishes. 1774 (18) This section does not guarantee that an identified relative or friend will receive custody 1775 of the child. 1776 (19)(a) If, for a relative placement, an interstate placement requested under the Interstate 1777 Compact on the Placement of Children has been initiated by the division or is ordered 1778 by or pending before the juvenile court, the court may not finalize a non-relative 1779 placement unless the court gives due weight to: 1780 (i) the preferential consideration granted to a relative in Section 80-3-302; 1781 (ii) the rebuttable presumption in Section 80-3-302; and 1782 (iii) the division's placement authority under Subsections [80-1-102(50)] 80-1-102(51) 1783 and 80-3-303(1). 1784 (b) Nothing in this section affects the ability of a foster parent to petition the juvenile 1785 court under Subsection 80-3-502(3). 1786 Section 14. Section 80-3-303 is amended to read: 1787 80-3-303 . Post-shelter hearing placement of a child in division's temporary 1788 custody. 1789 (1) If the juvenile court awards temporary custody of a child to the division under Section 1790 80-3-302, or as otherwise permitted by law, the division shall determine ongoing 1791 placement of the child. 1792 (2) In placing a child under Subsection (1), the division: 1793 (a) except as provided in Subsections (2)(b) and (e), shall comply with the applicable 1794 background check provisions described in Section 80-3-302; 1795 (b) is not required to receive approval from the juvenile court before making the 1796 placement; 1797 (c) shall consider the preferential consideration and rebuttable presumption described in 1798 Subsection 80-3-302(7)(a); 1799 (d) shall, within three days, excluding weekends and holidays, after the day on which the - 53 - H.B. 283 01-20 13:32 1800 placement is made, give written notice to the juvenile court, and the parties to the 1801 proceedings, that the placement has been made; 1802 (e) may place the child with a noncustodial parent, relative, or friend, using the same 1803 criteria established for an emergency placement under Section 80-2a-301, pending 1804 the results of: 1805 (i) the background check described in Subsection 80-3-302(13)(a); and 1806 (ii) evaluation with the noncustodial parent, relative, or friend to determine the 1807 individual's capacity to provide ongoing care to the child; and 1808 (f) shall take into consideration the will of the child, if the child is of sufficient maturity 1809 to articulate the child's wishes in relation to the child's placement. 1810 (3) If the division's placement decision differs from a child's express wishes and the child is 1811 of sufficient maturity to state the child's wishes in relation to the child's placement, the 1812 division shall: 1813 (a) make written findings explaining why the division's decision differs from the child's 1814 wishes; and 1815 (b) provide the written findings to the juvenile court and the child's attorney guardian ad 1816 litem. 1817 (4)(a) If, for a relative placement, an interstate placement requested under the Interstate 1818 Compact on the Placement of Children has been initiated by the division or is ordered 1819 by or pending before the juvenile court, the court may not finalize a non-relative 1820 placement unless the court gives due weight to: 1821 (i) the preferential consideration granted to a relative in Section 80-3-302; 1822 (ii) the rebuttable presumption in Section 80-3-302; and 1823 (iii) the division's placement authority under Subsections [80-1-102(50)] 80-1-102(51) 1824 and 80-3-303(1). 1825 (b) Nothing in this section affects the ability of a foster parent to petition the juvenile 1826 court under Subsection 80-3-502(3). 1827 Section 15. Section 80-3-405 is amended to read: 1828 80-3-405 . Dispositions after adjudication. 1829 (1) Upon adjudication under Subsection 80-3-402(1), the juvenile court may make the 1830 dispositions described in Subsection (2) at the dispositional hearing. 1831 (2)(a)(i) The juvenile court may vest custody of an abused, neglected, or dependent 1832 minor in the division or any other appropriate person, with or without 1833 court-specified child welfare services, in accordance with the requirements and - 54 - 01-20 13:32 H.B. 283 1834 procedures of this chapter. 1835 (ii) When placing a minor in the custody of the division or any other appropriate 1836 person, the juvenile court: 1837 (A) shall give primary consideration to the welfare of the minor; 1838 (B) shall give due consideration to the rights of the parent or parents concerning 1839 the minor; and 1840 (C) when practicable, may take into consideration the religious preferences of the 1841 minor and of the minor's parents or guardian. 1842 (b)(i) The juvenile court may appoint a guardian for the minor if it appears necessary 1843 in the interest of the minor. 1844 (ii) A guardian appointed under Subsection (2)(b)(i) may be a public or private 1845 institution or agency, but not a nonsecure residential placement provider, in which 1846 legal custody of the minor is vested. 1847 (iii) When placing a minor under the guardianship of an individual or of a private 1848 agency or institution, the juvenile court: 1849 (A) shall give primary consideration to the welfare of the minor; and 1850 (B) when practicable, may take into consideration the religious preferences of the 1851 minor and of the minor's parents or guardian. 1852 (c) The juvenile court may order: 1853 (i) protective supervision; 1854 (ii) family preservation; 1855 (iii) sibling visitation; or 1856 (iv) other services. 1857 (d)(i) If a minor has been placed with an individual or relative as a result of an 1858 adjudication under this chapter, the juvenile court may enter an order of 1859 permanent legal custody and guardianship with the individual or relative of the 1860 minor. 1861 (ii) If a juvenile court enters an order of permanent custody and guardianship with an 1862 individual or relative of a minor under Subsection (2)(d)(i), the juvenile court 1863 may, in accordance with Section 78A-6-356, enter an order for child support on 1864 behalf of the minor against the natural parents of the minor. 1865 (iii) An order under this Subsection (2)(d): 1866 (A) shall remain in effect until the minor is 18 years old; 1867 (B) is not subject to review under Section 78A-6-358; and - 55 - H.B. 283 01-20 13:32 1868 (C) may be modified by petition or motion as provided in Section 78A-6-357. 1869 (e) The juvenile court may order a child be committed to the physical custody, as 1870 defined in Section 26B-5-401, of a local mental health authority, in accordance with 1871 the procedures and requirements of Title 26B, Chapter 5, Part 4, Commitment of 1872 Persons Under Age 18. 1873 (f)(i) If the child has an intellectual disability, the juvenile court may make an order 1874 committing a minor to the Utah State Developmental Center in accordance with 1875 Title 26B, Chapter 6, Part 6, Admission to an Intermediate Care Facility for 1876 People with an Intellectual Disability. 1877 (ii) The juvenile court shall follow the procedure applicable in the district court with 1878 respect to judicial commitments to the Utah State Developmental Center when 1879 ordering a commitment under Subsection (2)(f)(i). 1880 (g)(i) Subject to Subsection [80-1-102(58)(b)] 80-1-102(59)(b) and Section 80-3-304, 1881 the juvenile court may order that a minor: 1882 (A) be examined or treated by a mental health therapist, as described in Section 1883 80-3-109; or 1884 (B) receive other special care. 1885 (ii) For purposes of receiving the examination, treatment, or care described in 1886 Subsection (2)(g)(i), the juvenile court may place the minor in a hospital or other 1887 suitable facility that is not secure care or secure detention. 1888 (iii) In determining whether to order the examination, treatment, or care described in 1889 Subsection (2)(g)(i), the juvenile court shall consider: 1890 (A) the desires of the minor; 1891 (B) the desires of the parent or guardian of the minor if the minor is younger than 1892 18 years old; and 1893 (C) whether the potential benefits of the examination, treatment, or care outweigh 1894 the potential risks and side-effects, including behavioral disturbances, suicidal 1895 ideation, brain function impairment, or emotional or physical harm resulting 1896 from the compulsory nature of the examination, treatment, or care. 1897 (h) The juvenile court may make other reasonable orders for the best interest of the 1898 minor. 1899 (3)(a) At the dispositional hearing described in Subsection 80-3-402(3), if a child 1900 remains in an out-of-home placement, the juvenile court shall: 1901 (i) make specific findings regarding the conditions of parent-time that are in the - 56 - 01-20 13:32 H.B. 283 1902 child's best interest; and 1903 (ii) if parent-time is denied, state the facts that justify the denial. 1904 (b) Parent-time shall be under the least restrictive conditions necessary to: 1905 (i) protect the physical safety of the child; or 1906 (ii) prevent the child from being traumatized by contact with the parent due to the 1907 child's fear of the parent in light of the nature of the alleged abuse or neglect. 1908 (c)(i) The division or the person designated by the division or a court to supervise a 1909 parent-time session may deny parent-time for the session if the division or the 1910 supervising person determines that, based on the parent's condition, it is necessary 1911 to deny parent-time to: 1912 (A) protect the physical safety of the child; 1913 (B) protect the life of the child; or 1914 (C) consistent with Subsection (3)(c)(ii), prevent the child from being traumatized 1915 by contact with the parent. 1916 (ii) In determining whether the condition of the parent described in Subsection 1917 (3)(c)(i) will traumatize a child, the division or the person supervising the 1918 parent-time session shall consider the impact that the parent's condition will have 1919 on the child in light of: 1920 (A) the child's fear of the parent; and 1921 (B) the nature of the alleged abuse or neglect. 1922 (4) Upon an adjudication under this chapter, the juvenile court may not: 1923 (a) commit a minor solely on the ground of abuse, neglect, or dependency to the 1924 Division of Juvenile Justice and Youth Services; 1925 (b) assume the function of developing foster home services; or 1926 (c) vest legal custody of an abused, neglected, or dependent minor in the division to 1927 primarily address the minor's ungovernable or other behavior, mental health, or 1928 disability, unless the division: 1929 (i) engages other relevant divisions within the department that are conducting an 1930 assessment of the minor and the minor's family's needs; 1931 (ii) based on the assessment described in Subsection (4)(c)(i), determines that vesting 1932 custody of the minor in the division is the least restrictive intervention for the 1933 minor that meets the minor's needs; and 1934 (iii) consents to legal custody of the minor being vested in the division. 1935 (5) The juvenile court may combine the dispositions listed in Subsection (2) if combining - 57 - H.B. 283 01-20 13:32 1936 the dispositions is permissible and the dispositions are compatible. 1937 (6)(a) If, for a relative placement, an interstate placement requested under the Interstate 1938 Compact on the Placement of Children has been initiated by the division or is ordered 1939 by or pending before the juvenile court, the court may not finalize a non-relative 1940 placement unless the court gives due weight to: 1941 (i) the preferential consideration granted to a relative in Section 80-3-302; 1942 (ii) the rebuttable presumption in Section 80-3-302; and 1943 (iii) the division's placement authority under Subsections [80-1-102(50)] 80-1-102(51) 1944 and 80-3-303(1). 1945 (b) Nothing in this section affects the ability of a foster parent to petition the juvenile 1946 court under Subsection 80-3-502(3). 1947 Section 16. Section 80-3-406 is amended to read: 1948 80-3-406 . Permanency plan -- Reunification services. 1949 (1) If the juvenile court orders continued removal at the dispositional hearing under Section 1950 80-3-402, and that the minor remain in the custody of the division, the juvenile court 1951 shall first: 1952 (a) establish a primary permanency plan and a concurrent permanency plan for the minor 1953 in accordance with this section; and 1954 (b) determine whether, in view of the primary permanency plan, reunification services 1955 are appropriate for the minor and the minor's family under Subsections (5) through (8). 1956 (2)(a) The concurrent permanency plan shall include: 1957 (i) a representative list of the conditions under which the primary permanency plan 1958 will be abandoned in favor of the concurrent permanency plan; and 1959 (ii) an explanation of the effect of abandoning or modifying the primary permanency 1960 plan. 1961 (b) In determining the primary permanency plan and concurrent permanency plan, the 1962 juvenile court shall consider: 1963 (i) the preference for kinship placement over nonkinship placement, including the 1964 rebuttable presumption described in Subsection 80-3-302(7)(a); 1965 (ii) the potential for a guardianship placement if parental rights are terminated and no 1966 appropriate adoption placement is available; and 1967 (iii) the use of an individualized permanency plan, only as a last resort. 1968 (3)(a) The juvenile court may amend a minor's primary permanency plan before the 1969 establishment of a final permanency plan under Section 80-3-409. - 58 - 01-20 13:32 H.B. 283 1970 (b) The juvenile court is not limited to the terms of the concurrent permanency plan in 1971 the event that the primary permanency plan is abandoned. 1972 (c) If, at any time, the juvenile court determines that reunification is no longer a minor's 1973 primary permanency plan, the juvenile court shall conduct a permanency hearing in 1974 accordance with Section 80-3-409 on or before the earlier of: 1975 (i) 30 days after the day on which the juvenile court makes the determination 1976 described in this Subsection (3)(c); or 1977 (ii) the day on which the provision of reunification services, described in Section 1978 80-3-409, ends. 1979 (4)(a) Because of the state's interest in and responsibility to protect and provide 1980 permanency for minors who are abused, neglected, or dependent, the Legislature 1981 finds that a parent's interest in receiving reunification services is limited. 1982 (b) The juvenile court may determine that: 1983 (i) efforts to reunify a minor with the minor's family are not reasonable or 1984 appropriate, based on the individual circumstances; and 1985 (ii) reunification services should not be provided. 1986 (c) In determining reasonable efforts to be made with respect to a minor, and in making 1987 reasonable efforts, the juvenile court and the division shall consider the minor's 1988 health, safety, and welfare as the paramount concern. 1989 (d) Subject to Subsection (4)(e), the juvenile court may not determine that reunification 1990 services should not be provided solely on the basis of a parent's agreement or 1991 disagreement with the minor's: 1992 (i) assertion that the minor's gender identity is different from the minor's biological 1993 sex; 1994 (ii) practice of having or expressing a different gender identity than the child's 1995 biological sex; or 1996 (iii) sexual orientation. 1997 (e) Subsection (4)(d) does not preclude the juvenile court from determining that 1998 reunification services should not be provided if the parent's agreement or 1999 disagreement with a minor as described in Subsection (4)(d) results in or is related to 2000 harm, as that term is defined in Section 80-1-102, to the minor. 2001 (5) There is a presumption that reunification services should not be provided to a parent if 2002 the juvenile court finds, by clear and convincing evidence, that any of the following 2003 circumstances exist: - 59 - H.B. 283 01-20 13:32 2004 (a) the whereabouts of the parents are unknown, based on a verified affidavit indicating 2005 that a reasonably diligent search has failed to locate the parent; 2006 (b) subject to Subsection (6)(a), the parent is suffering from a mental illness of such 2007 magnitude that the mental illness renders the parent incapable of utilizing 2008 reunification services; 2009 (c) the minor was previously adjudicated as an abused child due to physical abuse, 2010 sexual abuse, or sexual exploitation, and following the adjudication the child: 2011 (i) was removed from the custody of the minor's parent; 2012 (ii) was subsequently returned to the custody of the parent; and 2013 (iii) is being removed due to additional physical abuse, sexual abuse, or sexual 2014 exploitation; 2015 (d) the parent: 2016 (i) caused the death of another minor through abuse or neglect; 2017 (ii) committed, aided, abetted, attempted, conspired, or solicited to commit: 2018 (A) murder or manslaughter of a minor; or 2019 (B) child abuse homicide; 2020 (iii) committed sexual abuse against the minor; 2021 (iv) is a registered sex offender or required to register as a sex offender; or 2022 (v)(A) intentionally, knowingly, or recklessly causes the death of another parent 2023 of the minor; 2024 (B) is identified by a law enforcement agency as the primary suspect in an 2025 investigation for intentionally, knowingly, or recklessly causing the death of 2026 another parent of the minor; or 2027 (C) is being prosecuted for or has been convicted of intentionally, knowingly, or 2028 recklessly causing the death of another parent of the minor; 2029 (e) the minor suffered severe abuse by the parent or by any individual known by the 2030 parent if the parent knew or reasonably should have known that the individual was 2031 abusing the minor; 2032 (f) the minor is adjudicated as an abused minor as a result of severe abuse by the parent, 2033 and the juvenile court finds that it would not benefit the minor to pursue reunification 2034 services with the offending parent; 2035 (g) the parent's rights are terminated with regard to any other minor; 2036 (h) the minor was removed from the minor's home on at least two previous occasions 2037 and reunification services were offered or provided to the family at those times; - 60 - 01-20 13:32 H.B. 283 2038 (i) the parent has abandoned the minor for a period of six months or longer; 2039 (j) the parent permitted the minor to reside, on a permanent or temporary basis, at a 2040 location where the parent knew or should have known that a clandestine laboratory 2041 operation was located; 2042 (k) except as provided in Subsection (6)(b), with respect to a parent who is the minor's 2043 birth mother, the minor has fetal alcohol syndrome, fetal alcohol spectrum disorder, 2044 or was exposed to an illegal or prescription drug that was abused by the minor's 2045 mother while the minor was in utero, if the minor was taken into division custody for 2046 that reason, unless the mother agrees to enroll in, is currently enrolled in, or has 2047 recently and successfully completed a substance use disorder treatment program 2048 approved by the department; or 2049 (l) subject to Subsection (4)(d), any other circumstance that the juvenile court 2050 determines should preclude reunification efforts or services. 2051 (6)(a) The juvenile court shall base the finding under Subsection (5)(b) on competent 2052 evidence from at least two medical or mental health professionals, who are not 2053 associates, establishing that, even with the provision of services, the parent is not 2054 likely to be capable of adequately caring for the minor within 12 months after the day 2055 on which the juvenile court finding is made. 2056 (b) The juvenile court may disregard the provisions of Subsection (5)(k) if the juvenile 2057 court finds, under the circumstances of the case, that the substance use disorder 2058 treatment described in Subsection (5)(k) is not warranted. 2059 (7) In determining whether reunification services are appropriate, the juvenile court shall 2060 take into consideration: 2061 (a) failure of the parent to respond to previous services or comply with a previous child 2062 and family plan; 2063 (b) the fact that the minor was abused while the parent was under the influence of drugs 2064 or alcohol; 2065 (c) any history of violent behavior directed at the minor or an immediate family member; 2066 (d) whether a parent continues to live with an individual who abused the minor; 2067 (e) any patterns of the parent's behavior that have exposed the minor to repeated abuse; 2068 (f) testimony by a competent professional that the parent's behavior is unlikely to be 2069 successful; and 2070 (g) whether the parent has expressed an interest in reunification with the minor. 2071 (8) If, under Subsections (5)(b) through (l), the juvenile court does not order reunification - 61 - H.B. 283 01-20 13:32 2072 services, a permanency hearing shall be conducted within 30 days in accordance with 2073 Section 80-3-409. 2074 (9)(a) Subject to Subsections (9)(b) through (e), if the juvenile court determines that 2075 reunification services are appropriate for the minor and the minor's family, the 2076 juvenile court shall provide for reasonable parent-time with the parent or parents 2077 from whose custody the minor was removed, unless parent-time is not in the best 2078 interest of the minor. 2079 (b) Parent-time is in the best interests of a minor unless the juvenile court makes a 2080 finding that it is necessary to deny parent-time in order to: 2081 (i) protect the physical safety of the minor; 2082 (ii) protect the life of the minor; or 2083 (iii) prevent the minor from being traumatized by contact with the parent due to the 2084 minor's fear of the parent in light of the nature of the alleged abuse or neglect. 2085 (c) Notwithstanding Subsection (9)(a), a juvenile court may not deny parent-time based 2086 solely on a parent's failure to: 2087 (i) prove that the parent has not used legal or illegal substances; or 2088 (ii) comply with an aspect of the child and family plan that is ordered by the juvenile 2089 court. 2090 (d) Parent-time shall be under the least restrictive conditions necessary to: 2091 (i) protect the physical safety of the child; or 2092 (ii) prevent the child from being traumatized by contact with the parent due to the 2093 minor's fear of the parent in light of the nature of the alleged abuse or neglect. 2094 (e)(i) The division or the person designated by the division or a court to supervise a 2095 parent-time session may deny parent-time for the session if the division or the 2096 supervising person determines that, based on the parent's condition, it is necessary 2097 to deny parent-time to: 2098 (A) protect the physical safety of the child; 2099 (B) protect the life of the child; or 2100 (C) consistent with Subsection (9)(e)(ii), prevent the child from being traumatized 2101 by contact with the parent. 2102 (ii) In determining whether the condition of the parent described in Subsection 2103 (9)(e)(i) will traumatize a child, the division or the person supervising the 2104 parent-time session shall consider the impact that the parent's condition will have 2105 on the child in light of: - 62 - 01-20 13:32 H.B. 283 2106 (A) the child's fear of the parent; and 2107 (B) the nature of the alleged abuse or neglect. 2108 (10)(a) If the juvenile court determines that reunification services are appropriate, the 2109 juvenile court shall order that the division make reasonable efforts to provide services 2110 to the minor and the minor's parent for the purpose of facilitating reunification of the 2111 family, for a specified period of time. 2112 (b) In providing the services described in Subsection (10)(a), the juvenile court and the 2113 division shall consider the minor's health, safety, and welfare as the paramount 2114 concern. 2115 (11) In cases where sexual abuse, sexual exploitation, abandonment, severe abuse, or severe 2116 neglect are involved: 2117 (a) the juvenile court does not have any duty to order reunification services; and 2118 (b) the division does not have a duty to make reasonable efforts to or in any other way 2119 attempt to provide reunification services or attempt to rehabilitate the offending 2120 parent or parents. 2121 (12)(a) The juvenile court shall: 2122 (i) determine whether the services offered or provided by the division under the child 2123 and family plan constitute reasonable efforts on the part of the division; 2124 (ii) determine and define the responsibilities of the parent under the child and family 2125 plan in accordance with Subsection 80-3-307(5)(g)(iii); and 2126 (iii) identify verbally on the record, or in a written document provided to the parties, 2127 the responsibilities described in Subsection (12)(a)(ii), for the purpose of assisting 2128 in any future determination regarding the provision of reasonable efforts, in 2129 accordance with state and federal law. 2130 (b) If the parent is in a substance use disorder treatment program, other than a certified 2131 drug court program, the juvenile court may order the parent: 2132 (i) to submit to supplementary drug or alcohol testing, in accordance with Subsection 2133 80-3-110(6), in addition to the testing recommended by the parent's substance use 2134 disorder program based on a finding of reasonable suspicion that the parent is 2135 abusing drugs or alcohol; and 2136 (ii) to provide the results of drug or alcohol testing recommended by the substance 2137 use disorder program to the juvenile court or division. 2138 (13)(a) The time period for reunification services may not exceed 12 months from the 2139 day on which the minor was initially removed from the minor's home, unless the time - 63 - H.B. 283 01-20 13:32 2140 period is extended under Subsection 80-3-409(7). 2141 (b) This section does not entitle any parent to an entire 12 months of reunification 2142 services. 2143 (14)(a) If reunification services are ordered, the juvenile court may terminate those 2144 services at any time. 2145 (b) If, at any time, continuation of reasonable efforts to reunify a minor is determined to 2146 be inconsistent with the final permanency plan for the minor established under 2147 Section 80-3-409, then measures shall be taken, in a timely manner, to: 2148 (i) place the minor in accordance with the final permanency plan; and 2149 (ii) complete whatever steps are necessary to finalize the permanent placement of the 2150 minor. 2151 (15) Any physical custody of the minor by the parent or a relative during the period 2152 described in Subsections (10) through (14) does not interrupt the running of the period. 2153 (16)(a) If reunification services are ordered, the juvenile court shall conduct a 2154 permanency hearing in accordance with Section 80-3-409 before the day on which 2155 the time period for reunification services expires. 2156 (b) The permanency hearing shall be held no later than 12 months after the original 2157 removal of the minor. 2158 (c) If reunification services are not ordered, a permanency hearing shall be conducted 2159 within 30 days in accordance with Section 80-3-409. 2160 (17) With regard to a minor in the custody of the division whose parent or parents are 2161 ordered to receive reunification services but who have abandoned that minor for a period 2162 of six months from the day on which reunification services are ordered: 2163 (a) the juvenile court shall terminate reunification services; and 2164 (b) the division shall petition the juvenile court for termination of parental rights. 2165 (18) When a minor is under the custody of the division and has been separated from a 2166 sibling due to foster care or adoptive placement, a juvenile court may order sibling 2167 visitation, subject to the division obtaining consent from the sibling's guardian, 2168 according to the juvenile court's determination of the best interests of the minor for 2169 whom the hearing is held. 2170 (19)(a) If reunification services are not ordered under this section, and the whereabouts 2171 of a parent becomes known within six months after the day on which the out-of-home 2172 placement of the minor is made, the juvenile court may order the division to provide 2173 reunification services. - 64 - 01-20 13:32 H.B. 283 2174 (b) The time limits described in this section are not tolled by the parent's absence. 2175 (20)(a) If a parent is incarcerated or institutionalized, the juvenile court shall order 2176 reasonable services unless the juvenile court determines that those services would be 2177 detrimental to the minor. 2178 (b) In making the determination described in Subsection (20)(a), the juvenile court shall 2179 consider: 2180 (i) the age of the minor; 2181 (ii) the degree of parent-child bonding; 2182 (iii) the length of the sentence; 2183 (iv) the nature of the treatment; 2184 (v) the nature of the crime or illness; 2185 (vi) the degree of detriment to the minor if services are not offered; 2186 (vii) for a minor who is 10 years old or older, the minor's attitude toward the 2187 implementation of family reunification services; and 2188 (viii) any other appropriate factors. 2189 (c) Reunification services for an incarcerated parent are subject to the time limitations 2190 imposed in this section. 2191 (d) Reunification services for an institutionalized parent are subject to the time 2192 limitations imposed in this section, unless the juvenile court determines that 2193 continued reunification services would be in the minor's best interest. 2194 Section 17. Section 80-3-407 is amended to read: 2195 80-3-407 . Six-month review hearing -- Findings regarding reasonable efforts by 2196 division -- Findings regarding child and family plan compliance. 2197 (1) If reunification efforts have been ordered by the juvenile court under Section 80-3-406, 2198 the juvenile court shall hold a hearing no more than six months after the day on which 2199 the minor is initially removed from the minor's home, in order for the juvenile court to 2200 determine whether: 2201 (a) the division has provided and is providing reasonable efforts to reunify the family in 2202 accordance with the child and family plan; 2203 (b) the parent has fulfilled or is fulfilling identified duties and responsibilities in order to 2204 comply with the requirements of the child and family plan; and 2205 (c) the division considered the preferential consideration and rebuttable presumption 2206 described in Subsections 80-3-302(7)(a) and 80-3-303(2)(c). 2207 (2)(a) At the hearing described in Subsection (1), if a child remains in an out-of-home - 65 - H.B. 283 01-20 13:32 2208 placement, the juvenile court shall: 2209 (i) make specific findings regarding the conditions of parent-time that are in the 2210 child's best interest; and 2211 (ii) if parent-time is denied, state the facts that justify the denial. 2212 (b) Parent-time shall be under the least restrictive conditions necessary to: 2213 (i) protect the physical safety of the child; or 2214 (ii) prevent the child from being traumatized by contact with the parent due to the 2215 child's fear of the parent in light of the nature of the alleged abuse or neglect. 2216 (c)(i) The division or the person designated by the division or a court to supervise a 2217 parent-time session may deny parent-time for the session if the division or the 2218 supervising person determines that, based on the parent's condition, it is necessary 2219 to deny parent-time to: 2220 (A) protect the physical safety of the child; 2221 (B) protect the life of the child; or 2222 (C) consistent with Subsection (2)(c)(ii), prevent the child from being traumatized 2223 by contact with the parent. 2224 (ii) In determining whether the condition of the parent described in Subsection 2225 (2)(c)(i) will traumatize a child, the division or the person supervising the 2226 parent-time session shall consider the impact that the parent's condition will have 2227 on the child in light of: 2228 (A) the child's fear of the parent; and 2229 (B) the nature of the alleged abuse or neglect. 2230 (3)(a) If, for a relative placement, an interstate placement requested under the Interstate 2231 Compact on the Placement of Children has been initiated by the division or is ordered 2232 by or pending before the juvenile court, the court may not finalize a non-relative 2233 placement unless the court gives due weight to: 2234 (i) the preferential consideration granted to a relative in Section 80-3-302; 2235 (ii) the rebuttable presumption in Section 80-3-302; and 2236 (iii) the division's placement authority under Subsections [80-1-102(50)] 80-1-102(51) 2237 and 80-3-303(1). 2238 (b) Nothing in this section affects the ability of a foster parent to petition the juvenile 2239 court under Subsection 80-3-502(3). 2240 Section 18. Section 80-3-409 is amended to read: 2241 80-3-409 . Permanency hearing -- Final plan -- Petition for termination of - 66 - 01-20 13:32 H.B. 283 2242 parental rights filed -- Hearing on termination of parental rights. 2243 (1)(a) If reunification services are ordered under Section 80-3-406, with regard to a 2244 minor who is in the custody of the division, the juvenile court shall hold a 2245 permanency hearing no later than 12 months after the day on which the minor is 2246 initially removed from the minor's home. 2247 (b) If reunification services are not ordered at the dispositional hearing, the juvenile 2248 court shall hold a permanency hearing within 30 days after the day on which the 2249 dispositional hearing ends. 2250 (2)(a) If reunification services are ordered in accordance with Section 80-3-406, the 2251 juvenile court shall, at the permanency hearing, determine, consistent with 2252 Subsection (3), whether the minor may safely be returned to the custody of the 2253 minor's parent. 2254 (b) If the juvenile court finds, by a preponderance of the evidence, that return of the 2255 minor to the minor's parent would create a substantial risk of detriment to the minor's 2256 physical or emotional well-being, the minor may not be returned to the custody of the 2257 minor's parent. 2258 (c) Prima facie evidence that return of the minor to a parent or guardian would create a 2259 substantial risk of detriment to the minor is established if: 2260 (i) the parent or guardian fails to: 2261 (A) participate in a court approved child and family plan; 2262 (B) comply with a court approved child and family plan in whole or in part; or 2263 (C) meet the goals of a court approved child and family plan; or 2264 (ii) the minor's natural parent: 2265 (A) intentionally, knowingly, or recklessly causes the death of another parent of 2266 the minor; 2267 (B) is identified by a law enforcement agency as the primary suspect in an 2268 investigation for intentionally, knowingly, or recklessly causing the death of 2269 another parent of the minor; or 2270 (C) is being prosecuted for or has been convicted of intentionally, knowingly, or 2271 recklessly causing the death of another parent of the minor. 2272 (3) In making a determination under Subsection (2)(a), the juvenile court shall: 2273 (a) review and consider: 2274 (i) the report prepared by the division; 2275 (ii) in accordance with the Utah Rules of Evidence, any admissible evidence offered - 67 - H.B. 283 01-20 13:32 2276 by the minor's attorney guardian ad litem; 2277 (iii) any report submitted by the division under Subsection 80-3-408(3)(a)(i); 2278 (iv) any evidence regarding the efforts or progress demonstrated by the parent; and 2279 (v) the extent to which the parent cooperated and used the services provided; and 2280 (b) attempt to keep the minor's sibling group together if keeping the sibling group 2281 together is: 2282 (i) practicable; and 2283 (ii) in accordance with the best interest of the minor. 2284 (4) With regard to a case where reunification services are ordered by the juvenile court, if a 2285 minor is not returned to the minor's parent or guardian at the permanency hearing, the 2286 juvenile court shall, unless the time for the provision of reunification services is 2287 extended under Subsection (7): 2288 (a) order termination of reunification services to the parent; 2289 (b) make a final determination regarding whether termination of parental rights, 2290 adoption, or permanent custody and guardianship is the most appropriate final plan 2291 for the minor, taking into account the minor's primary permanency plan established 2292 by the juvenile court under Section 80-3-406; and 2293 (c) in accordance with Subsection 80-3-406(2), establish a concurrent permanency plan 2294 that identifies the second most appropriate final plan for the minor, if appropriate. 2295 (5) The juvenile court may order another planned permanent living arrangement other than 2296 reunification for a minor who is 16 years old or older upon entering the following 2297 findings: 2298 (a) the division has documented intensive, ongoing, and unsuccessful efforts to reunify 2299 the minor with the minor's parent or parents, or to secure a placement for the minor 2300 with a guardian, an adoptive parent, or an individual described in Subsection 80-3-301 2301 (6)(e); 2302 (b) the division has demonstrated that the division has made efforts to normalize the life 2303 of the minor while in the division's custody, in accordance with Section 80-2-308; 2304 (c) the minor prefers another planned permanent living arrangement; and 2305 (d) there is a compelling reason why reunification or a placement described in 2306 Subsection (5)(a) is not in the minor's best interest. 2307 (6) Except as provided in Subsection (7), the juvenile court may not extend reunification 2308 services beyond 12 months after the day on which the minor is initially removed from 2309 the minor's home, in accordance with the provisions of Section 80-3-406. - 68 - 01-20 13:32 H.B. 283 2310 (7)(a) Subject to Subsection (7)(b), the juvenile court may extend reunification services 2311 for no more than 90 days if the juvenile court finds, by a preponderance of the 2312 evidence, that: 2313 (i) there has been substantial compliance with the child and family plan; 2314 (ii) reunification is probable within that 90-day period; and 2315 (iii) the extension is in the best interest of the minor. 2316 (b)(i) Except as provided in Subsection (7)(c), the juvenile court may not extend any 2317 reunification services beyond 15 months after the day on which the minor is 2318 initially removed from the minor's home. 2319 (ii) Delay or failure of a parent to establish paternity or seek custody does not provide 2320 a basis for the juvenile court to extend services for the parent beyond the 2321 12-month period described in Subsection (6). 2322 (c) In accordance with Subsection (7)(d), the juvenile court may extend reunification 2323 services for one additional 90-day period, beyond the 90-day period described in 2324 Subsection (7)(a), if: 2325 (i) the juvenile court finds, by clear and convincing evidence, that: 2326 (A) the parent has substantially complied with the child and family plan; 2327 (B) it is likely that reunification will occur within the additional 90-day period; and 2328 (C) the extension is in the best interest of the minor; 2329 (ii) the juvenile court specifies the facts upon which the findings described in 2330 Subsection (7)(c)(i) are based; and 2331 (iii) the juvenile court specifies the time period in which it is likely that reunification 2332 will occur. 2333 (d) A juvenile court may not extend the time period for reunification services without 2334 complying with the requirements of this Subsection (7) before the extension. 2335 (e) In determining whether to extend reunification services for a minor, a juvenile court 2336 shall take into consideration the status of the minor siblings of the minor. 2337 (8)(a) At the permanency hearing, if a child remains in an out-of-home placement, the 2338 juvenile court shall: 2339 (i) make specific findings regarding the conditions of parent-time that are in the 2340 child's best interest; and 2341 (ii) if parent-time is denied, state the facts that justify the denial. 2342 (b) Parent-time shall be under the least restrictive conditions necessary to: 2343 (i) protect the physical safety of the child; or - 69 - H.B. 283 01-20 13:32 2344 (ii) prevent the child from being traumatized by contact with the parent due to the 2345 child's fear of the parent in light of the nature of the alleged abuse or neglect. 2346 (c)(i) The division or the person designated by the division or a court to supervise a 2347 parent-time session may deny parent-time for the session if the division or the 2348 supervising person determines that, based on the parent's condition, it is necessary 2349 to deny parent-time to: 2350 (A) protect the physical safety of the child; 2351 (B) protect the life of the child; or 2352 (C) consistent with Subsection (8)(c)(ii), prevent the child from being traumatized 2353 by contact with the parent. 2354 (ii) In determining whether the condition of the parent described in Subsection 2355 (8)(c)(i) will traumatize a child, the division or the person supervising the 2356 parent-time session shall consider the impact that the parent's condition will have 2357 on the child in light of: 2358 (A) the child's fear of the parent; and 2359 (B) the nature of the alleged abuse or neglect. 2360 (9) The juvenile court may, in the juvenile court's discretion: 2361 (a) enter any additional order that the juvenile court determines to be in the best interest 2362 of the minor, so long as that order does not conflict with the requirements and 2363 provisions of Subsections (4) through (8); or 2364 (b) order the division to provide protective supervision or other services to a minor and 2365 the minor's family after the division's custody of a minor is terminated. 2366 (10)(a) If the final plan for the minor is to proceed toward termination of parental rights, 2367 the petition for termination of parental rights shall be filed, and a pretrial held, within 2368 45 calendar days after the day on which the permanency hearing is held. 2369 (b) If the division opposes the plan to terminate parental rights, the juvenile court may 2370 not require the division to file a petition for the termination of parental rights, except 2371 as required under Subsection 80-4-203(2). 2372 (11)(a) Any party to an action may, at any time, petition the juvenile court for an 2373 expedited permanency hearing on the basis that continuation of reunification efforts 2374 are inconsistent with the permanency needs of the minor. 2375 (b) If the juvenile court so determines, the juvenile court shall order, in accordance with 2376 federal law, that: 2377 (i) the minor be placed in accordance with the permanency plan; and - 70 - 01-20 13:32 H.B. 283 2378 (ii) whatever steps are necessary to finalize the permanent placement of the minor be 2379 completed as quickly as possible. 2380 (12) Nothing in this section may be construed to: 2381 (a) entitle any parent to reunification services for any specified period of time; 2382 (b) limit a juvenile court's ability to terminate reunification services at any time before a 2383 permanency hearing; or 2384 (c) limit or prohibit the filing of a petition for termination of parental rights by any party, 2385 or a hearing on termination of parental rights, at any time before a permanency 2386 hearing provided that relative placement and custody options have been fairly 2387 considered in accordance with Sections 80-2a-201 and 80-4-104. 2388 (13)(a) Subject to Subsection (13)(b), if a petition for termination of parental rights is 2389 filed before the date scheduled for a permanency hearing, the juvenile court may 2390 consolidate the hearing on termination of parental rights with the permanency hearing. 2391 (b) For purposes of Subsection (13)(a), if the juvenile court consolidates the hearing on 2392 termination of parental rights with the permanency hearing: 2393 (i) the juvenile court shall first make a finding regarding whether reasonable efforts 2394 have been made by the division to finalize the permanency plan for the minor; and 2395 (ii) any reunification services shall be terminated in accordance with the time lines 2396 described in Section 80-3-406. 2397 (c) The juvenile court shall make a decision on a petition for termination of parental 2398 rights within 18 months after the day on which the minor is initially removed from 2399 the minor's home. 2400 (14)(a) If a juvenile court determines that a minor will not be returned to a parent of the 2401 minor, the juvenile court shall consider appropriate placement options inside and 2402 outside of the state. 2403 (b) In considering appropriate placement options under Subsection (14)(a), the juvenile 2404 court shall provide preferential consideration to a relative's request for placement of 2405 the minor. 2406 (15)(a) In accordance with Section 80-3-108, if a minor 14 years old or older desires an 2407 opportunity to address the juvenile court or testify regarding permanency or 2408 placement, the juvenile court shall give the minor's wishes added weight, but may not 2409 treat the minor's wishes as the single controlling factor under this section. 2410 (b) If the juvenile court's decision under this section differs from a minor's express 2411 wishes if the minor is of sufficient maturity to articulate the wishes in relation to - 71 - H.B. 283 01-20 13:32 2412 permanency or the minor's placement, the juvenile court shall make findings 2413 explaining why the juvenile court's decision differs from the minor's wishes. 2414 (16)(a) If, for a relative placement, an interstate placement requested under the Interstate 2415 Compact on the Placement of Children has been initiated by the division or is ordered 2416 by or pending before the juvenile court, the court may not finalize a non-relative 2417 placement unless the court gives due weight to: 2418 (i) the preferential consideration granted to a relative in Section 80-3-302; 2419 (ii) the rebuttable presumption in Section 80-3-302; and 2420 (iii) the division's placement authority under Subsections [80-1-102(50)] 80-1-102(51) 2421 and 80-3-303(1). 2422 (b) Nothing in this section affects the ability of a foster parent to petition the juvenile 2423 court under Subsection 80-3-502(3). 2424 Section 19. Section 81-9-101 is amended to read: 2425 81-9-101 . Definitions for chapter. 2426 As used in this chapter: 2427 (1) "Abuse" means the same as that term is defined in Section 80-1-102. 2428 (2)(a) "Custodial responsibility" means all powers and duties relating to caretaking 2429 authority and decision-making authority for a minor child. 2430 (b) "Custodial responsibility" includes physical custody, legal custody, parenting time, 2431 right to access, parent-time, and authority to grant limited contact with a minor child. 2432 (3) "Domestic violence" means the same as that term is defined in Section 77-36-1. 2433 (4) "Gender identity" means the same as that term is defined in Section 34A-5-102. 2434 [(4)] (5) "Joint legal custody" means the sharing of the rights, privileges, duties, and powers 2435 of a parent by both parents, where specified. 2436 [(5)] (6) "Joint physical custody" means the minor child stays with each parent overnight for 2437 more than 30% of the year and both parents contribute to the expenses of the minor child 2438 in addition to paying child support. 2439 [(6)] (7)(a) "Parenting functions" means those aspects of the parent-child relationship in 2440 which the parent makes decisions and performs functions necessary for the care and 2441 growth of the minor child. 2442 (b) "Parenting functions" include: 2443 (i) maintaining a loving, stable, consistent, and nurturing relationship with the minor 2444 child; 2445 (ii) attending to the daily needs of the minor child, such as feeding, clothing, physical - 72 - 01-20 13:32 H.B. 283 2446 care, grooming, supervision, health care, day care, and engaging in other activities 2447 which are appropriate to the developmental level of the minor child and that are 2448 within the social and economic circumstances of the particular family; 2449 (iii) attending to adequate education for the minor child, including remedial or other 2450 education essential to the best interest of the minor child; 2451 (iv) assisting the minor child in developing and maintaining appropriate interpersonal 2452 relationships; 2453 (v) exercising appropriate judgment regarding the minor child's welfare, consistent 2454 with the minor child's developmental level and family social and economic 2455 circumstances; and 2456 (vi) providing for the financial support of the minor child. 2457 [(7)] (8)(a) "Parenting plan" means a plan for parenting a minor child. 2458 (b) "Parenting plan" includes the allocation of parenting functions that are incorporated 2459 in any final decree or decree of modification including an action for dissolution of 2460 marriage, annulment, legal separation, or paternity. 2461 [(8)] (9) "Protective order" means: 2462 (a) a civil protective order, as that term is defined in Section 78B-7-102; 2463 (b) an ex parte civil protective order, as that term is defined in Section 78B-7-102; or 2464 (c) a foreign protection order, as that term is defined in Section 78B-7-302. 2465 [(9)] (10) "Psychological maltreatment" means a repeated pattern or extreme incident of 2466 caretaker behavior that: 2467 (a) intentionally thwarts a minor child's basic psychological needs, including physical 2468 and psychological safety, cognitive stimulation, and respect; 2469 (b) conveys that a minor child is worthless, defective, or expendable; and 2470 (c) may terrorize a minor child. 2471 [(10)] (11) " Service member" means a member of a uniformed service. 2472 [(11)] (12) "Sexual abuse" means the same as that term is defined in Section 80-1-102. 2473 [(12)] (13) "Supervised parent-time" means parent-time that requires the noncustodial parent 2474 to be accompanied during parent-time by an individual approved by the court. 2475 [(13)] (14) "Surrogate care" means care by any individual other than the parent of the minor 2476 child. 2477 [(14)] (15) "Uniformed service" means: 2478 (a) active and reserve components of the United States Armed Forces; 2479 (b) the United States Merchant Marine; - 73 - H.B. 283 01-20 13:32 2480 (c) the commissioned corps of the United States Public Health Service; 2481 (d) the commissioned corps of the National Oceanic and Atmospheric Administration of 2482 the United States; or 2483 (e) the National Guard of a state. 2484 [(15)] (16) "Uninterrupted time" means parent-time exercised by one parent without 2485 interruption at any time by the presence of the other parent. 2486 [(16)] (17) "Virtual parent-time" means parent-time facilitated by tools such as telephone, 2487 email, instant messaging, video conferencing, and other wired or wireless technologies 2488 over the Internet or other communication media, to supplement in-person visits between 2489 a noncustodial parent and a minor child or between a minor child and the custodial 2490 parent when the minor child is staying with the noncustodial parent. 2491 Section 20. Section 81-9-204 is amended to read: 2492 81-9-204 . Custody and parent-time of a minor child -- Custody factors -- 2493 Preferences. 2494 (1) In a proceeding between parents in which the custody and parent-time of a minor child 2495 is at issue, the court shall consider the best interests of the minor child in determining 2496 any form of custody and parent-time. 2497 (2) The court shall determine whether an order for custody or parent-time is in the best 2498 interests of the minor child by a preponderance of the evidence. 2499 (3) In determining any form of custody and parent-time under Subsection (1), the court 2500 shall consider: 2501 (a) for each parent, and in accordance with Section 81-9-104, evidence of domestic 2502 violence, physical abuse, or sexual abuse involving the minor child, the parent, or a 2503 household member of the parent; 2504 (b) whether the parent has intentionally exposed the minor child to pornography or 2505 material harmful to minors, as "material" and "harmful to minors" are defined in 2506 Section 76-10-1201; and 2507 (c) whether custody and parent-time would endanger the minor child's health or physical 2508 or psychological safety. 2509 (4) In determining the form of custody and parent-time that is in the best interests of the 2510 minor child, the court may consider, among other factors the court finds relevant, the 2511 following for each parent: 2512 (a) evidence of psychological maltreatment; 2513 (b) the parent's demonstrated understanding of, responsiveness to, and ability to meet the - 74 - 01-20 13:32 H.B. 283 2514 developmental needs of the minor child, including the minor child's: 2515 (i) physical needs; 2516 (ii) emotional needs; 2517 (iii) educational needs; 2518 (iv) medical needs; and 2519 (v) any special needs; 2520 (c) the parent's capacity and willingness to function as a parent, including: 2521 (i) parenting skills; 2522 (ii) co-parenting skills, including: 2523 (A) ability to appropriately communicate with the other parent; 2524 (B) ability to encourage the sharing of love and affection; and 2525 (C) willingness to allow frequent and continuous contact between the minor child 2526 and the other parent, except that, if the court determines that the parent is 2527 acting to protect the minor child from domestic violence, neglect, or abuse, the 2528 parent's protective actions may be taken into consideration; and 2529 (iii) ability to provide personal care rather than surrogate care; 2530 (d) the past conduct and demonstrated moral character of the parent as described in 2531 Subsection (9); 2532 (e) the emotional stability of the parent; 2533 (f) the parent's inability to function as a parent because of drug abuse, excessive 2534 drinking, or other causes; 2535 (g) the parent's reason for having relinquished custody or parent-time in the past; 2536 (h) duration and depth of desire for custody or parent-time; 2537 (i) the parent's religious compatibility with the minor child; 2538 (j) the parent's financial responsibility; 2539 (k) the child's interaction and relationship with step-parents, extended family members 2540 of other individuals who may significantly affect the minor child's best interests; 2541 (l) who has been the primary caretaker of the minor child; 2542 (m) previous parenting arrangements in which the minor child has been happy and 2543 well-adjusted in the home, school, and community; 2544 (n) the relative benefit of keeping siblings together; 2545 (o) the stated wishes and concerns of the minor child, taking into consideration the 2546 minor child's cognitive ability and emotional maturity; 2547 (p) the relative strength of the minor child's bond with the parent, meaning the depth, - 75 - H.B. 283 01-20 13:32 2548 quality, and nature of the relationship between the parent and the minor child; and 2549 (q) any other factor the court finds relevant. 2550 (5)(a) A minor child may not be required by either party to testify unless the trier of fact 2551 determines that extenuating circumstances exist that would necessitate the testimony 2552 of the minor child be heard and there is no other reasonable method to present the 2553 minor child's testimony. 2554 (b)(i) The court may inquire and take into consideration the minor child's desires 2555 regarding future custody or parent-time schedules, but the expressed desires are 2556 not controlling and the court may determine the minor child's custody or 2557 parent-time otherwise. 2558 (ii) The desires of a minor child who is 14 years old or older shall be given added 2559 weight, but is not the single controlling factor. 2560 (c)(i) If an interview with a minor child is conducted by the court in accordance with 2561 Subsection (5)(b), the interview shall be conducted by the court in camera. 2562 (ii) The prior consent of the parties may be obtained but is not necessary if the court 2563 finds that an interview with a minor child is the only method to ascertain the 2564 minor child's desires regarding custody. 2565 (6)(a) Except as provided in Subsection (6)(b), a court may not discriminate against a 2566 parent due to a disability, as defined in Section 57-21-2, in awarding custody or 2567 determining whether a substantial change has occurred for the purpose of modifying 2568 an award of custody. 2569 (b) The court may not consider the disability of a parent as a factor in awarding custody 2570 or modifying an award of custody based on a determination of a substantial change in 2571 circumstances, unless the court makes specific findings that: 2572 (i) the disability significantly or substantially inhibits the parent's ability to provide 2573 for the physical and emotional needs of the minor child at issue; and 2574 (ii) the parent with a disability lacks sufficient human, monetary, or other resources 2575 available to supplement the parent's ability to provide for the physical and 2576 emotional needs of the minor child at issue. 2577 (c) Nothing in this section may be construed to apply to adoption proceedings under 2578 Title 78B, Chapter 6, Part 1, Utah Adoption Act. 2579 (7) This section does not establish: 2580 (a) a preference for either parent solely because of the gender of the parent; or 2581 (b) a preference for or against joint physical custody or sole physical custody, but allows - 76 - 01-20 13:32 H.B. 283 2582 the court and the family the widest discretion to choose a parenting plan that is in the 2583 best interest of the minor child. 2584 (8) When an issue before the court involves custodial responsibility in the event of a 2585 deployment of a parent who is a service member and the service member has not yet 2586 been notified of deployment, the court shall resolve the issue based on the standards in 2587 Sections 78B-20-306 through 78B-20-309. 2588 (9) In considering the past conduct and demonstrated moral standards of each party under 2589 Subsection (4)(d) or any other factor a court finds relevant, the court may not: 2590 (a)(i) consider or treat a parent's lawful possession or use of cannabis in a medicinal 2591 dosage form, a cannabis product in a medicinal dosage form, or a medical 2592 cannabis device, in accordance with Title 4, Chapter 41a, Cannabis Production 2593 Establishments and Pharmacies, Title 26B, Chapter 4, Part 2, Cannabinoid 2594 Research and Medical Cannabis, or Subsection 58-37-3.7(2) or (3) any differently 2595 than the court would consider or treat the lawful possession or use of any 2596 prescribed controlled substance; or 2597 (ii) discriminate against a parent because of the parent's status as a: 2598 (A) cannabis production establishment agent, as that term is defined in Section 2599 4-41a-102; 2600 (B) medical cannabis pharmacy agent, as that term is defined in Section 26B-4-201; 2601 (C) medical cannabis courier agent, as that term is defined in Section 26B-4-201; 2602 or 2603 (D) medical cannabis cardholder in accordance with Title 26B, Chapter 4, Part 2, 2604 Cannabinoid Research and Medical Cannabis; or 2605 (b) discriminate against a parent based upon the parent's agreement or disagreement with 2606 a minor child of the couple's: 2607 (i) assertion that the minor child's gender identity is different from the minor child's 2608 biological sex;[ or] 2609 (ii) practice of having or expressing a different gender identity than the minor child's 2610 biological sex[.] ; or 2611 (iii) sexual orientation. 2612 (10)(a) The court shall consider evidence of domestic violence if evidence of domestic 2613 violence is presented. 2614 (b) The court shall consider as primary, the safety and well-being of the minor child and 2615 the parent who experiences domestic violence. - 77 - H.B. 283 01-20 13:32 2616 (c) A court shall consider an order issued by a court in accordance with Title 78B, 2617 Chapter 7, Part 6, Cohabitant Abuse Protective Orders, as evidence of real harm or 2618 substantiated potential harm to the minor child. 2619 (d) If a parent relocates because of an act of domestic violence or family violence by the 2620 other parent, the court shall make specific findings and orders with regards to the 2621 application of Section 81-9-209. 2622 (11) Absent a showing by a preponderance of evidence of real harm or substantiated 2623 potential harm to the minor child: 2624 (a) it is in the best interest of the minor child to have frequent, meaningful, and 2625 continuing access to each parent following separation or divorce; 2626 (b) each parent is entitled to and responsible for frequent, meaningful, and continuing 2627 access with the parent's minor child consistent with the minor child's best interests; 2628 and 2629 (c) it is in the best interest of the minor child to have both parents actively involved in 2630 parenting the minor child. 2631 (12) Notwithstanding any other provision of this chapter, the court may not grant custody or 2632 parent-time of a minor child to a parent convicted of a sexual offense, as defined in 2633 Section 77-37-2, that resulted in the conception of the minor child unless: 2634 (a) the nonconvicted biological parent, or the legal guardian of the minor child, consents 2635 to custody or parent-time and the court determines it is in the best interest of the 2636 minor child to award custody or parent-time to the convicted parent; or 2637 (b) after the date of the conviction, the convicted parent and the nonconvicted parent 2638 cohabit and establish a mutual custodial environment for the minor child. 2639 (13) A denial of custody or parent-time under Subsection (12) does not: 2640 (a) terminate the parental rights of the parent denied parent-time or custody; or 2641 (b) affect the obligation of the convicted parent to financially support the minor child. 2642 Section 21. Effective Date. 2643 This bill takes effect on May 7, 2025. - 78 -

Enrolled Copy H.B. 283 1 Child and Family Services Amendments 2025 GENERAL SESSION STATE OF UTAH Chief Sponsor: Stephanie Gricius Senate Sponsor: Wayne A. Harper 2 3 LONG TITLE 4 General Description: 5 This bill addresses child and family services, such as child placement, custody, and records. 6 Highlighted Provisions: 7 This bill: 8 ▸ defines terms; 9 ▸ addresses bedroom sharing by foster children; 10 ▸ prohibits the Division of Child and Family Services (division) from: 11 ● withholding certain information from a child's parent, guardian, or custodian; 12 ● creating or changing division records in certain ways without written consent from the 13 child's parent, guardian, or custodian; 14 ● initiating certain medical treatment or care on behalf of a child in the division's 15 custody; and 16 ● placing a child with a foster parent or taking adverse action against a foster parent if 17 the foster parent expresses discomfort with caring for a child; 18 ▸ allows the division to share certain records concerning a child with an adoptive parent of 19 the child or an individual who has been awarded permanent custody and guardianship of 20 the child; 21 ▸ provides that a parent's approval or disapproval of a child's sexual orientation, in itself, 22 may not be the basis for: 23 ● removal of the child from the parent's custody; or 24 ● discrimination when a court is determining child custody as part of a divorce or other 25 family law proceeding; 26 ▸ provides that a juvenile court may not determine that reunification services should not be 27 provided based solely on a parent's agreement or disagreement with the child's sexual H.B. 283 Enrolled Copy 28 orientation or gender identity; and 29 ▸ makes technical and conforming changes. 30 Money Appropriated in this Bill: 31 None 32 Other Special Clauses: 33 None 34 Utah Code Sections Affected: 35 AMENDS: 36 26B-2-128, as last amended by Laws of Utah 2024, Chapter 240 37 53G-8-211, as last amended by Laws of Utah 2024, Chapters 240, 301 38 80-1-102, as last amended by Laws of Utah 2024, Chapter 256 39 80-2-102, as renumbered and amended by Laws of Utah 2022, Chapter 334 40 80-2-402, as last amended by Laws of Utah 2024, Chapter 506 41 80-2-1005, as last amended by Laws of Utah 2023, Chapter 330 42 80-2a-201, as last amended by Laws of Utah 2023, Chapter 320 43 80-2a-202, as last amended by Laws of Utah 2024, Chapter 281 44 80-3-111, as enacted by Laws of Utah 2023, Chapter 309 45 80-3-204, as last amended by Laws of Utah 2023, Chapter 330 46 80-3-301, as last amended by Laws of Utah 2023, Chapter 309 47 80-3-302, as last amended by Laws of Utah 2023, Chapters 309, 330 48 80-3-303, as last amended by Laws of Utah 2023, Chapter 309 49 80-3-405, as last amended by Laws of Utah 2023, Chapters 309, 320 and 330 50 80-3-406, as last amended by Laws of Utah 2023, Chapter 320 51 80-3-407, as last amended by Laws of Utah 2023, Chapters 309, 320 52 80-3-409, as last amended by Laws of Utah 2024, Chapter 240 53 81-9-101, as renumbered and amended by Laws of Utah 2024, Chapter 366 54 81-9-204, as renumbered and amended by Laws of Utah 2024, Chapter 366 55 ENACTS: 56 80-2-309, Utah Code Annotated 1953 57 58 Be it enacted by the Legislature of the state of Utah: 59 Section 1. Section 26B-2-128 is amended to read: 60 26B-2-128 . Numerical limit of foster children in a foster home -- Limits on 61 bedroom sharing. - 2 - Enrolled Copy H.B. 283 62 (1)(a) No more than four foster children may reside in the foster home of a licensed 63 foster parent. 64 (b) No more than three foster children may reside in the foster home of a certified foster 65 parent. 66 (2) When placing a child into a foster home, the limits under Subsection (1) may be 67 exceeded: 68 (a) to place a child into a foster home where a sibling of the child currently resides; or 69 (b) to place a child in a foster home where the child previously resided. 70 (3) The limits under Subsection (1) may be exceeded for: 71 (a) placement of a sibling group in a foster home with no more than one other foster 72 child placement; 73 (b) placement of a child or sibling group in a foster home where the child or sibling 74 group previously resided; or 75 (c) placement of a child in a foster home where a sibling currently resides. 76 (4)(a) A foster child may not share a bedroom with a child of the opposite biological sex 77 unless: 78 (i) each child sharing the bedroom is under two years old; 79 (ii)(A) the department's client record identifies gender-specific rationale for 80 sharing the bedroom; 81 (B) sharing the bedroom is in the best interests of each child sharing the bedroom; 82 and 83 (C) all children sharing the bedroom are relatives; or 84 (iii)(A) there is written caseworker approval for the bedroom assignment; 85 (B) sharing the bedroom is in the best interests of each child sharing the bedroom; 86 and 87 (C) all children sharing the bedroom are relatives. 88 (b) The Division of Child and Family Services shall approve a bedroom assignment by 89 which a child has their own bedroom if: 90 (i) there is a gender-specific or sexual-orientation specific rationale for the bedroom 91 assignment; and 92 (ii) the bedroom assignment is necessary to promote the child's best interest. 93 (5) A foster parent's bedroom may only be shared with a foster child who is under the age 94 of two years old. 95 (6) A foster parent may not share a bed with any foster child. - 3 - H.B. 283 Enrolled Copy 96 Section 2. Section 53G-8-211 is amended to read: 97 53G-8-211 . Responses to school-based behavior. 98 (1) As used in this section: 99 (a) "Evidence-based" means a program or practice that: 100 (i) has had multiple randomized control studies or a meta-analysis demonstrating that 101 the program or practice is effective for a specific population; 102 (ii) has been rated as effective by a standardized program evaluation tool; or 103 (iii) is created and developed by a school or school district and has been approved by 104 the state board. 105 (b) "Habitual truant" means a school-age child who: 106 (i) is in grade 7 or above, unless the school-age child is under 12 years old; 107 (ii) is subject to the requirements of Section 53G-6-202; and 108 (iii)(A) is truant at least 20 days during one school year; or 109 (B) fails to cooperate with efforts on the part of school authorities to resolve the 110 school-age child's attendance problem as required under Section 53G-6-206. 111 (c) "Minor" means the same as that term is defined in Section 80-1-102. 112 (i) "Mobile crisis outreach team" means the same as that term is defined in Section 113 26B-5-101. 114 (d) "Prosecuting attorney" means the same as that term is defined in Subsections [ 115 80-1-102(65)(b)] 80-1-102(66)(b) and (c). 116 (e) "Restorative justice program" means a school-based program or a program used or 117 adopted by a local education agency that is designed: 118 (i) to enhance school safety, reduce school suspensions, and limit referrals to law 119 enforcement agencies and courts; and 120 (ii) to help minors take responsibility for and repair harmful behavior that occurs in 121 school. 122 (f) "School administrator" means a principal of a school. 123 (g) "School is in session" means a day during which the school conducts instruction for 124 which student attendance is counted toward calculating average daily membership. 125 (h) "School resource officer" means a law enforcement officer, as defined in Section 126 53-13-103, who contracts with, is employed by, or whose law enforcement agency 127 contracts with a local education agency to provide law enforcement services for the 128 local education agency. 129 (i) "School-age child" means the same as that term is defined in Section 53G-6-201. - 4 - Enrolled Copy H.B. 283 130 (j)(i) "School-sponsored activity" means an activity, fundraising event, club, camp, 131 clinic, or other event or activity that is authorized by a specific local education 132 agency or public school, according to LEA governing board policy, and satisfies 133 at least one of the following conditions: 134 (A) the activity is managed or supervised by a local education agency or public 135 school, or local education agency or public school employee; 136 (B) the activity uses the local education agency's or public school's facilities, 137 equipment, or other school resources; or 138 (C) the activity is supported or subsidized, more than inconsequentially, by public 139 funds, including the public school's activity funds or Minimum School 140 Program dollars. 141 (ii) "School-sponsored activity" includes preparation for and involvement in a public 142 performance, contest, athletic competition, demonstration, display, or club activity. 143 (k)(i) "Status offense" means an offense that would not be an offense but for the age 144 of the offender. 145 (ii) "Status offense" does not mean an offense that by statute is a misdemeanor or 146 felony. 147 (2) This section applies to: 148 (a) a minor who is alleged to be a habitual truant; and 149 (b) a minor enrolled in school who is alleged to have committed an offense on school 150 property where the student is enrolled: 151 (i) when school is in session; or 152 (ii) during a school-sponsored activity. 153 (3) If a minor is alleged to have committed an offense on school property that is a class C 154 misdemeanor, an infraction, or a status offense, or a minor is alleged to be a habitual 155 truant, the school administrator, the school administrator's designee, or a school resource 156 officer shall refer the minor: 157 (a) to an evidence-based alternative intervention, including: 158 (i) a mobile crisis outreach team; 159 (ii) a youth services center, as defined in Section 80-5-102; 160 (iii) a certified youth court, as defined in Section 80-6-901, or comparable restorative 161 justice program; 162 (iv) an evidence-based alternative intervention created and developed by the school 163 or school district; - 5 - H.B. 283 Enrolled Copy 164 (v) an evidence-based alternative intervention that is jointly created and developed by 165 a local education agency, the state board, the juvenile court, local counties and 166 municipalities, the Department of Health and Human Services; 167 (vi) a tobacco cessation or education program if the offense is a violation of Section 168 76-10-105; or 169 (vii) truancy mediation; or 170 (b) for prevention and early intervention youth services, as described in Section 80-5-201, 171 by the Division of Juvenile Justice and Youth Services if the minor refuses to 172 participate in an evidence-based alternative intervention described in Subsection 173 (3)(a). 174 (4) Except as provided in Subsection (6), if a minor is alleged to have committed an offense 175 on school property that is a class C misdemeanor, an infraction, or a status offense, a 176 school administrator, the school administrator's designee, or a school resource officer 177 may refer a minor to a law enforcement officer or agency or a court only if: 178 (a) the minor allegedly committed an offense on school property on a previous occasion; 179 and 180 (b) the minor was referred to an evidence-based alternative intervention, or to prevention 181 or early intervention youth services, as described in Subsection (3) for the previous 182 offense. 183 (5) If a minor is alleged to be a habitual truant, a school administrator, the school 184 administrator's designee, or a school resource officer may only refer the minor to a law 185 enforcement officer or agency or a court if: 186 (a) the minor was previously alleged of being a habitual truant at least twice during the 187 same school year; and 188 (b) the minor was referred to an evidence-based alternative intervention, or for 189 prevention and early intervention youth services, as described in Subsection (3) for at 190 least two of the previous habitual truancies. 191 (6) If a minor is alleged to have committed a traffic offense that is an infraction, a school 192 administrator, the school administrator's designee, or a school resource officer may refer 193 the minor to a law enforcement officer or agency, a prosecuting attorney, or a court for 194 the traffic offense. 195 (7) Notwithstanding Subsections (4) and (5), a school resource officer may: 196 (a) investigate possible criminal offenses and conduct, including conducting probable 197 cause searches; - 6 - Enrolled Copy H.B. 283 198 (b) consult with school administration about the conduct of a minor enrolled in a school; 199 (c) transport a minor enrolled in a school to a location if the location is permitted by law; 200 (d) take temporary custody of a minor in accordance with Section 80-6-201; or 201 (e) protect the safety of students and the school community, including the use of 202 reasonable and necessary physical force when appropriate based on the totality of the 203 circumstances. 204 (8)(a) If a minor is referred to a court or a law enforcement officer or agency under 205 Subsection (4) or (5), the school or the school district shall appoint a school 206 representative to continue to engage with the minor and the minor's family through 207 the court process. 208 (b) A school representative appointed under Subsection (8)(a) may not be a school 209 resource officer. 210 (c) A school district or school shall include the following in the school district's or 211 school's referral to the court or the law enforcement officer or agency: 212 (i) attendance records for the minor; 213 (ii) a report of evidence-based alternative interventions used by the school before the 214 referral, including outcomes; 215 (iii) the name and contact information of the school representative assigned to 216 actively participate in the court process with the minor and the minor's family; 217 (iv) if the minor was referred to prevention or early intervention youth services under 218 Subsection (3)(b), a report from the Division of Juvenile Justice and Youth 219 Services that demonstrates the minor's failure to complete or participate in 220 prevention and early intervention youth services under Subsection (3)(b); and 221 (v) any other information that the school district or school considers relevant. 222 (d) A minor referred to a court under Subsection (4) or (5) may not be ordered to or 223 placed in secure detention, including for a contempt charge or violation of a valid 224 court order under Section 78A-6-353: 225 (i) when the underlying offense is a status offense or infraction; or 226 (ii) for being a habitual truant. 227 (e) If a minor is referred to a court under Subsection (4) or (5), the court may use, when 228 available, the resources of the Division of Juvenile Justice and Youth Services or the 229 Office of Substance Use and Mental Health to address the minor. 230 (9) If a minor is alleged to have committed an offense on school property that is a class B 231 misdemeanor or a class A misdemeanor, the school administrator, the school - 7 - H.B. 283 Enrolled Copy 232 administrator's designee, or a school resource officer may refer the minor directly to a 233 court or to the evidence-based alternative interventions in Subsection (3)(a). 234 (10) A school administrator, a school administrator's designee, and a school resource officer 235 retain the discretion described under this section in relation to Title 63G, Chapter 31, 236 Distinctions on the Basis of Sex. 237 Section 3. Section 80-1-102 is amended to read: 238 80-1-102 . Juvenile Code definitions. 239 Except as provided in Section 80-6-1103, as used in this title: 240 (1)(a) "Abuse" means: 241 (i)(A) nonaccidental harm of a child; 242 (B) threatened harm of a child; 243 (C) sexual exploitation; 244 (D) sexual abuse; or 245 (E) human trafficking of a child in violation of Section 76-5-308.5; or 246 (ii) that a child's natural parent: 247 (A) intentionally, knowingly, or recklessly causes the death of another parent of 248 the child; 249 (B) is identified by a law enforcement agency as the primary suspect in an 250 investigation for intentionally, knowingly, or recklessly causing the death of 251 another parent of the child; or 252 (C) is being prosecuted for or has been convicted of intentionally, knowingly, or 253 recklessly causing the death of another parent of the child. 254 (b) "Abuse" does not include: 255 (i) reasonable discipline or management of a child, including withholding privileges; 256 (ii) conduct described in Section 76-2-401; or 257 (iii) the use of reasonable and necessary physical restraint or force on a child: 258 (A) in self-defense; 259 (B) in defense of others; 260 (C) to protect the child; or 261 (D) to remove a weapon in the possession of a child for any of the reasons 262 described in Subsections (1)(b)(iii)(A) through (C). 263 (2) "Abused child" means a child who has been subjected to abuse. 264 (3)(a) "Adjudication" means, except as provided in Subsection (3)(b): 265 (i) for a delinquency petition or criminal information under Chapter 6, Juvenile - 8 - Enrolled Copy H.B. 283 266 Justice: 267 (A) a finding by the juvenile court that the facts alleged in a delinquency petition 268 or criminal information alleging that a minor committed an offense have been 269 proved; 270 (B) an admission by a minor in the juvenile court as described in Section 80-6-306; 271 or 272 (C) a plea of no contest by minor in the juvenile court; or 273 (ii) for all other proceedings under this title, a finding by the juvenile court that the 274 facts alleged in the petition have been proved. 275 (b) "Adjudication" does not include: 276 (i) an admission by a minor described in Section 80-6-306 until the juvenile court 277 enters the minor's admission; or 278 (ii) a finding of not competent to proceed in accordance with Section 80-6-402. 279 (4)(a) "Adult" means an individual who is 18 years old or older. 280 (b) "Adult" does not include an individual: 281 (i) who is 18 years old or older; and 282 (ii) who is a minor. 283 (5) "Attorney guardian ad litem" means the same as that term is defined in Section 284 78A-2-801. 285 (6) "Board" means the Board of Juvenile Court Judges. 286 (7) "Child" means, except as provided in Section 80-2-905, an individual who is under 18 287 years old. 288 (8) "Child and family plan" means a written agreement between a child's parents or 289 guardian and the Division of Child and Family Services as described in Section 80-3-307. 290 (9) "Child placing" means the same as that term is defined in Section 26B-2-101. 291 (10) "Child-placing agency" means the same as that term is defined in Section 26B-2-101. 292 (11) "Child protection team" means a team consisting of: 293 (a) the child welfare caseworker assigned to the case; 294 (b) if applicable, the child welfare caseworker who made the decision to remove the 295 child; 296 (c) a representative of the school or school district where the child attends school; 297 (d) if applicable, the law enforcement officer who removed the child from the home; 298 (e) a representative of the appropriate Children's Justice Center, if one is established 299 within the county where the child resides; - 9 - H.B. 283 Enrolled Copy 300 (f) if appropriate, and known to the division, a therapist or counselor who is familiar 301 with the child's circumstances; 302 (g) if appropriate, a representative of law enforcement selected by the chief of police or 303 sheriff in the city or county where the child resides; and 304 (h) any other individuals determined appropriate and necessary by the team coordinator 305 and chair. 306 (12)(a) "Chronic abuse" means repeated or patterned abuse. 307 (b) "Chronic abuse" does not mean an isolated incident of abuse. 308 (13)(a) "Chronic neglect" means repeated or patterned neglect. 309 (b) "Chronic neglect" does not mean an isolated incident of neglect. 310 (14) "Clandestine laboratory operation" means the same as that term is defined in Section 311 58-37d-3. 312 (15) "Commit" or "committed" means, unless specified otherwise: 313 (a) with respect to a child, to transfer legal custody; and 314 (b) with respect to a minor who is at least 18 years old, to transfer custody. 315 (16) "Community-based program" means a nonsecure residential or nonresidential program, 316 designated to supervise and rehabilitate juvenile offenders, that prioritizes the least 317 restrictive setting, consistent with public safety, and operated by or under contract with 318 the Division of Juvenile Justice and Youth Services. 319 (17) "Community placement" means placement of a minor in a community-based program 320 described in Section 80-5-402. 321 (18) "Correctional facility" means: 322 (a) a county jail; or 323 (b) a secure correctional facility as defined in Section 64-13-1. 324 (19) "Criminogenic risk factors" means evidence-based factors that are associated with a 325 minor's likelihood of reoffending. 326 (20) "Department" means the Department of Health and Human Services created in Section 327 26B-1-201. 328 (21) "Dependent child" or "dependency" means a child who is without proper care through 329 no fault of the child's parent, guardian, or custodian. 330 (22) "Deprivation of custody" means transfer of legal custody by the juvenile court from a 331 parent or a previous custodian to another person, agency, or institution. 332 (23) "Detention" means home detention or secure detention. 333 (24) "Detention facility" means a facility, established by the Division of Juvenile Justice - 10 - Enrolled Copy H.B. 283 334 and Youth Services in accordance with Section 80-5-501, for minors held in detention. 335 (25) "Detention risk assessment tool" means an evidence-based tool established under 336 Section 80-5-203 that: 337 (a) assesses a minor's risk of failing to appear in court or reoffending before 338 adjudication; and 339 (b) is designed to assist in making a determination of whether a minor shall be held in 340 detention. 341 (26) "Developmental immaturity" means incomplete development in one or more domains 342 that manifests as a functional limitation in the minor's present ability to: 343 (a) consult with counsel with a reasonable degree of rational understanding; and 344 (b) have a rational as well as factual understanding of the proceedings. 345 (27) "Disposition" means an order by a juvenile court, after the adjudication of a minor, 346 under Section 80-3-405 or 80-4-305 or Chapter 6, Part 7, Adjudication and Disposition. 347 (28) "Educational neglect" means that, after receiving a notice of compulsory education 348 violation under Section 53G-6-202, the parent or guardian fails to make a good faith 349 effort to ensure that the child receives an appropriate education. 350 (29) "Educational series" means an evidence-based instructional series: 351 (a) obtained at a substance abuse program that is approved by the Division of Integrated 352 Healthcare in accordance with Section 26B-5-104; and 353 (b) designed to prevent substance use or the onset of a mental health disorder. 354 (30) "Emancipated" means the same as that term is defined in Section 80-7-102. 355 (31) "Evidence-based" means a program or practice that has had multiple randomized 356 control studies or a meta-analysis demonstrating that the program or practice is effective 357 for a specific population or has been rated as effective by a standardized program 358 evaluation tool. 359 (32) "Forensic evaluator" means the same as that term is defined in Section 77-15-2. 360 (33) "Formal probation" means a minor is: 361 (a) supervised in the community by, and reports to, a juvenile probation officer or an 362 agency designated by the juvenile court; and 363 (b) subject to return to the juvenile court in accordance with Section 80-6-607. 364 (34) "Gender identity" means the same as that term is defined in Section 34A-5-102. 365 (35) "Group rehabilitation therapy" means psychological and social counseling of one or 366 more individuals in the group, depending upon the recommendation of the therapist. 367 [(35)] (36) "Guardian" means a person appointed by a court to make decisions regarding a - 11 - H.B. 283 Enrolled Copy 368 minor, including the authority to consent to: 369 (a) marriage; 370 (b) enlistment in the armed forces; 371 (c) major medical, surgical, or psychiatric treatment; or 372 (d) legal custody, if legal custody is not vested in another individual, agency, or 373 institution. 374 [(36)] (37) "Guardian ad litem" means the same as that term is defined in Section 78A-2-801. 375 [(37)] (38) "Harm" means: 376 (a) physical or developmental injury or damage; 377 (b) emotional damage that results in a serious impairment in the child's growth, 378 development, behavior, or psychological functioning; 379 (c) sexual abuse; or 380 (d) sexual exploitation. 381 [(38)] (39) "Home detention" means placement of a minor: 382 (a) if prior to a disposition, in the minor's home, or in a surrogate home with the consent 383 of the minor's parent, guardian, or custodian, under terms and conditions established 384 by the Division of Juvenile Justice and Youth Services or the juvenile court; or 385 (b) if after a disposition, and in accordance with Section 78A-6-353 or 80-6-704, in the 386 minor's home, or in a surrogate home with the consent of the minor's parent, 387 guardian, or custodian, under terms and conditions established by the Division of 388 Juvenile Justice and Youth Services or the juvenile court. 389 [(39)] (40)(a) "Incest" means engaging in sexual intercourse with an individual whom the 390 perpetrator knows to be the perpetrator's ancestor, descendant, brother, sister, uncle, 391 aunt, nephew, niece, or first cousin. 392 (b) "Incest" includes: 393 (i) blood relationships of the whole or half blood, regardless of whether the 394 relationship is legally recognized; 395 (ii) relationships of parent and child by adoption; and 396 (iii) relationships of stepparent and stepchild while the marriage creating the 397 relationship of a stepparent and stepchild exists. 398 [(40)] (41) "Indian child" means the same as that term is defined in 25 U.S.C. Sec. 1903. 399 [(41)] (42) "Indian tribe" means the same as that term is defined in 25 U.S.C. Sec. 1903. 400 [(42)] (43) "Indigent defense service provider" means the same as that term is defined in 401 Section 78B-22-102. - 12 - Enrolled Copy H.B. 283 402 [(43)] (44) "Indigent defense services" means the same as that term is defined in Section 403 78B-22-102. 404 [(44)] (45) "Indigent individual" means the same as that term is defined in Section 405 78B-22-102. 406 [(45)] (46)(a) "Intake probation" means a minor is: 407 (i) monitored by a juvenile probation officer; and 408 (ii) subject to return to the juvenile court in accordance with Section 80-6-607. 409 (b) "Intake probation" does not include formal probation. 410 [(46)] (47) "Intellectual disability" means a significant subaverage general intellectual 411 functioning existing concurrently with deficits in adaptive behavior that constitutes a 412 substantial limitation to the individual's ability to function in society. 413 [(47)] (48) "Juvenile offender" means: 414 (a) a serious youth offender; or 415 (b) a youth offender. 416 [(48)] (49) "Juvenile probation officer" means a probation officer appointed under Section 417 78A-6-205. 418 [(49)] (50) "Juvenile receiving center" means a nonsecure, nonresidential program 419 established by the Division of Juvenile Justice and Youth Services, or under contract 420 with the Division of Juvenile Justice and Youth Services, that is responsible for minors 421 taken into temporary custody under Section 80-6-201. 422 [(50)] (51) "Legal custody" means a relationship embodying: 423 (a) the right to physical custody of the minor; 424 (b) the right and duty to protect, train, and discipline the minor; 425 (c) the duty to provide the minor with food, clothing, shelter, education, and ordinary 426 medical care; 427 (d) the right to determine where and with whom the minor shall live; and 428 (e) the right, in an emergency, to authorize surgery or other extraordinary care. 429 [(51)] (52) "Licensing Information System" means the Licensing Information System 430 maintained by the Division of Child and Family Services under Section 80-2-1002. 431 [(52)] (53) "Management Information System" means the Management Information System 432 developed by the Division of Child and Family Services under Section 80-2-1001. 433 [(53)] (54) "Mental illness" means: 434 (a) a psychiatric disorder that substantially impairs an individual's mental, emotional, 435 behavioral, or related functioning; or - 13 - H.B. 283 Enrolled Copy 436 (b) the same as that term is defined in: 437 (i) the current edition of the Diagnostic and Statistical Manual of Mental Disorders 438 published by the American Psychiatric Association; or 439 (ii) the current edition of the International Statistical Classification of Diseases and 440 Related Health Problems. 441 [(54)] (55) "Minor" means, except as provided in Sections 80-6-501, 80-6-901, and 80-7-102: 442 (a) a child; or 443 (b) an individual: 444 (i)(A) who is at least 18 years old and younger than 21 years old; and 445 (B) for whom the Division of Child and Family Services has been specifically 446 ordered by the juvenile court to provide services because the individual was an 447 abused, neglected, or dependent child or because the individual was 448 adjudicated for an offense; 449 (ii)(A) who is at least 18 years old and younger than 25 years old; and 450 (B) whose case is under the jurisdiction of the juvenile court in accordance with 451 Subsection 78A-6-103(1)(b); or 452 (iii)(A) who is at least 18 years old and younger than 21 years old; and 453 (B) whose case is under the jurisdiction of the juvenile court in accordance with 454 Subsection 78A-6-103(1)(c). 455 [(55)] (56) "Mobile crisis outreach team" means the same as that term is defined in Section 456 26B-5-101. 457 [(56)] (57) "Molestation" means that an individual, with the intent to arouse or gratify the 458 sexual desire of any individual, touches the anus, buttocks, pubic area, or genitalia of 459 any child, or the breast of a female child, or takes indecent liberties with a child as 460 defined in Section 76-5-401.1. 461 [(57)] (58)(a) "Natural parent" means, except as provided in Section 80-3-302, a minor's 462 biological or adoptive parent. 463 (b) "Natural parent" includes the minor's noncustodial parent. 464 [(58)] (59)(a) "Neglect" means action or inaction causing: 465 (i) abandonment of a child, except as provided in Chapter 4, Part 5, Safe 466 Relinquishment of a Newborn Child; 467 (ii) lack of proper parental care of a child by reason of the fault or habits of the 468 parent, guardian, or custodian; 469 (iii) failure or refusal of a parent, guardian, or custodian to provide proper or - 14 - Enrolled Copy H.B. 283 470 necessary subsistence or medical care, or any other care necessary for the child's 471 health, safety, morals, or well-being; 472 (iv) a child to be at risk of being neglected or abused because another child in the 473 same home is neglected or abused; 474 (v) abandonment of a child through an unregulated child custody transfer under 475 Section 78B-24-203; or 476 (vi) educational neglect. 477 (b) "Neglect" does not include: 478 (i) a parent or guardian legitimately practicing religious beliefs and who, for that 479 reason, does not provide specified medical treatment for a child; 480 (ii) a health care decision made for a child by the child's parent or guardian, unless 481 the state or other party to a proceeding shows, by clear and convincing evidence, 482 that the health care decision is not reasonable and informed; 483 (iii) a parent or guardian exercising the right described in Section 80-3-304; or 484 (iv) permitting a child, whose basic needs are met and who is of sufficient age and 485 maturity to avoid harm or unreasonable risk of harm, to engage in independent 486 activities, including: 487 (A) traveling to and from school, including by walking, running, or bicycling; 488 (B) traveling to and from nearby commercial or recreational facilities; 489 (C) engaging in outdoor play; 490 (D) remaining in a vehicle unattended, except under the conditions described in 491 Subsection 76-10-2202(2); 492 (E) remaining at home unattended; or 493 (F) engaging in a similar independent activity. 494 [(59)] (60) "Neglected child" means a child who has been subjected to neglect. 495 [(60)] (61) "Nonjudicial adjustment" means closure of the case by the assigned juvenile 496 probation officer, without an adjudication of the minor's case under Section 80-6-701, 497 upon the consent in writing of: 498 (a) the assigned juvenile probation officer; and 499 (b)(i) the minor; or 500 (ii) the minor and the minor's parent, guardian, or custodian. 501 [(61)] (62) "Not competent to proceed" means that a minor, due to a mental illness, 502 intellectual disability or related condition, or developmental immaturity, lacks the ability 503 to: - 15 - H.B. 283 Enrolled Copy 504 (a) understand the nature of the proceedings against the minor or of the potential 505 disposition for the offense charged; or 506 (b) consult with counsel and participate in the proceedings against the minor with a 507 reasonable degree of rational understanding. 508 [(62)] (63) "Parole" means a conditional release of a juvenile offender from residency in 509 secure care to live outside of secure care under the supervision of the Division of 510 Juvenile Justice and Youth Services, or another person designated by the Division of 511 Juvenile Justice and Youth Services. 512 [(63)] (64) "Physical abuse" means abuse that results in physical injury or damage to a child. 513 [(64)] (65)(a) "Probation" means a legal status created by court order, following an 514 adjudication under Section 80-6-701, whereby the minor is permitted to remain in the 515 minor's home under prescribed conditions. 516 (b) "Probation" includes intake probation or formal probation. 517 [(65)] (66) "Prosecuting attorney" means: 518 (a) the attorney general and any assistant attorney general; 519 (b) any district attorney or deputy district attorney; 520 (c) any county attorney or assistant county attorney; and 521 (d) any other attorney authorized to commence an action on behalf of the state. 522 [(66)] (67) "Protective custody" means the shelter of a child by the Division of Child and 523 Family Services from the time the child is removed from the home until the earlier of: 524 (a) the day on which the shelter hearing is held under Section 80-3-301; or 525 (b) the day on which the child is returned home. 526 [(67)] (68) "Protective services" means expedited services that are provided: 527 (a) in response to evidence of neglect, abuse, or dependency of a child; 528 (b) to a cohabitant who is neglecting or abusing a child, in order to: 529 (i) help the cohabitant develop recognition of the cohabitant's duty of care and of the 530 causes of neglect or abuse; and 531 (ii) strengthen the cohabitant's ability to provide safe and acceptable care; and 532 (c) in cases where the child's welfare is endangered: 533 (i) to bring the situation to the attention of the appropriate juvenile court and law 534 enforcement agency; 535 (ii) to cause a protective order to be issued for the protection of the child, when 536 appropriate; and 537 (iii) to protect the child from the circumstances that endanger the child's welfare - 16 - Enrolled Copy H.B. 283 538 including, when appropriate: 539 (A) removal from the child's home; 540 (B) placement in substitute care; and 541 (C) petitioning the court for termination of parental rights. 542 [(68)] (69) "Protective supervision" means a legal status created by court order, following an 543 adjudication on the ground of abuse, neglect, or dependency, whereby: 544 (a) the minor is permitted to remain in the minor's home; and 545 (b) supervision and assistance to correct the abuse, neglect, or dependency is provided 546 by an agency designated by the juvenile court. 547 [(69)] (70)(a) "Related condition" means a condition that: 548 (i) is found to be closely related to intellectual disability; 549 (ii) results in impairment of general intellectual functioning or adaptive behavior 550 similar to that of an intellectually disabled individual; 551 (iii) is likely to continue indefinitely; and 552 (iv) constitutes a substantial limitation to the individual's ability to function in society. 553 (b) "Related condition" does not include mental illness, psychiatric impairment, or 554 serious emotional or behavioral disturbance. 555 [(70)] (71)(a) "Residual parental rights and duties" means the rights and duties remaining 556 with a parent after legal custody or guardianship, or both, have been vested in another 557 person or agency, including: 558 (i) the responsibility for support; 559 (ii) the right to consent to adoption; 560 (iii) the right to determine the child's religious affiliation; and 561 (iv) the right to reasonable parent-time unless restricted by the court. 562 (b) If no guardian has been appointed, "residual parental rights and duties" includes the 563 right to consent to: 564 (i) marriage; 565 (ii) enlistment; and 566 (iii) major medical, surgical, or psychiatric treatment. 567 [(71)] (72) "Runaway" means a child, other than an emancipated child, who willfully leaves 568 the home of the child's parent or guardian, or the lawfully prescribed residence of the 569 child, without permission. 570 [(72)] (73) "Secure care" means placement of a minor, who is committed to the Division of 571 Juvenile Justice and Youth Services for rehabilitation, in a facility operated by, or under - 17 - H.B. 283 Enrolled Copy 572 contract with, the Division of Juvenile Justice and Youth Services, that provides 24-hour 573 supervision and confinement of the minor. 574 [(73)] (74) "Secure care facility" means a facility, established in accordance with Section 575 80-5-503, for juvenile offenders in secure care. 576 [(74)] (75) "Secure detention" means temporary care of a minor who requires secure custody 577 in a physically restricting facility operated by, or under contract with, the Division of 578 Juvenile Justice and Youth Services: 579 (a) before disposition of an offense that is alleged to have been committed by the minor; 580 or 581 (b) under Section 80-6-704. 582 [(75)] (76) "Serious youth offender" means an individual who: 583 (a) is at least 14 years old, but under 25 years old; 584 (b) committed a felony listed in Subsection 80-6-503(1) and the continuing jurisdiction 585 of the juvenile court was extended over the individual's case until the individual was 586 25 years old in accordance with Section 80-6-605; and 587 (c) is committed by the juvenile court to the Division of Juvenile Justice and Youth 588 Services for secure care under Sections 80-6-703 and 80-6-705. 589 [(76)] (77) "Severe abuse" means abuse that causes or threatens to cause serious harm to a 590 child. 591 [(77)] (78) "Severe neglect" means neglect that causes or threatens to cause serious harm to 592 a child. 593 [(78)] (79)(a) "Severe type of child abuse or neglect" means, except as provided in 594 Subsection [(78)(b)] (79)(b): 595 (i) if committed by an individual who is 18 years old or older: 596 (A) chronic abuse; 597 (B) severe abuse; 598 (C) sexual abuse; 599 (D) sexual exploitation; 600 (E) abandonment; 601 (F) chronic neglect; or 602 (G) severe neglect; or 603 (ii) if committed by an individual who is under 18 years old: 604 (A) causing serious physical injury, as defined in Subsection 76-5-109(1), to 605 another child that indicates a significant risk to other children; or - 18 - Enrolled Copy H.B. 283 606 (B) sexual behavior with or upon another child that indicates a significant risk to 607 other children. 608 (b) "Severe type of child abuse or neglect" does not include: 609 (i) the use of reasonable and necessary physical restraint by an educator in 610 accordance with Subsection 53G-8-302(2) or Section 76-2-401; 611 (ii) an individual's conduct that is justified under Section 76-2-401 or constitutes the 612 use of reasonable and necessary physical restraint or force in self-defense or 613 otherwise appropriate to the circumstances to obtain possession of a weapon or 614 other dangerous object in the possession or under the control of a child or to 615 protect the child or another individual from physical injury; or 616 (iii) a health care decision made for a child by a child's parent or guardian, unless, 617 subject to Subsection [(78)(c)] (79)(c), the state or other party to the proceeding 618 shows, by clear and convincing evidence, that the health care decision is not 619 reasonable and informed. 620 (c) Subsection [(78)(b)(iii)] (79)(b)(iii) does not prohibit a parent or guardian from 621 exercising the right to obtain a second health care opinion. 622 [(79)] (80) "Sexual abuse" means: 623 (a) an act or attempted act of sexual intercourse, sodomy, incest, or molestation by an 624 adult directed towards a child; 625 (b) an act or attempted act of sexual intercourse, sodomy, incest, or molestation 626 committed by a child towards another child if: 627 (i) there is an indication of force or coercion; 628 (ii) the children are related, as described in Subsection [(39)] (40), including siblings 629 by marriage while the marriage exists or by adoption; 630 (iii) there have been repeated incidents of sexual contact between the two children, 631 unless the children are 14 years old or older; or 632 (iv) there is a disparity in chronological age of four or more years between the two 633 children; 634 (c) engaging in any conduct with a child that would constitute an offense under any of 635 the following, regardless of whether the individual who engages in the conduct is 636 actually charged with, or convicted of, the offense: 637 (i) Title 76, Chapter 5, Part 4, Sexual Offenses, except for Section 76-5-401, if the 638 alleged perpetrator of an offense described in Section 76-5-401 is a minor; 639 (ii) child bigamy, Section 76-7-101.5; - 19 - H.B. 283 Enrolled Copy 640 (iii) incest, Section 76-7-102; 641 (iv) lewdness, Section 76-9-702; 642 (v) sexual battery, Section 76-9-702.1; 643 (vi) lewdness involving a child, Section 76-9-702.5; or 644 (vii) voyeurism, Section 76-9-702.7; or 645 (d) subjecting a child to participate in or threatening to subject a child to participate in a 646 sexual relationship, regardless of whether that sexual relationship is part of a legal or 647 cultural marriage. 648 [(80)] (81) "Sexual exploitation" means knowingly: 649 (a) employing, using, persuading, inducing, enticing, or coercing any child to: 650 (i) pose in the nude for the purpose of sexual arousal of any individual; or 651 (ii) engage in any sexual or simulated sexual conduct for the purpose of 652 photographing, filming, recording, or displaying in any way the sexual or 653 simulated sexual conduct; 654 (b) displaying, distributing, possessing for the purpose of distribution, or selling material 655 depicting a child: 656 (i) in the nude, for the purpose of sexual arousal of any individual; or 657 (ii) engaging in sexual or simulated sexual conduct; or 658 (c) engaging in any conduct that would constitute an offense under Section 76-5b-201, 659 sexual exploitation of a minor, or Section 76-5b-201.1, aggravated sexual 660 exploitation of a minor, regardless of whether the individual who engages in the 661 conduct is actually charged with, or convicted of, the offense. 662 [(81)] (82) "Shelter" means the temporary care of a child in a physically unrestricted facility 663 pending a disposition or transfer to another jurisdiction. 664 [(82)] (83) "Shelter facility" means a nonsecure facility that provides shelter for a minor. 665 [(83)] (84) "Significant risk" means a risk of harm that is determined to be significant in 666 accordance with risk assessment tools and rules established by the Division of Child and 667 Family Services in accordance with Title 63G, Chapter 3, Utah Administrative 668 Rulemaking Act, that focus on: 669 (a) age; 670 (b) social factors; 671 (c) emotional factors; 672 (d) sexual factors; 673 (e) intellectual factors; - 20 - Enrolled Copy H.B. 283 674 (f) family risk factors; and 675 (g) other related considerations. 676 [(84)] (85) "Single criminal episode" means the same as that term is defined in Section 677 76-1-401. 678 [(85)] (86) "Status offense" means an offense that would not be an offense but for the age of 679 the offender. 680 [(86)] (87) "Substance abuse" means, except as provided in Section 80-2-603, the misuse or 681 excessive use of alcohol or other drugs or substances. 682 [(87)] (88) "Substantiated" or "substantiation" means a judicial finding based on a 683 preponderance of the evidence, and separate consideration of each allegation made or 684 identified in the case, that abuse, neglect, or dependency occurred . 685 [(88)] (89) "Substitute care" means: 686 (a) the placement of a minor in a family home, group care facility, or other placement 687 outside the minor's own home, either at the request of a parent or other responsible 688 relative, or upon court order, when it is determined that continuation of care in the 689 minor's own home would be contrary to the minor's welfare; 690 (b) services provided for a minor in the protective custody of the Division of Child and 691 Family Services, or a minor in the temporary custody or custody of the Division of 692 Child and Family Services, as those terms are defined in Section 80-2-102; or 693 (c) the licensing and supervision of a substitute care facility. 694 [(89)] (90) "Supported" means a finding by the Division of Child and Family Services based 695 on the evidence available at the completion of an investigation, and separate 696 consideration of each allegation made or identified during the investigation, that there is 697 a reasonable basis to conclude that abuse, neglect, or dependency occurred. 698 [(90)] (91) "Termination of parental rights" means the permanent elimination of all parental 699 rights and duties, including residual parental rights and duties, by court order. 700 [(91)] (92) "Therapist" means: 701 (a) an individual employed by a state division or agency for the purpose of conducting 702 psychological treatment and counseling of a minor in the division's or agency's 703 custody; or 704 (b) any other individual licensed or approved by the state for the purpose of conducting 705 psychological treatment and counseling. 706 [(92)] (93) "Threatened harm" means actions, inactions, or credible verbal threats, indicating 707 that the child is at an unreasonable risk of harm or neglect. - 21 - H.B. 283 Enrolled Copy 708 [(93)] (94) "Ungovernable" means a child in conflict with a parent or guardian, and the 709 conflict: 710 (a) results in behavior that is beyond the control or ability of the child, or the parent or 711 guardian, to manage effectively; 712 (b) poses a threat to the safety or well-being of the child, the child's family, or others; or 713 (c) results in the situations described in Subsections [(93)(a)] (94)(a) and (b). 714 [(94)] (95) "Unsubstantiated" means a judicial finding that there is insufficient evidence to 715 conclude that abuse, neglect, or dependency occurred. 716 [(95)] (96) "Unsupported" means a finding by the Division of Child and Family Services at 717 the completion of an investigation, after the day on which the Division of Child and 718 Family Services concludes the alleged abuse, neglect, or dependency is not without 719 merit, that there is insufficient evidence to conclude that abuse, neglect, or dependency 720 occurred. 721 [(96)] (97) "Validated risk and needs assessment" means an evidence-based tool that 722 assesses a minor's risk of reoffending and a minor's criminogenic needs. 723 [(97)] (98) "Without merit" means a finding at the completion of an investigation by the 724 Division of Child and Family Services, or a judicial finding, that the alleged abuse, 725 neglect, or dependency did not occur, or that the alleged perpetrator was not responsible 726 for the abuse, neglect, or dependency. 727 [(98)] (99) "Youth offender" means an individual who is: 728 (a) at least 12 years old, but under 21 years old; and 729 (b) committed by the juvenile court to the Division of Juvenile Justice and Youth 730 Services for secure care under Sections 80-6-703 and 80-6-705. 731 Section 4. Section 80-2-102 is amended to read: 732 80-2-102 . Definitions. 733 As used in this chapter: 734 (1) "Consult" means an interaction between two persons in which the initiating person: 735 (a) provides information to another person; 736 (b) provides the other person an opportunity to respond; and 737 (c) takes the other person's response, if any, into consideration. 738 (2) "Consumer" means a person who receives services offered by the division in accordance 739 with this chapter. 740 (3) "Council" means the Child Welfare Improvement Council created in Section 80-2-1101. 741 (4) "Custody," with regard to the division, means the custody of a minor in the division as - 22 - Enrolled Copy H.B. 283 742 of the date of disposition. 743 (5) "Day-care services" means care of a child for a portion of the day which is less than 24 744 hours: 745 (a) in the child's own home by a responsible individual; or 746 (b) outside of the child's home in a: 747 (i) day-care center; 748 (ii) family group home; or 749 (iii) family child care home. 750 (6) "Director" means the director of the division appointed under Section 80-2-202. 751 (7) "Division" means the Division of Child and Family Services created in Section 80-2-201. 752 (8) "Domestic violence" means the same as that term is defined in Section 77-36-1. 753 (9) "Domestic violence services" means: 754 (a) temporary shelter, treatment, and related services provided to: 755 (i) an individual who is a victim of abuse, as defined in Section 78B-7-102; and 756 (ii) the dependent children of an individual who is a victim of abuse, as defined in 757 Section 78B-7-102; and 758 (b) treatment services for an individual who is alleged to have committed, has been 759 convicted of, or has pled guilty to domestic violence. 760 (10) "Homemaking services" means the care of an individual in the individual's domicile, 761 and help given to an individual caretaker relative to achieve improved household and 762 family management through the services of a trained homemaker. 763 (11) "Hormonal transgender treatment" means the same as that term is defined in Section 764 58-1-603. 765 (12) "Mutual case" means a case that is: 766 (a) opened by the division under the division's discretion and procedures; 767 (b) opened by the law enforcement agency with jurisdiction over the case; and 768 (c) accepted for investigation by a child protection team, as applicable. 769 [(12)] (13)(a) "Person responsible for the child's care" means the child's parent, guardian, 770 or other person responsible for the child's care. 771 (b) "Person responsible for the child's care" includes a person responsible for the child's 772 care in the same home as the child, a relative's home, a group, family, or day care 773 facility, a foster care home, or a residential institution. 774 [(13)] (14) "Primary sex characteristic surgical procedure" means the same as that term is 775 defined in Section 58-67-102. - 23 - H.B. 283 Enrolled Copy 776 (15) "Secondary sex characteristic surgical procedure" means the same as that term is 777 defined in Section 58-67-102. 778 (16) "Shelter care" means the temporary care of a minor in a nonsecure facility. 779 [(14)] (17) "Sibling" means a child who shares or has shared at least one parent in common 780 either by blood or adoption. 781 [(15)] (18) "Sibling visitation" means services provided by the division to facilitate the 782 interaction between a child in division custody with the child's sibling. 783 [(16)] (19)(a) "Subject of the report" means a person reported under Part 6, Child Abuse 784 and Neglect Reports. 785 (b) "Subject of the report" includes the child who is the alleged victim of the report and 786 the person responsible for the child's care. 787 [(17)] (20) "Temporary custody" means, with regard to the division, the custody of a child 788 from the day on which the shelter hearing described in Section 80-3-301 is held until the 789 day on which the juvenile court enters a disposition under Section 80-3-405. 790 [(18)] (21) "Transportation services" means travel assistance given to an individual with 791 escort service, if necessary, to and from community facilities and resources as part of a 792 service plan. 793 Section 5. Section 80-2-309 is enacted to read: 794 80-2-309 . Orientation and identity. 795 (1) As used in this section: 796 (a)(i) "Custodian" means an individual who has legal custody of a child. 797 (ii) "Custodian" does not include the division. 798 (b)(i) "Guardian" means an individual who has qualified as a guardian of a child 799 pursuant to testamentary or court appointment, or by written instrument as 800 provided in Section 75-5-202.5. 801 (ii) "Guardian" does not include a guardian ad litem. 802 (2)(a) For a child in the protective custody, temporary custody, or custody of the 803 division: 804 (i) subject to Subsection (2)(b), the division may not withhold or conceal information 805 related to a child's asserted gender identity or sexual orientation from the child's 806 parent, guardian, or custodian; 807 (ii) without consent from the child's parent, guardian, or custodian, the division may 808 not refer to the child in division records in a way that is contrary to the child's 809 biological sex; - 24 - Enrolled Copy H.B. 283 810 (iii) the division may not initiate hormonal transgender treatment, a primary sex 811 characteristic surgical procedure, or a secondary sex characteristic surgical 812 procedure for the child; and 813 (iv) if a foster parent expresses discomfort with caring for a child based on the child's 814 asserted gender identity or sexual orientation, the division may not place the child 815 with that foster parent and may not discriminate or take other adverse action 816 against the foster parent solely on that basis. 817 (b) If a child discloses to the division information regarding the child's asserted gender 818 identity or sexual orientation, and the child wants the information to remain private, 819 the division shall develop a plan in cooperation with the child's therapist or counselor 820 that: 821 (i) allows the division to comply with the requirements described in Subsection 822 (2)(a)(i); 823 (ii) will not result in harm, as that term is defined in Section 80-1-102, to the child; 824 and 825 (iii) is in compliance with all applicable privacy laws. 826 Section 6. Section 80-2-402 is amended to read: 827 80-2-402 . Child welfare training coordinator -- Mandatory education and 828 training of child welfare caseworkers -- Development of curriculum. 829 (1) There is created within the division a full-time position of a child welfare training 830 coordinator. 831 (2) The child welfare training coordinator is not responsible for direct casework services or 832 the supervision of casework services, but is required to: 833 (a) develop child welfare curriculum that: 834 (i) is current and effective, consistent with the division's mission and purpose for 835 child welfare; and 836 (ii) utilizes curriculum and resources from a variety of sources including those from: 837 (A) the public sector; 838 (B) the private sector; and 839 (C) inside and outside of the state; 840 (b) recruit, select, and supervise child welfare trainers; 841 (c) develop a statewide training program, including a budget and identification of 842 sources of funding to support that training; 843 (d) evaluate the efficacy of training in improving job performance; - 25 - H.B. 283 Enrolled Copy 844 (e) assist child protective services and foster care workers in developing and fulfilling 845 their individual training plans; 846 (f) monitor staff compliance with division training requirements and individual training 847 plans; and 848 (g) expand the collaboration between the division and schools of social work within 849 institutions of higher education in developing child welfare services curriculum, and 850 in providing and evaluating training. 851 (3) The director shall, with the assistance of the child welfare training coordinator, establish 852 and ensure child welfare caseworker competency regarding a core curriculum for child 853 welfare services that: 854 (a) is driven by child safety and family well-being; 855 (b) emphasizes child and family voice; 856 (c) is based on a policy, procedure, program, or practice that demonstrates an ability to 857 minimize retraumatization associated with the criminal and juvenile justice system; 858 and 859 (d) is consistent with national child welfare practice standards. 860 (4) A child welfare caseworker shall complete training in: 861 (a) the legal duties of a child welfare caseworker; 862 (b) the responsibility of a child welfare caseworker to protect the safety and legal rights 863 of children, parents, and families at all stages of a case, including: 864 (i) initial contact; 865 (ii) safety and risk assessment, as described in Section 80-2-403; and 866 (iii) intervention; 867 (c) recognizing situations involving: 868 (i) substance abuse; 869 (ii) domestic violence; 870 (iii) abuse; and 871 (iv) neglect; and 872 (d) the relationship of the Fourth and Fourteenth Amendments of the Constitution of the 873 United States to the child welfare caseworker's job, including: 874 (i) search and seizure of evidence; 875 (ii) the warrant requirement; 876 (iii) exceptions to the warrant requirement; and 877 (iv) removing a child from the custody of the child's parent or guardian. - 26 - Enrolled Copy H.B. 283 878 (5) The division shall train the division's child welfare caseworkers to: 879 (a) apply the risk assessment tools and rules described in Subsection [80-1-102(83)] 880 80-1-102(84); and 881 (b) develop child and family plans that comply with: 882 (i) federal mandates; and 883 (ii) the specific needs of the child and the child's family. 884 (6) The division shall use the training of child welfare caseworkers to emphasize: 885 (a) the importance of maintaining the parent-child relationship; 886 (b) the preference for providing in-home services over taking a child into protective 887 custody, both for the emotional well-being of the child and the efficient allocation of 888 resources; and 889 (c) the importance and priority of: 890 (i) kinship placement in the event a child must be taken into protective custody; and 891 (ii) guardianship placement, in the event the parent-child relationship is legally 892 terminated and no appropriate adoptive placement is available. 893 (7) If a child welfare caseworker is hired, before assuming independent casework 894 responsibilities, the division shall ensure that the child welfare caseworker has: 895 (a) completed the training described in Subsections (4), (5), and (6); and 896 (b) participated in sufficient skills development for a child welfare caseworker. 897 Section 7. Section 80-2-1005 is amended to read: 898 80-2-1005 . Classification of reports of alleged abuse or neglect -- Confidential 899 identity of a person who reports -- Access -- Admitting reports into evidence -- Unlawful 900 release and use -- Penalty. 901 (1) Except as otherwise provided in this chapter or Chapter 2a, Removal and Protective 902 Custody of a Child, a report made under Part 6, Child Abuse and Neglect Reports, and 903 any other information in the possession of the division obtained as a result of the report 904 is a private, protected, or controlled record under Title 63G, Chapter 2, Government 905 Records Access and Management Act, and may only be made available to: 906 (a) a police or law enforcement agency investigating a report of known or suspected 907 abuse or neglect, including members of a child protection team; 908 (b) a physician who reasonably believes that a child may be the subject of abuse or 909 neglect; 910 (c) an agency that has responsibility or authority to care for, treat, or supervise a minor 911 who is the subject of a report; - 27 - H.B. 283 Enrolled Copy 912 (d) a contract provider that has a written contract with the division to render services to a 913 minor who is the subject of a report; 914 (e) the subject of the report, the natural parents of the child, an adoptive parent of the 915 child, an individual who has been awarded permanent custody and guardianship of 916 the child, and the guardian ad litem; 917 (f) a court, upon a finding that access to the records may be necessary for the 918 determination of an issue before the court, provided that in a divorce, custody, or 919 related proceeding between private parties, the record alone is: 920 (i) limited to objective or undisputed facts that were verified at the time of the 921 investigation; and 922 (ii) devoid of conclusions drawn by the division or any of the division's workers on 923 the ultimate issue of whether or not an individual's acts or omissions constituted 924 any level of abuse or neglect of another individual; 925 (g) an office of the public prosecutor or the public prosecutor's deputies in performing an 926 official duty; 927 (h) a person authorized by a Children's Justice Center, for the purposes described in 928 Section 67-5b-102; 929 (i) a person engaged in bona fide research, when approved by the director of the 930 division, if the information does not include names and addresses; 931 (j) the State Board of Education, acting on behalf of itself or on behalf of a local 932 education agency, as defined in Section 63J-5-102, for the purpose of evaluating 933 whether an individual should be permitted to obtain or retain a license as an educator 934 or serve as an employee or volunteer in a school, limited to information with 935 substantiated or supported findings involving an alleged sexual offense, an alleged 936 felony or class A misdemeanor drug offense, or any alleged offense against the 937 person under Title 76, Chapter 5, Offenses Against the Individual, and with the 938 understanding that the office must provide the subject of a report received under 939 Subsection (1)(k) with an opportunity to respond to the report before making a 940 decision concerning licensure or employment; 941 (k) any individual identified in the report as a perpetrator or possible perpetrator of 942 abuse or neglect, after being advised of the screening prohibition in Subsection (2); 943 (l) a person filing a petition for a child protective order on behalf of a child who is the 944 subject of the report; 945 (m) a licensed child-placing agency or person who is performing a preplacement - 28 - Enrolled Copy H.B. 283 946 adoptive evaluation in accordance with the requirements of Sections 78B-6-128 and 947 78B-6-130; 948 (n) an Indian tribe to: 949 (i) certify or license a foster home; 950 (ii) render services to a subject of a report; or 951 (iii) investigate an allegation of abuse, neglect, or dependency; or 952 (o) the department or a local substance abuse authority, described in Section 17-43-201, 953 for the purpose of providing substance abuse treatment to a pregnant woman or a 954 parent of a newborn child, or the services described in Subsection [26B-5-211(2)(p)] 955 26B-5-102(2)(p). 956 (2) In accordance with Section 80-2-608 and except as provided in Section 80-2-611, the 957 division and a law enforcement agency shall ensure the anonymity of the person who 958 makes the initial report under Part 6, Child Abuse and Neglect Reports, and any other 959 person involved in the division's or law enforcement agency's subsequent investigation 960 of the report. 961 (3) Notwithstanding any other provision of law, excluding Section 80-3-107, but including 962 this chapter, Chapter 2a, Removal and Protective Custody of a Child, and Title 63G, 963 Chapter 2, Government Records Access and Management Act, if the division makes a 964 report or other information in the division's possession available under Subsection (1)(e) 965 to a subject of the report or a parent of a child, the division shall remove from the report 966 or other information only the names, addresses, and telephone numbers of individuals or 967 specific information that could: 968 (a) identify the referent; 969 (b) impede a criminal investigation; or 970 (c) endanger an individual's safety. 971 (4) A child-placing agency or person who receives a report from the division under 972 Subsection (1)(m) may provide the report to: 973 (a) the subject of the report; 974 (b) a person who is performing a preplacement adoptive evaluation in accordance with 975 Sections 78B-6-128 and 78B-6-130; 976 (c) to a licensed child-placing agency; or 977 (d) an attorney seeking to facilitate an adoption. 978 (5) A member of a child protection team may, before the day on which the child is 979 removed, share case-specific information obtained from the division under this section - 29 - H.B. 283 Enrolled Copy 980 with other members of the child protection team. 981 (6)(a) Except as provided in Subsection (6)(b), in a divorce, custody, or related 982 proceeding between private parties, a court may not receive into evidence a report 983 that: 984 (i) is provided to the court: 985 (A) under Subsection (1)(f); or 986 (B) by a parent of the child after the record is made available to the parent under 987 Subsection (1)(e); 988 (ii) describes a parent of the child as the alleged perpetrator; and 989 (iii) is found to be unsubstantiated, unsupported, or without merit. 990 (b)(i) After a motion to admit the report described in Subsection (6)(a) is made, the 991 court shall allow sufficient time for all subjects of the record to respond before 992 making a finding on the motion. 993 (ii) After considering the motion described in Subsection (6)(b)(i), the court may 994 receive the report into evidence upon a finding on the record of good cause. 995 (7)(a) A person may not: 996 (i) willfully permit, or aid and abet, the release of data or information in the 997 possession of the division or contained in the Management Information System in 998 violation of this part or Part 6, Child Abuse and Neglect Reports; or 999 (ii) if the person is not listed in Subsection (1), request another person to obtain or 1000 release a report or other information that the other person obtained under 1001 Subsection (1)(k) to screen for potential perpetrators of abuse or neglect. 1002 (b) A person who violates Subsection (7)(a)(i), or violates Subsection (7)(a)(ii) knowing 1003 the person's actions are a violation of Subsection (7)(a)(ii), is guilty of a class C 1004 misdemeanor. 1005 Section 8. Section 80-2a-201 is amended to read: 1006 80-2a-201 . Rights of parents -- Children's rights -- Interest and responsibility of 1007 state. 1008 (1)(a) Under both the United States Constitution and the constitution of this state, a 1009 parent possesses a fundamental liberty interest in the care, custody, and management 1010 of the parent's children. A fundamentally fair process must be provided to parents if 1011 the state moves to challenge or interfere with parental rights. A governmental entity 1012 must support any actions or allegations made in opposition to the rights and desires 1013 of a parent regarding the parent's child by sufficient evidence to satisfy a parent's - 30 - Enrolled Copy H.B. 283 1014 constitutional entitlement to heightened protection against government interference 1015 with the parent's fundamental rights and liberty interests and, concomitantly, the right 1016 of the child to be reared by the child's natural parent. 1017 (b) The fundamental liberty interest of a parent concerning the care, custody, and 1018 management of the parent's child is recognized, protected, and does not cease to exist 1019 simply because a parent may fail to be a model parent or because the parent's child is 1020 placed in the temporary custody of the state. At all times, a parent retains a vital 1021 interest in preventing the irretrievable destruction of family life. Before an 1022 adjudication of unfitness, government action in relation to a parent and the parent's 1023 child may not exceed the least restrictive means or alternatives available to 1024 accomplish a compelling state interest. Until the state proves parental unfitness, and 1025 the child suffers, or is substantially likely to suffer, serious detriment as a result, the 1026 child and the child's parent share a vital interest in preventing erroneous termination 1027 of their natural relationship and the state cannot presume that a child and the child's 1028 parent are adversaries. 1029 (c) It is in the best interest and welfare of a child to be raised under the care and 1030 supervision of the child's natural parents. A child's need for a normal family life in a 1031 permanent home, and for positive, nurturing family relationships is usually best met 1032 by the child's natural parents. Additionally, the integrity of the family unit and the 1033 right of a parent to conceive and raise the parent's child are constitutionally protected. 1034 The right of a fit, competent parent to raise the parent's child without undue 1035 government interference is a fundamental liberty interest that has long been protected 1036 by the laws and Constitution and is a fundamental public policy of this state. 1037 (d) The state recognizes that: 1038 (i) a parent has the right, obligation, responsibility, and authority to raise, manage, 1039 train, educate, provide and care for, and reasonably discipline the parent's child; 1040 and 1041 (ii) the state's role is secondary and supportive to the primary role of a parent. 1042 (e) It is the public policy of this state that: 1043 (i) a parent retains the fundamental right and duty to exercise primary control over 1044 the care, supervision, upbringing, and education of the parent's child; 1045 (ii) a parent retains the right to have contact with the parent's child when the child is 1046 placed outside of the parent's home, and parent-time should be ordered by a court 1047 so long as the contact is not contrary to the best interest of the child; and - 31 - H.B. 283 Enrolled Copy 1048 (iii) a child has the right to have contact with the child's sibling when the child is 1049 placed outside of the home and apart from the child's sibling, and sibling visits 1050 should be ordered by a court unless the contact would be contrary to the safety or 1051 well-being of the child. 1052 (f) Subsections (2) through (7) shall be interpreted and applied consistent with this 1053 Subsection (1). 1054 (2) It is also the public policy of this state that children have the right to protection from 1055 abuse and neglect, and that the state retains a compelling interest in investigating, 1056 prosecuting, and punishing abuse and neglect. Therefore, the state, as parens patriae, has 1057 an interest in and responsibility to protect a child whose parent abuses the child or does 1058 not adequately provide for the child's welfare. There may be circumstances where a 1059 parent's conduct or condition is a substantial departure from the norm and the parent is 1060 unable or unwilling to render safe and proper parental care and protection. Under those 1061 circumstances, the state may take action for the welfare and protection of the parent's 1062 child. 1063 (3) When the division intervenes on behalf of an abused, neglected, or dependent child, the 1064 division shall take into account the child's need for protection from immediate harm and 1065 the extent to which the child's extended family may provide needed protection. 1066 Throughout the division's involvement, the division shall utilize the least intrusive and 1067 least restrictive means available to protect a child, in an effort to ensure that children are 1068 brought up in stable, permanent families, rather than in temporary foster placements 1069 under the supervision of the state. 1070 (4) If circumstances within the family pose a threat to the child's immediate safety or 1071 welfare, the division may seek custody of the child for a planned, temporary period and 1072 place the child in a safe environment, subject to the requirements of this section and in 1073 accordance with Chapter 3, Abuse, Neglect, and Dependency Proceedings, and when 1074 safe and appropriate, return the child to the child's parent or as a last resort, pursue 1075 another permanency plan. 1076 (5) In determining and making reasonable efforts with regard to a child, under Section 1077 80-2a-302, both the division's and the juvenile court's paramount concern shall be the 1078 child's health, safety, and welfare. The desires of a parent for the parent's child, and the 1079 constitutionally protected rights of a parent, as described in this section, shall be given 1080 full and serious consideration by the division and the juvenile court. 1081 (6) In accordance with Subsections 80-2a-302(4) and 80-3-301(12), in cases where sexual - 32 - Enrolled Copy H.B. 283 1082 abuse, sexual exploitation, abandonment, severe abuse, or severe neglect are involved, 1083 the state has no duty to make reasonable efforts or to, in any other way, attempt to 1084 maintain a child in the child's home, provide reunification services, or rehabilitate the 1085 offending parent or parents. This Subsection (6) does not exempt the division from 1086 providing court-ordered services. 1087 (7)(a) In accordance with Subsection (1), the division shall strive to achieve appropriate 1088 permanency for children who are abused, neglected, or dependent. The division shall 1089 provide in-home services, if appropriate and safe, in an effort to help a parent to 1090 correct the behavior that resulted in abuse, neglect, or dependency of the parent's 1091 child. The division may pursue a foster placement only if in-home services fail or are 1092 otherwise insufficient or inappropriate, kinship placement is not safe or appropriate, 1093 or in-home services and kinship placement fail and cannot be corrected. The division 1094 shall also seek qualified extended family support or a kinship placement to maintain a 1095 sense of security and stability for the child. 1096 (b) If the use or continuation of reasonable efforts, as described in Subsections (5) and 1097 (6), is determined to be inconsistent with the permanency plan for a child, then 1098 measures shall be taken, in a timely manner, to place the child in accordance with the 1099 permanency plan, and to complete whatever steps are necessary to finalize the 1100 permanent placement of the child. 1101 (c) Subject to the parental rights recognized and protected under this section, if, because 1102 of a parent's conduct or condition, the parent is determined to be unfit or incompetent 1103 based on the grounds for termination of parental rights described in Chapter 4, 1104 Termination and Restoration of Parental Rights, the continuing welfare and best 1105 interest of the child is of paramount importance, and shall be protected in 1106 determining whether that parent's rights should be terminated. 1107 (8) The state's right to direct or intervene in the provision of medical or mental health care 1108 for a child is subject to Subsections [80-1-102(58)(b)(i)] 80-1-102(59)(b)(i) through (iii) 1109 and Sections 80-3-109 and 80-3-304. 1110 Section 9. Section 80-2a-202 is amended to read: 1111 80-2a-202 . Removal of a child by a peace officer or child welfare caseworker -- 1112 Search warrants -- Protective custody and temporary care of a child. 1113 (1) A peace officer or child welfare caseworker may remove a child or take a child into 1114 protective custody, temporary custody, or custody in accordance with this section. 1115 (2)(a) Except as provided in Subsection (2)(b), a peace officer or a child welfare - 33 - H.B. 283 Enrolled Copy 1116 caseworker may not enter the home of a child whose case is not under the jurisdiction 1117 of the juvenile court, remove a child from the child's home or school, or take a child 1118 into protective custody unless: 1119 (i) there exist exigent circumstances sufficient to relieve the peace officer or the child 1120 welfare caseworker of the requirement to obtain a search warrant under 1121 Subsection (3); 1122 (ii) the peace officer or child welfare caseworker obtains a search warrant under 1123 Subsection (3); 1124 (iii) the peace officer or child welfare caseworker obtains a court order after the 1125 child's parent or guardian is given notice and an opportunity to be heard; or 1126 (iv) the peace officer or child welfare caseworker obtains the consent of the child's 1127 parent or guardian. 1128 (b) A peace officer or a child welfare caseworker may not take action under Subsection 1129 (2)(a) solely on the basis of: 1130 (i) educational neglect, truancy, or failure to comply with a court order to attend 1131 school; 1132 (ii) the possession or use, in accordance with Title 26B, Chapter 4, Part 2, 1133 Cannabinoid Research and Medical Cannabis, of cannabis in a medicinal dosage 1134 form, a cannabis product in a medicinal dosage form, or a medical cannabis 1135 device, as those terms are defined in Section 26B-4-201; or 1136 (iii) subject to Subsection (2)(c), a parent's agreement or disagreement with a minor 1137 child of the couple's: 1138 (A) assertion that the child's gender identity is different from the child's biological 1139 sex;[ or] 1140 (B) practice of having or expressing a different gender identity than the child's 1141 biological sex[.] ; or 1142 (C) sexual orientation. 1143 (c) Subsection (2)(b)(iii) does not preclude a peace officer or a child welfare caseworker 1144 from taking action under Subsection (2)(a) if the parent's agreement or disagreement 1145 with a minor child as described in Subsection (2)(b)(iii) results in or is related to 1146 harm, as that term is defined in Section 80-1-102, to the minor child. 1147 (3)(a) The juvenile court may issue a warrant authorizing a peace officer or a child 1148 welfare caseworker to search for a child and take the child into protective custody if 1149 it appears to the juvenile court upon a verified petition, recorded sworn testimony or - 34 - Enrolled Copy H.B. 283 1150 an affidavit sworn to by a peace officer or another individual, and upon the 1151 examination of other witnesses if required by the juvenile court, that there is probable 1152 cause to believe that: 1153 (i) there is a threat of substantial harm to the child's health or safety; 1154 (ii) it is necessary to take the child into protective custody to avoid the harm 1155 described in Subsection (3)(a)(i); and 1156 (iii) it is likely that the child will suffer substantial harm if the child's parent or 1157 guardian is given notice and an opportunity to be heard before the child is taken 1158 into protective custody. 1159 (b) In accordance with Section 77-23-210, a peace officer making the search under 1160 Subsection (3)(a) may enter a house or premises by force, if necessary, in order to 1161 remove the child. 1162 (4)(a) A child welfare caseworker may take action under Subsection (2) accompanied by 1163 a peace officer or without a peace officer if a peace officer is not reasonably available. 1164 (b)(i) Before taking a child into protective custody, and if possible and consistent 1165 with the child's safety and welfare, a child welfare caseworker shall determine 1166 whether there are services available that, if provided to a parent or guardian of the 1167 child, would eliminate the need to remove the child from the custody of the child's 1168 parent or guardian. 1169 (ii) In determining whether the services described in Subsection (4)(b)(i) are 1170 reasonably available, the child welfare caseworker shall consider the child's 1171 health, safety, and welfare as the paramount concern. 1172 (iii) If the child welfare caseworker determines the services described in Subsection 1173 (4)(b)(i) are reasonably available, the services shall be utilized. 1174 (5)(a) If a peace officer or a child welfare caseworker takes a child into protective 1175 custody under Subsection (2), the peace officer or child welfare caseworker shall: 1176 (i) notify the child's parent or guardian in accordance with Section 80-2a-203; and 1177 (ii) release the child to the care of the child's parent or guardian or another 1178 responsible adult, unless: 1179 (A) the child's immediate welfare requires the child remain in protective custody; 1180 or 1181 (B) the protection of the community requires the child's detention in accordance 1182 with Chapter 6, Part 2, Custody and Detention. 1183 (b)(i) If a peace officer or child welfare caseworker is executing a warrant under - 35 - H.B. 283 Enrolled Copy 1184 Subsection (3), the peace officer or child welfare caseworker shall take the child 1185 to: 1186 (A) a shelter facility; or 1187 (B) if the division makes an emergency placement under Section 80-2a-301, the 1188 emergency placement. 1189 (ii) If a peace officer or a child welfare caseworker takes a child to a shelter facility 1190 under Subsection (5)(b)(i), the peace officer or the child welfare caseworker shall 1191 promptly file a written report that includes the child's information, on a form 1192 provided by the division, with the shelter facility. 1193 (c) A child removed or taken into protective custody under this section may not be 1194 placed or kept in detention pending court proceedings, unless the child may be held 1195 in detention under Chapter 6, Part 2, Custody and Detention. 1196 (6)(a) The juvenile court shall issue a warrant authorizing a peace officer or a child 1197 welfare worker to search for a child who is missing, has been abducted, or has run 1198 away, and take the child into physical custody if the juvenile court determines that 1199 the child is missing, has been abducted, or has run away from the protective custody, 1200 temporary custody, or custody of the division. 1201 (b) If the juvenile court issues a warrant under Subsection (6)(a): 1202 (i) the division shall notify the child's parent or guardian who has a right to 1203 parent-time with the child in accordance with Subsection 80-2a-203(5)(a); 1204 (ii) the court shall order: 1205 (A) the law enforcement agency that has jurisdiction over the location from which 1206 the child ran away to enter a record of the warrant into the National Crime 1207 Information Center database within 24 hours after the time in which the law 1208 enforcement agency receives a copy of the warrant; and 1209 (B) the division to notify the law enforcement agency described in Subsection 1210 (6)(b)(ii)(A) of the order described in Subsection (6)(b)(ii)(A); and 1211 (c) the court shall specify the location to which the peace officer or the child welfare 1212 caseworker shall transport the child. 1213 Section 10. Section 80-3-111 is amended to read: 1214 80-3-111 . Interstate compact -- Relative placement. 1215 (1) If, for a relative placement, an interstate placement requested under the Interstate 1216 Compact on the Placement of Children has been initiated by the division or is ordered by 1217 or pending before the juvenile court, the court may not finalize a non-relative placement - 36 - Enrolled Copy H.B. 283 1218 unless the court gives due weight to: 1219 (a) the preferential consideration granted to a relative in Section 80-3-302; 1220 (b) the rebuttable presumption in Section 80-3-302; and 1221 (c) the division's placement authority under Subsections [80-1-102(50)] 80-1-102(51) 1222 and 80-3-303(1). 1223 (2) Nothing in this section affects the ability of a foster parent to petition the juvenile court 1224 under Subsection 80-3-502(3). 1225 Section 11. Section 80-3-204 is amended to read: 1226 80-3-204 . Protective custody of a child after a petition is filed -- Grounds. 1227 (1) When an abuse, neglect, or dependency petition is filed, the juvenile court shall apply, 1228 in addressing the petition, the least restrictive means and alternatives available to 1229 accomplish a compelling state interest and to prevent irretrievable destruction of family 1230 life as described in Subsections 80-2a-201(1) and (7)(a) and Section 80-4-104. 1231 (2) After an abuse, neglect, or dependency petition is filed, if the child who is the subject of 1232 the petition is not in protective custody, a juvenile court may order that the child be 1233 removed from the child's home or otherwise taken into protective custody if the juvenile 1234 court finds, by a preponderance of the evidence, that any one or more of the following 1235 circumstances exist: 1236 (a)(i) there is an imminent danger to the physical health or safety of the child; and 1237 (ii) the child's physical health or safety may not be protected without removing the 1238 child from the custody of the child's parent or guardian; 1239 (b)(i) a parent or guardian engages in or threatens the child with unreasonable 1240 conduct that causes the child to suffer harm; and 1241 (ii) there are no less restrictive means available by which the child's emotional health 1242 may be protected without removing the child from the custody of the child's 1243 parent or guardian; 1244 (c) the child or another child residing in the same household has been, or is considered 1245 to be at substantial risk of being, physically abused, sexually abused, or sexually 1246 exploited, by a parent or guardian, a member of the parent's or guardian's household, 1247 or other individual known to the parent or guardian; 1248 (d) the parent or guardian is unwilling to have physical custody of the child; 1249 (e) the child is abandoned or left without any provision for the child's support; 1250 (f) a parent or guardian who has been incarcerated or institutionalized has not arranged 1251 or cannot arrange for safe and appropriate care for the child; - 37 - H.B. 283 Enrolled Copy 1252 (g)(i) a relative or other adult custodian with whom the child is left by the parent or 1253 guardian is unwilling or unable to provide care or support for the child; 1254 (ii) the whereabouts of the parent or guardian are unknown; and 1255 (iii) reasonable efforts to locate the parent or guardian are unsuccessful; 1256 (h) subject to Subsection [80-1-102(58)(b)] 80-1-102(59)(b) and Sections 80-3-109 and 1257 80-3-304, the child is in immediate need of medical care; 1258 (i)(i) a parent's or guardian's actions, omissions, or habitual action create an 1259 environment that poses a serious risk to the child's health or safety for which 1260 immediate remedial or preventive action is necessary; or 1261 (ii) a parent's or guardian's action in leaving a child unattended would reasonably 1262 pose a threat to the child's health or safety; 1263 (j) the child or another child residing in the same household has been neglected; 1264 (k) the child's natural parent: 1265 (i) intentionally, knowingly, or recklessly causes the death of another parent of the 1266 child; 1267 (ii) is identified by a law enforcement agency as the primary suspect in an 1268 investigation for intentionally, knowingly, or recklessly causing the death of 1269 another parent of the child; or 1270 (iii) is being prosecuted for or has been convicted of intentionally, knowingly, or 1271 recklessly causing the death of another parent of the child; 1272 (l) an infant is an abandoned infant, as defined in Section 80-4-203; 1273 (m)(i) the parent or guardian, or an adult residing in the same household as the parent 1274 or guardian, is charged or arrested pursuant to Title 58, Chapter 37d, Clandestine 1275 Drug Lab Act; and 1276 (ii) any clandestine laboratory operation was located in the residence or on the 1277 property where the child resided; or 1278 (n) the child's welfare is otherwise endangered. 1279 (3)(a) For purposes of Subsection (2)(a), if a child has previously been adjudicated as 1280 abused, neglected, or dependent, and a subsequent incident of abuse, neglect, or 1281 dependency occurs involving the same substantiated abuser or under similar 1282 circumstance as the previous abuse, that fact is prima facie evidence that the child 1283 cannot safely remain in the custody of the child's parent. 1284 (b) For purposes of Subsection (2)(c): 1285 (i) another child residing in the same household may not be removed from the home - 38 - Enrolled Copy H.B. 283 1286 unless that child is considered to be at substantial risk of being physically abused, 1287 sexually abused, or sexually exploited as described in Subsection (2)(c) or 1288 Subsection (3)(b)(ii); and 1289 (ii) if a parent or guardian has received actual notice that physical abuse, sexual 1290 abuse, or sexual exploitation by an individual known to the parent has occurred, 1291 and there is evidence that the parent or guardian failed to protect the child, after 1292 having received the notice, by allowing the child to be in the physical presence of 1293 the alleged abuser, that fact is prima facie evidence that the child is at substantial 1294 risk of being physically abused, sexually abused, or sexually exploited. 1295 (4)(a) For purposes of Subsection (2), if the division files an abuse, neglect, or 1296 dependency petition, the juvenile court shall consider the division's safety and risk 1297 assessments described in Section 80-2-403 to determine whether a child should be 1298 removed from the custody of the child's parent or guardian or should otherwise be 1299 taken into protective custody. 1300 (b) The division shall make a diligent effort to provide the safety and risk assessments 1301 described in Section 80-2-403 to the juvenile court, guardian ad litem, and counsel 1302 for the parent or guardian, as soon as practicable before the shelter hearing described 1303 in Section 80-3-301. 1304 (5) In the absence of one of the factors described in Subsection (2), a juvenile court may not 1305 remove a child from the parent's or guardian's custody on the basis of: 1306 (a) educational neglect, truancy, or failure to comply with a court order to attend school; 1307 (b) mental illness or poverty of the parent or guardian; 1308 (c) disability of the parent or guardian, as defined in Section 57-21-2; or 1309 (d) the possession or use, in accordance with Title 26B, Chapter 4, Part 2, Cannabinoid 1310 Research and Medical Cannabis, of cannabis in a medicinal dosage form, a cannabis 1311 product in a medicinal dosage form, or a medical cannabis device, as those terms are 1312 defined in Section 26B-4-201. 1313 (6) A child removed from the custody of the child's parent or guardian under this section 1314 may not be placed or kept in detention, unless the child may be admitted to detention 1315 under Chapter 6, Part 2, Custody and Detention. 1316 (7) This section does not preclude removal of a child from the child's home without a 1317 warrant or court order under Section 80-2a-202. 1318 (8)(a) Except as provided in Subsection (8)(b), a juvenile court and the division may not 1319 remove a child from the custody of the child's parent or guardian on the sole or - 39 - H.B. 283 Enrolled Copy 1320 primary basis that the parent or guardian refuses to consent to: 1321 (i) the administration of a psychotropic medication to a child; 1322 (ii) a psychiatric, psychological, or behavioral treatment for a child; or 1323 (iii) a psychiatric or behavioral health evaluation of a child. 1324 (b) Notwithstanding Subsection (8)(a), a juvenile court or the division may remove a 1325 child under conditions that would otherwise be prohibited under Subsection (8)(a) if 1326 failure to take an action described under Subsection (8)(a) would present a serious, 1327 imminent risk to the child's physical safety or the physical safety of others. 1328 Section 12. Section 80-3-301 is amended to read: 1329 80-3-301 . Shelter hearing -- Court considerations. 1330 (1) A juvenile court shall hold a shelter hearing to determine the temporary custody of a 1331 child within 72 hours, excluding weekends and holidays, after any one or all of the 1332 following occur: 1333 (a) removal of the child from the child's home by the division; 1334 (b) placement of the child in protective custody; 1335 (c) emergency placement under Subsection 80-2a-202(5); 1336 (d) as an alternative to removal of the child, a parent enters a domestic violence shelter 1337 at the request of the division; or 1338 (e) a motion for expedited placement in temporary custody is filed under Section 1339 80-3-203. 1340 (2) If one of the circumstances described in Subsections (1)(a) through (e) occurs, the 1341 division shall issue a notice that contains all of the following: 1342 (a) the name and address of the individual to whom the notice is directed; 1343 (b) the date, time, and place of the shelter hearing; 1344 (c) the name of the child on whose behalf an abuse, neglect, or dependency petition is 1345 brought; 1346 (d) a concise statement regarding: 1347 (i) the reasons for removal or other action of the division under Subsection (1); and 1348 (ii) the allegations and code sections under which the proceeding is instituted; 1349 (e) a statement that the parent or guardian to whom notice is given, and the child, are 1350 entitled to have an attorney present at the shelter hearing, and that if the parent or 1351 guardian is an indigent individual and cannot afford an attorney, and desires to be 1352 represented by an attorney, one will be provided in accordance with Title 78B, 1353 Chapter 22, Indigent Defense Act; and - 40 - Enrolled Copy H.B. 283 1354 (f) a statement that the parent or guardian is liable for the cost of support of the child in 1355 the protective custody, temporary custody, and custody of the division, and the cost 1356 for legal counsel appointed for the parent or guardian under Subsection (2)(e), 1357 according to the financial ability of the parent or guardian. 1358 (3) The notice described in Subsection (2) shall be personally served as soon as possible, 1359 but no later than one business day after the day on which the child is removed from the 1360 child's home, or the day on which a motion for expedited placement in temporary 1361 custody under Section 80-3-203 is filed, on: 1362 (a) the appropriate guardian ad litem; and 1363 (b) both parents and any guardian of the child, unless the parents or guardians cannot be 1364 located. 1365 (4) Notwithstanding Section 80-3-104, the following individuals shall be present at the 1366 shelter hearing: 1367 (a) the child, unless it would be detrimental for the child; 1368 (b) the child's parents or guardian, unless the parents or guardian cannot be located, or 1369 fail to appear in response to the notice; 1370 (c) counsel for the parents, if one is requested; 1371 (d) the child's guardian ad litem; 1372 (e) the child welfare caseworker from the division who is assigned to the case; and 1373 (f) the attorney from the attorney general's office who is representing the division. 1374 (5)(a) At the shelter hearing, the juvenile court shall: 1375 (i) provide an opportunity to provide relevant testimony to: 1376 (A) the child's parent or guardian, if present; and 1377 (B) any other individual with relevant knowledge; 1378 (ii) subject to Section 80-3-108, provide an opportunity for the child to testify; and 1379 (iii) in accordance with Subsections 80-3-302(7)(c) and (d), grant preferential 1380 consideration to a relative or friend for the temporary placement of the child. 1381 (b) The juvenile court: 1382 (i) may consider all relevant evidence, in accordance with the Utah Rules of Juvenile 1383 Procedure; 1384 (ii) shall hear relevant evidence presented by the child, the child's parent or guardian, 1385 the requesting party, or the requesting party's counsel; and 1386 (iii) may in the juvenile court's discretion limit testimony and evidence to only that 1387 which goes to the issues of removal and the child's need for continued protection. - 41 - H.B. 283 Enrolled Copy 1388 (6) If the child is in protective custody, the division shall report to the juvenile court: 1389 (a) the reason why the child was removed from the parent's or guardian's custody; 1390 (b) any services provided to the child and the child's family in an effort to prevent 1391 removal; 1392 (c) the need, if any, for continued shelter; 1393 (d) the available services that could facilitate the return of the child to the custody of the 1394 child's parent or guardian; and 1395 (e) subject to Subsections 80-3-302(7)(c) and (d), whether any relatives of the child or 1396 friends of the child's parents may be able and willing to accept temporary placement 1397 of the child. 1398 (7) The juvenile court shall consider all relevant evidence provided by an individual or 1399 entity authorized to present relevant evidence under this section. 1400 (8)(a) If necessary to protect the child, preserve the rights of a party, or for other good 1401 cause shown, the juvenile court may grant no more than one continuance, not to 1402 exceed five judicial days. 1403 (b) A juvenile court shall honor, as nearly as practicable, the request by a parent or 1404 guardian for a continuance under Subsection (8)(a). 1405 (c) Notwithstanding Subsection (8)(a), if the division fails to provide the notice 1406 described in Subsection (2) within the time described in Subsection (3), the juvenile 1407 court may grant the request of a parent or guardian for a continuance, not to exceed 1408 five judicial days. 1409 (9)(a) If the child is in protective custody, the juvenile court shall order that the child be 1410 returned to the custody of the parent or guardian unless the juvenile court finds, by a 1411 preponderance of the evidence, consistent with the protections and requirements 1412 provided in Subsection 80-2a-201(1), that any one of the following exists: 1413 (i) subject to Subsection (9)(b)(i), there is a serious danger to the physical health or 1414 safety of the child and the child's physical health or safety may not be protected 1415 without removing the child from the custody of the child's parent; 1416 (ii)(A) the child is suffering emotional damage that results in a serious impairment 1417 in the child's growth, development, behavior, or psychological functioning; 1418 (B) the parent or guardian is unwilling or unable to make reasonable changes that 1419 would sufficiently prevent future damage; and 1420 (C) there are no reasonable means available by which the child's emotional health 1421 may be protected without removing the child from the custody of the child's - 42 - Enrolled Copy H.B. 283 1422 parent or guardian; 1423 (iii) there is a substantial risk that the child will suffer abuse or neglect if the child is 1424 not removed from the custody of the child's parent or guardian; 1425 (iv) subject to Subsection (9)(b)(ii), the child or a minor residing in the same 1426 household has been, or is considered to be at substantial risk of being, physically 1427 abused, sexually abused, or sexually exploited by: 1428 (A) a parent or guardian; 1429 (B) a member of the parent's household or the guardian's household; or 1430 (C) an individual known to the parent or guardian; 1431 (v) the parent or guardian is unwilling to have physical custody of the child; 1432 (vi) the parent or guardian is unable to have physical custody of the child; 1433 (vii) the child is without any provision for the child's support; 1434 (viii) a parent who is incarcerated or institutionalized has not or cannot arrange for 1435 safe and appropriate care for the child; 1436 (ix)(A) a relative or other adult custodian with whom the child is left by the parent 1437 or guardian is unwilling or unable to provide care or support for the child; 1438 (B) the whereabouts of the parent or guardian are unknown; and 1439 (C) reasonable efforts to locate the parent or guardian are unsuccessful; 1440 (x) subject to Subsection [80-1-102(58)(b)(i)] 80-1-102(59)(b)(i) and Sections 1441 80-3-109 and 80-3-304, the child is in immediate need of medical care; 1442 (xi)(A) the physical environment or the fact that the child is left unattended 1443 beyond a reasonable period of time poses a threat to the child's health or safety; 1444 and 1445 (B) the parent or guardian is unwilling or unable to make reasonable changes that 1446 would remove the threat; 1447 (xii)(A) the child or a minor residing in the same household has been neglected; 1448 and 1449 (B) the parent or guardian is unwilling or unable to make reasonable changes that 1450 would prevent the neglect; 1451 (xiii) the parent, guardian, or an adult residing in the same household as the parent or 1452 guardian, is charged or arrested pursuant to Title 58, Chapter 37d, Clandestine 1453 Drug Lab Act, and any clandestine laboratory operation was located in the 1454 residence or on the property where the child resided; 1455 (xiv)(A) the child's welfare is substantially endangered; and - 43 - H.B. 283 Enrolled Copy 1456 (B) the parent or guardian is unwilling or unable to make reasonable changes that 1457 would remove the danger; or 1458 (xv) the child's natural parent: 1459 (A) intentionally, knowingly, or recklessly causes the death of another parent of 1460 the child; 1461 (B) is identified by a law enforcement agency as the primary suspect in an 1462 investigation for intentionally, knowingly, or recklessly causing the death of 1463 another parent of the child; or 1464 (C) is being prosecuted for or has been convicted of intentionally, knowingly, or 1465 recklessly causing the death of another parent of the child. 1466 (b)(i) Prima facie evidence of the finding described in Subsection (9)(a)(i) is 1467 established if: 1468 (A) a court previously adjudicated that the child suffered abuse, neglect, or 1469 dependency involving the parent; and 1470 (B) a subsequent incident of abuse, neglect, or dependency involving the parent 1471 occurs. 1472 (ii) For purposes of Subsection (9)(a)(iv), if the juvenile court finds that the parent 1473 knowingly allowed the child to be in the physical care of an individual after the 1474 parent received actual notice that the individual physically abused, sexually 1475 abused, or sexually exploited the child, that fact is prima facie evidence that there 1476 is a substantial risk that the child will be physically abused, sexually abused, or 1477 sexually exploited. 1478 (10)(a)(i) The juvenile court shall make a determination on the record as to whether 1479 reasonable efforts were made to prevent or eliminate the need for removal of the 1480 child from the child's home and whether there are available services that would 1481 prevent the need for continued removal. 1482 (ii) If the juvenile court finds that the child can be safely returned to the custody of 1483 the child's parent or guardian through the provision of the services described in 1484 Subsection (10)(a)(i), the juvenile court shall place the child with the child's 1485 parent or guardian and order that the services be provided by the division. 1486 (b) In accordance with federal law, the juvenile court shall consider the child's health, 1487 safety, and welfare as the paramount concern when making the determination 1488 described in Subsection (10)(a), and in ordering and providing the services described 1489 in Subsection (10)(a). - 44 - Enrolled Copy H.B. 283 1490 (11) If the division's first contact with the family occurred during an emergency situation in 1491 which the child could not safely remain at home, the juvenile court shall make a finding 1492 that any lack of preplacement preventive efforts, as described in Section 80-2a-302, was 1493 appropriate. 1494 (12) In cases where sexual abuse, sexual exploitation, abandonment, severe abuse, or severe 1495 neglect are involved, the juvenile court and the division do not have any duty to make 1496 reasonable efforts or to, in any other way, attempt to maintain a child in the child's 1497 home, return a child to the child's home, provide reunification services, or attempt to 1498 rehabilitate the offending parent or parents. 1499 (13) The juvenile court may not order continued removal of a child solely on the basis of 1500 educational neglect, truancy, or failure to comply with a court order to attend school. 1501 (14)(a) If a juvenile court orders continued removal of a child under this section, the 1502 juvenile court shall state the facts on which the decision is based. 1503 (b) If no continued removal is ordered and the child is returned home, the juvenile court 1504 shall state the facts on which the decision is based. 1505 (15) If the juvenile court finds that continued removal and temporary custody are necessary 1506 for the protection of a child under Subsection (9)(a), the juvenile court shall order 1507 continued removal regardless of: 1508 (a) any error in the initial removal of the child; 1509 (b) the failure of a party to comply with notice provisions; or 1510 (c) any other procedural requirement of this chapter, Chapter 2, Child Welfare Services, 1511 or Chapter 2a, Removal and Protective Custody of a Child. 1512 Section 13. Section 80-3-302 is amended to read: 1513 80-3-302 . Shelter hearing -- Placement of a child. 1514 (1) As used in this section: 1515 (a) "Asserted an interest" means to communicate, verbally or in writing, to the division 1516 or the court, that the relative or friend is interested in becoming a placement for the 1517 child. 1518 (b)(i) "Natural parent," notwithstanding Section 80-1-102, means: 1519 (A) a biological or adoptive mother of the child; 1520 (B) an adoptive father of the child; or 1521 (C) a biological father of the child who: 1522 (I) was married to the child's biological mother at the time the child was 1523 conceived or born; or - 45 - H.B. 283 Enrolled Copy 1524 (II) has strictly complied with Sections 78B-6-120 through 78B-6-122, before 1525 removal of the child or voluntary surrender of the child by the custodial 1526 parent. 1527 (ii) "Natural parent" includes the individuals described in Subsection (1)(b) 1528 regardless of whether the child has been or will be placed with adoptive parents or 1529 whether adoption has been or will be considered as a long-term goal for the child. 1530 (2)(a) At the shelter hearing, if the juvenile court orders that a child be removed from the 1531 custody of the child's parent in accordance with Section 80-3-301, the juvenile court 1532 shall first determine whether there is another natural parent with whom the child was 1533 not residing at the time the events or conditions that brought the child within the 1534 juvenile court's jurisdiction occurred, who desires to assume custody of the child. 1535 (b) Subject to Subsection (7), if another natural parent requests custody under 1536 Subsection (2)(a), the juvenile court shall place the child with that parent unless the 1537 juvenile court finds that the placement would be unsafe or otherwise detrimental to 1538 the child. 1539 (c) The juvenile court: 1540 (i) shall make a specific finding regarding the fitness of the parent described in 1541 Subsection (2)(b) to assume custody, and the safety and appropriateness of the 1542 placement; 1543 (ii) shall, at a minimum, order the division to visit the parent's home, comply with the 1544 criminal background check provisions described in Section 80-3-305, and check 1545 the Management Information System for any previous reports of abuse or neglect 1546 received by the division regarding the parent at issue; 1547 (iii) may order the division to conduct any further investigation regarding the safety 1548 and appropriateness of the placement; and 1549 (iv) may place the child in the temporary custody of the division, pending the 1550 juvenile court's determination regarding the placement. 1551 (d) The division shall report the division's findings from an investigation under 1552 Subsection (2)(c), regarding the child in writing to the juvenile court. 1553 (3) If the juvenile court orders placement with a parent under Subsection (2): 1554 (a) the child and the parent are under the continuing jurisdiction of the juvenile court; 1555 (b) the juvenile court may order: 1556 (i) that the parent take custody subject to the supervision of the juvenile court; and 1557 (ii) that services be provided to the parent from whose custody the child was - 46 - Enrolled Copy H.B. 283 1558 removed, the parent who has assumed custody, or both; and 1559 (c) the juvenile court shall order reasonable parent-time with the parent from whose 1560 custody the child was removed, unless parent-time is not in the best interest of the 1561 child. 1562 (4) The juvenile court shall periodically review an order described in Subsection (3) to 1563 determine whether: 1564 (a) placement with the parent continues to be in the child's best interest; 1565 (b) the child should be returned to the original custodial parent; 1566 (c) the child should be placed with a relative under Subsections (6) through (9); or 1567 (d) the child should be placed in the temporary custody of the division. 1568 (5)(a) Legal custody of the child is not affected by an order entered under Subsection (2) 1569 or (3). 1570 (b) To affect a previous court order regarding legal custody, the party shall petition the 1571 court for modification of legal custody. 1572 (6) Subject to Subsection (7), if, at the time of the shelter hearing, a child is removed from 1573 the custody of the child's parent and is not placed in the custody of the child's other 1574 parent, the juvenile court: 1575 (a) shall, at that time, determine whether there is a relative or a friend who is able and 1576 willing to care for the child, which may include asking a child, who is of sufficient 1577 maturity to articulate the child's wishes in relation to a placement, if there is a relative 1578 or friend with whom the child would prefer to reside; 1579 (b) may order the division to conduct a reasonable search to determine whether there are 1580 relatives or friends who are willing and appropriate, in accordance with the 1581 requirements of this chapter, Chapter 2, Child Welfare Services, and Chapter 2a, 1582 Removal and Protective Custody of a Child, for placement of the child; 1583 (c) shall order the parents to cooperate with the division, within five working days, to 1584 provide information regarding relatives or friends who may be able and willing to 1585 care for the child; and 1586 (d) may order that the child be placed in the temporary custody of the division pending 1587 the determination under Subsection (6)(a). 1588 (7)(a)(i) Subject to Subsection (7)(b), and if the provisions of this section are 1589 satisfied, the division and the juvenile court shall give preferential consideration to 1590 a relative's or a friend's request for placement of the child, if the placement is in 1591 the best interest of the child. - 47 - H.B. 283 Enrolled Copy 1592 (ii) If a relative or friend verbally communicates to the division or court that the 1593 relative or friend is interested in becoming a placement for the child, the division 1594 or court shall make a written record of the communication and include that written 1595 record in the report the division submits at the initial dispositional hearing, a 1596 report the division submits under Section 80-3-408, or the court's legal file. 1597 (b)(i)(A) The preferential consideration that the juvenile court or division initially 1598 grants a friend under Subsection (7)(a)(i) expires 120 days after the day on 1599 which the shelter hearing occurs. 1600 (B) After the day on which the time period described in Subsection (7)(b)(i)(A) 1601 expires, the division or the juvenile court may not grant preferential 1602 consideration to a friend, who has not obtained custody or asserted an interest 1603 in the child. 1604 (ii)(A) Until eight months after the day on which the shelter hearing occurs, the 1605 preferential consideration that the juvenile court or division grants a relative 1606 under Subsection (7)(a)(i) is a rebuttable presumption that placement of the 1607 child with a relative is in the best interest of the child. 1608 (B) After the rebuttable presumption described in Subsection (7)(b)(ii)(A) expires, 1609 the juvenile court or division shall give preferential consideration to a relative's 1610 request for placement of the child, if the placement is in the best interest of the 1611 child considering the totality of the circumstances. 1612 (C) If a relative asserts an interest in becoming a placement for the child more 1613 than one year after the day on which the shelter hearing occurs, the juvenile 1614 court may not give the relative the preferential consideration described in 1615 Subsection (7)(b)(ii)(B). 1616 (c) The following order of preference shall be applied when determining the individual 1617 with whom a child will be placed, provided that the individual is willing and able to 1618 care for the child: 1619 (i) a noncustodial parent of the child; 1620 (ii) a relative of the child; 1621 (iii) subject to Subsection (7)(d), a friend if the friend is a licensed foster parent; and 1622 (iv) other placements that are consistent with the requirements of law. 1623 (d) In determining whether a friend is a willing, able, and appropriate placement for a 1624 child, the juvenile court or the division: 1625 (i) subject to Subsections (7)(d)(ii) through (iv), shall consider the child's preferences - 48 - Enrolled Copy H.B. 283 1626 or level of comfort with the friend; 1627 (ii) is required to consider no more than one friend designated by each parent of the 1628 child and one friend designated by the child if the child is of sufficient maturity to 1629 articulate the child's wishes in relation to a placement; 1630 (iii) may limit the number of designated friends to two, one of whom shall be a friend 1631 designated by the child if the child is of sufficient maturity to articulate the child's 1632 wishes in relation to a placement; and 1633 (iv) shall give preference to a friend designated by the child if: 1634 (A) the child is of sufficient maturity to articulate the child's wishes; and 1635 (B) the basis for removing the child under Section 80-3-301 is sexual abuse of the 1636 child. 1637 (e)(i) If a parent of the child or the child, if the child is of sufficient maturity to 1638 articulate the child's wishes in relation to a placement, is not able to designate a 1639 friend who is a licensed foster parent for placement of the child, but is able to 1640 identify a friend who is willing to become licensed as a foster parent, the 1641 department shall fully cooperate to expedite the licensing process for the friend. 1642 (ii) If the friend described in Subsection (7)(e)(i) becomes licensed as a foster parent 1643 within the time frame described in Subsection (7)(b)(i), the juvenile court shall 1644 determine whether it is in the best interest of the child to place the child with the 1645 friend. 1646 (8)(a) If a relative or friend who is willing to cooperate with the child's permanency goal 1647 is identified under Subsection (6)(a), the juvenile court: 1648 (i) shall make a specific finding regarding: 1649 (A) the fitness of that relative or friend as a placement for the child; and 1650 (B) the safety and appropriateness of placement with the relative or friend; and 1651 (ii) may not consider a request for guardianship or adoption of the child by an 1652 individual who is not a relative of the child, or prevent the division from placing 1653 the child in the custody of a relative of the child in accordance with this part, until 1654 after the day on which the juvenile court makes the findings under Subsection 1655 (8)(a)(i). 1656 (b) In making the finding described in Subsection (8)(a), the juvenile court shall, at a 1657 minimum, order the division to: 1658 (i) if the child may be placed with a relative, conduct a background check that 1659 includes: - 49 - H.B. 283 Enrolled Copy 1660 (A) completion of a nonfingerprint-based, Utah Bureau of Criminal Identification 1661 background check of the relative; 1662 (B) a completed search, relating to the relative, of the Management Information 1663 System; and 1664 (C) a background check that complies with the criminal background check 1665 provisions described in Section 80-3-305, of each nonrelative of the child who 1666 resides in the household where the child may be placed; 1667 (ii) if the child will be placed with a noncustodial parent, complete a background 1668 check that includes: 1669 (A) the background check requirements applicable to an emergency placement 1670 with a noncustodial parent that are described in Subsections 80-2a-301(4) and 1671 (6); 1672 (B) a completed search, relating to the noncustodial parent of the child, of the 1673 Management Information System; and 1674 (C) a background check that complies with the criminal background check 1675 provisions described in Section 80-3-305, of each nonrelative of the child who 1676 resides in the household where the child may be placed; 1677 (iii) if the child may be placed with an individual other than a noncustodial parent or 1678 a relative, conduct a criminal background check of the individual, and each adult 1679 that resides in the household where the child may be placed, that complies with 1680 the criminal background check provisions described in Section 80-3-305; 1681 (iv) visit the relative's or friend's home; 1682 (v) check the Management Information System for any previous reports of abuse or 1683 neglect regarding the relative or friend at issue; 1684 (vi) report the division's findings in writing to the juvenile court; and 1685 (vii) provide sufficient information so that the juvenile court may determine whether: 1686 (A) the relative or friend has any history of abusive or neglectful behavior toward 1687 other children that may indicate or present a danger to this child; 1688 (B) the child is comfortable with the relative or friend; 1689 (C) the relative or friend recognizes the parent's history of abuse and is committed 1690 to protect the child; 1691 (D) the relative or friend is strong enough to resist inappropriate requests by the 1692 parent for access to the child, in accordance with court orders; 1693 (E) the relative or friend is committed to caring for the child as long as necessary; - 50 - Enrolled Copy H.B. 283 1694 and 1695 (F) the relative or friend can provide a secure and stable environment for the child. 1696 (c) The division may determine to conduct, or the juvenile court may order the division 1697 to conduct, any further investigation regarding the safety and appropriateness of the 1698 placement described in Subsection (8)(a). 1699 (d) The division shall complete and file the division's assessment regarding placement 1700 with a relative or friend under Subsections (8)(a) and (b) as soon as practicable, in an 1701 effort to facilitate placement of the child with a relative or friend. 1702 (9)(a) The juvenile court may place a child described in Subsection (2)(a) in the 1703 temporary custody of the division, pending the division's investigation under 1704 Subsection (8), and the juvenile court's determination regarding the appropriateness 1705 of the placement. 1706 (b) The juvenile court shall ultimately base the juvenile court's determination regarding 1707 the appropriateness of a placement with a relative or friend on the best interest of the 1708 child. 1709 (10) If a juvenile court places a child described in Subsection (6) with the child's relative or 1710 friend: 1711 (a) the juvenile court shall: 1712 (i) order the relative or friend take custody, subject to the continuing supervision of 1713 the juvenile court; 1714 (ii) provide for reasonable parent-time with the parent or parents from whose custody 1715 the child is removed, unless parent-time is not in the best interest of the child; and 1716 (iii) conduct a periodic review no less often than every six months, to determine 1717 whether: 1718 (A) placement with a relative or friend continues to be in the child's best interest; 1719 (B) the child should be returned home; or 1720 (C) the child should be placed in the custody of the division; 1721 (b) the juvenile court may enter an order: 1722 (i) requiring the division to provide necessary services to the child and the child's 1723 relative or friend, including the monitoring of the child's safety and well-being; or 1724 (ii) that the juvenile court considers necessary for the protection and best interest of 1725 the child; and 1726 (c) the child and the relative or friend in whose custody the child is placed are under the 1727 continuing jurisdiction of the juvenile court. - 51 - H.B. 283 Enrolled Copy 1728 (11) No later than 12 months after the day on which the child is removed from the home, 1729 the juvenile court shall schedule a hearing for the purpose of entering a permanent order 1730 in accordance with the best interest of the child. 1731 (12) The time limitations described in Section 80-3-406, with regard to reunification 1732 efforts, apply to a child placed with a previously noncustodial parent under Subsection 1733 (2) or with a relative or friend under Subsection (6). 1734 (13)(a) If the juvenile court awards temporary custody of a child to the division, and the 1735 division places the child with a relative, the division shall: 1736 (i) conduct a criminal background check of the relative that complies with the 1737 criminal background check provisions described in Section 80-3-305; and 1738 (ii) if the results of the criminal background check described in Subsection (13)(a)(i) 1739 would prohibit the relative from having direct access to the child under Section 1740 26B-2-120, the division shall: 1741 (A) take the child into physical custody; and 1742 (B) within three days, excluding weekends and holidays, after the day on which 1743 the child is taken into physical custody under Subsection (13)(a)(ii)(A), give 1744 written notice to the juvenile court, and all parties to the proceedings, of the 1745 division's action. 1746 (b) Subsection (13)(a) does not prohibit the division from placing a child with a relative, 1747 pending the results of the background check described in Subsection (13)(a) on the 1748 relative. 1749 (14) If the juvenile court orders that a child be removed from the custody of the child's 1750 parent and does not award custody and guardianship to another parent, relative, or friend 1751 under this section, the juvenile court shall order that the child be placed in the temporary 1752 custody of the division, to proceed to adjudication and disposition and to be provided 1753 with care and services in accordance with this chapter, Chapter 2, Child Welfare Services, 1754 and Chapter 2a, Removal and Protective Custody of a Child. 1755 (15)(a) If a child reenters the temporary custody or the custody of the division and the 1756 child is not placed with an individual who is a parent, relative, or friend, the division 1757 shall: 1758 (i) notify the child's former foster parents; and 1759 (ii) upon a determination of the former foster parents' willingness and ability to safely 1760 and appropriately care for the child, give the former foster parents preference for 1761 placement of the child. - 52 - Enrolled Copy H.B. 283 1762 (b) If, after the shelter hearing, the child is placed with an individual who is not a parent, 1763 a relative, a friend, or a former foster parent of the child, priority shall be given to a 1764 foster placement with a married couple, unless it is in the best interests of the child to 1765 place the child with a single foster parent. 1766 (16) In determining the placement of a child, the juvenile court and the division may not 1767 take into account, or discriminate against, the religion of an individual with whom the 1768 child may be placed, unless the purpose of taking religion into account is to place the 1769 child with an individual or family of the same religion as the child. 1770 (17) If the juvenile court's decision differs from a child's express wishes if the child is of 1771 sufficient maturity to articulate the wishes in relation to the child's placement, the 1772 juvenile court shall make findings explaining why the juvenile court's decision differs 1773 from the child's wishes. 1774 (18) This section does not guarantee that an identified relative or friend will receive custody 1775 of the child. 1776 (19)(a) If, for a relative placement, an interstate placement requested under the Interstate 1777 Compact on the Placement of Children has been initiated by the division or is ordered 1778 by or pending before the juvenile court, the court may not finalize a non-relative 1779 placement unless the court gives due weight to: 1780 (i) the preferential consideration granted to a relative in Section 80-3-302; 1781 (ii) the rebuttable presumption in Section 80-3-302; and 1782 (iii) the division's placement authority under Subsections [80-1-102(50)] 80-1-102(51) 1783 and 80-3-303(1). 1784 (b) Nothing in this section affects the ability of a foster parent to petition the juvenile 1785 court under Subsection 80-3-502(3). 1786 Section 14. Section 80-3-303 is amended to read: 1787 80-3-303 . Post-shelter hearing placement of a child in division's temporary 1788 custody. 1789 (1) If the juvenile court awards temporary custody of a child to the division under Section 1790 80-3-302, or as otherwise permitted by law, the division shall determine ongoing 1791 placement of the child. 1792 (2) In placing a child under Subsection (1), the division: 1793 (a) except as provided in Subsections (2)(b) and (e), shall comply with the applicable 1794 background check provisions described in Section 80-3-302; 1795 (b) is not required to receive approval from the juvenile court before making the - 53 - H.B. 283 Enrolled Copy 1796 placement; 1797 (c) shall consider the preferential consideration and rebuttable presumption described in 1798 Subsection 80-3-302(7)(a); 1799 (d) shall, within three days, excluding weekends and holidays, after the day on which the 1800 placement is made, give written notice to the juvenile court, and the parties to the 1801 proceedings, that the placement has been made; 1802 (e) may place the child with a noncustodial parent, relative, or friend, using the same 1803 criteria established for an emergency placement under Section 80-2a-301, pending 1804 the results of: 1805 (i) the background check described in Subsection 80-3-302(13)(a); and 1806 (ii) evaluation with the noncustodial parent, relative, or friend to determine the 1807 individual's capacity to provide ongoing care to the child; and 1808 (f) shall take into consideration the will of the child, if the child is of sufficient maturity 1809 to articulate the child's wishes in relation to the child's placement. 1810 (3) If the division's placement decision differs from a child's express wishes and the child is 1811 of sufficient maturity to state the child's wishes in relation to the child's placement, the 1812 division shall: 1813 (a) make written findings explaining why the division's decision differs from the child's 1814 wishes; and 1815 (b) provide the written findings to the juvenile court and the child's attorney guardian ad 1816 litem. 1817 (4)(a) If, for a relative placement, an interstate placement requested under the Interstate 1818 Compact on the Placement of Children has been initiated by the division or is ordered 1819 by or pending before the juvenile court, the court may not finalize a non-relative 1820 placement unless the court gives due weight to: 1821 (i) the preferential consideration granted to a relative in Section 80-3-302; 1822 (ii) the rebuttable presumption in Section 80-3-302; and 1823 (iii) the division's placement authority under Subsections [80-1-102(50)] 80-1-102(51) 1824 and 80-3-303(1). 1825 (b) Nothing in this section affects the ability of a foster parent to petition the juvenile 1826 court under Subsection 80-3-502(3). 1827 Section 15. Section 80-3-405 is amended to read: 1828 80-3-405 . Dispositions after adjudication. 1829 (1) Upon adjudication under Subsection 80-3-402(1), the juvenile court may make the - 54 - Enrolled Copy H.B. 283 1830 dispositions described in Subsection (2) at the dispositional hearing. 1831 (2)(a)(i) The juvenile court may vest custody of an abused, neglected, or dependent 1832 minor in the division or any other appropriate person, with or without 1833 court-specified child welfare services, in accordance with the requirements and 1834 procedures of this chapter. 1835 (ii) When placing a minor in the custody of the division or any other appropriate 1836 person, the juvenile court: 1837 (A) shall give primary consideration to the welfare of the minor; 1838 (B) shall give due consideration to the rights of the parent or parents concerning 1839 the minor; and 1840 (C) when practicable, may take into consideration the religious preferences of the 1841 minor and of the minor's parents or guardian. 1842 (b)(i) The juvenile court may appoint a guardian for the minor if it appears necessary 1843 in the interest of the minor. 1844 (ii) A guardian appointed under Subsection (2)(b)(i) may be a public or private 1845 institution or agency, but not a nonsecure residential placement provider, in which 1846 legal custody of the minor is vested. 1847 (iii) When placing a minor under the guardianship of an individual or of a private 1848 agency or institution, the juvenile court: 1849 (A) shall give primary consideration to the welfare of the minor; and 1850 (B) when practicable, may take into consideration the religious preferences of the 1851 minor and of the minor's parents or guardian. 1852 (c) The juvenile court may order: 1853 (i) protective supervision; 1854 (ii) family preservation; 1855 (iii) sibling visitation; or 1856 (iv) other services. 1857 (d)(i) If a minor has been placed with an individual or relative as a result of an 1858 adjudication under this chapter, the juvenile court may enter an order of 1859 permanent legal custody and guardianship with the individual or relative of the 1860 minor. 1861 (ii) If a juvenile court enters an order of permanent custody and guardianship with an 1862 individual or relative of a minor under Subsection (2)(d)(i), the juvenile court 1863 may, in accordance with Section 78A-6-356, enter an order for child support on - 55 - H.B. 283 Enrolled Copy 1864 behalf of the minor against the natural parents of the minor. 1865 (iii) An order under this Subsection (2)(d): 1866 (A) shall remain in effect until the minor is 18 years old; 1867 (B) is not subject to review under Section 78A-6-358; and 1868 (C) may be modified by petition or motion as provided in Section 78A-6-357. 1869 (e) The juvenile court may order a child be committed to the physical custody, as 1870 defined in Section 26B-5-401, of a local mental health authority, in accordance with 1871 the procedures and requirements of Title 26B, Chapter 5, Part 4, Commitment of 1872 Persons Under Age 18. 1873 (f)(i) If the child has an intellectual disability, the juvenile court may make an order 1874 committing a minor to the Utah State Developmental Center in accordance with 1875 Title 26B, Chapter 6, Part 6, Admission to an Intermediate Care Facility for 1876 People with an Intellectual Disability. 1877 (ii) The juvenile court shall follow the procedure applicable in the district court with 1878 respect to judicial commitments to the Utah State Developmental Center when 1879 ordering a commitment under Subsection (2)(f)(i). 1880 (g)(i) Subject to Subsection [80-1-102(58)(b)] 80-1-102(59)(b) and Section 80-3-304, 1881 the juvenile court may order that a minor: 1882 (A) be examined or treated by a mental health therapist, as described in Section 1883 80-3-109; or 1884 (B) receive other special care. 1885 (ii) For purposes of receiving the examination, treatment, or care described in 1886 Subsection (2)(g)(i), the juvenile court may place the minor in a hospital or other 1887 suitable facility that is not secure care or secure detention. 1888 (iii) In determining whether to order the examination, treatment, or care described in 1889 Subsection (2)(g)(i), the juvenile court shall consider: 1890 (A) the desires of the minor; 1891 (B) the desires of the parent or guardian of the minor if the minor is younger than 1892 18 years old; and 1893 (C) whether the potential benefits of the examination, treatment, or care outweigh 1894 the potential risks and side-effects, including behavioral disturbances, suicidal 1895 ideation, brain function impairment, or emotional or physical harm resulting 1896 from the compulsory nature of the examination, treatment, or care. 1897 (h) The juvenile court may make other reasonable orders for the best interest of the - 56 - Enrolled Copy H.B. 283 1898 minor. 1899 (3)(a) At the dispositional hearing described in Subsection 80-3-402(3), if a child 1900 remains in an out-of-home placement, the juvenile court shall: 1901 (i) make specific findings regarding the conditions of parent-time that are in the 1902 child's best interest; and 1903 (ii) if parent-time is denied, state the facts that justify the denial. 1904 (b) Parent-time shall be under the least restrictive conditions necessary to: 1905 (i) protect the physical safety of the child; or 1906 (ii) prevent the child from being traumatized by contact with the parent due to the 1907 child's fear of the parent in light of the nature of the alleged abuse or neglect. 1908 (c)(i) The division or the person designated by the division or a court to supervise a 1909 parent-time session may deny parent-time for the session if the division or the 1910 supervising person determines that, based on the parent's condition, it is necessary 1911 to deny parent-time to: 1912 (A) protect the physical safety of the child; 1913 (B) protect the life of the child; or 1914 (C) consistent with Subsection (3)(c)(ii), prevent the child from being traumatized 1915 by contact with the parent. 1916 (ii) In determining whether the condition of the parent described in Subsection 1917 (3)(c)(i) will traumatize a child, the division or the person supervising the 1918 parent-time session shall consider the impact that the parent's condition will have 1919 on the child in light of: 1920 (A) the child's fear of the parent; and 1921 (B) the nature of the alleged abuse or neglect. 1922 (4) Upon an adjudication under this chapter, the juvenile court may not: 1923 (a) commit a minor solely on the ground of abuse, neglect, or dependency to the 1924 Division of Juvenile Justice and Youth Services; 1925 (b) assume the function of developing foster home services; or 1926 (c) vest legal custody of an abused, neglected, or dependent minor in the division to 1927 primarily address the minor's ungovernable or other behavior, mental health, or 1928 disability, unless the division: 1929 (i) engages other relevant divisions within the department that are conducting an 1930 assessment of the minor and the minor's family's needs; 1931 (ii) based on the assessment described in Subsection (4)(c)(i), determines that vesting - 57 - H.B. 283 Enrolled Copy 1932 custody of the minor in the division is the least restrictive intervention for the 1933 minor that meets the minor's needs; and 1934 (iii) consents to legal custody of the minor being vested in the division. 1935 (5) The juvenile court may combine the dispositions listed in Subsection (2) if combining 1936 the dispositions is permissible and the dispositions are compatible. 1937 (6)(a) If, for a relative placement, an interstate placement requested under the Interstate 1938 Compact on the Placement of Children has been initiated by the division or is ordered 1939 by or pending before the juvenile court, the court may not finalize a non-relative 1940 placement unless the court gives due weight to: 1941 (i) the preferential consideration granted to a relative in Section 80-3-302; 1942 (ii) the rebuttable presumption in Section 80-3-302; and 1943 (iii) the division's placement authority under Subsections [80-1-102(50)] 80-1-102(51) 1944 and 80-3-303(1). 1945 (b) Nothing in this section affects the ability of a foster parent to petition the juvenile 1946 court under Subsection 80-3-502(3). 1947 Section 16. Section 80-3-406 is amended to read: 1948 80-3-406 . Permanency plan -- Reunification services. 1949 (1) If the juvenile court orders continued removal at the dispositional hearing under Section 1950 80-3-402, and that the minor remain in the custody of the division, the juvenile court 1951 shall first: 1952 (a) establish a primary permanency plan and a concurrent permanency plan for the minor 1953 in accordance with this section; and 1954 (b) determine whether, in view of the primary permanency plan, reunification services 1955 are appropriate for the minor and the minor's family under Subsections (5) through (8). 1956 (2)(a) The concurrent permanency plan shall include: 1957 (i) a representative list of the conditions under which the primary permanency plan 1958 will be abandoned in favor of the concurrent permanency plan; and 1959 (ii) an explanation of the effect of abandoning or modifying the primary permanency 1960 plan. 1961 (b) In determining the primary permanency plan and concurrent permanency plan, the 1962 juvenile court shall consider: 1963 (i) the preference for kinship placement over nonkinship placement, including the 1964 rebuttable presumption described in Subsection 80-3-302(7)(a); 1965 (ii) the potential for a guardianship placement if parental rights are terminated and no - 58 - Enrolled Copy H.B. 283 1966 appropriate adoption placement is available; and 1967 (iii) the use of an individualized permanency plan, only as a last resort. 1968 (3)(a) The juvenile court may amend a minor's primary permanency plan before the 1969 establishment of a final permanency plan under Section 80-3-409. 1970 (b) The juvenile court is not limited to the terms of the concurrent permanency plan in 1971 the event that the primary permanency plan is abandoned. 1972 (c) If, at any time, the juvenile court determines that reunification is no longer a minor's 1973 primary permanency plan, the juvenile court shall conduct a permanency hearing in 1974 accordance with Section 80-3-409 on or before the earlier of: 1975 (i) 30 days after the day on which the juvenile court makes the determination 1976 described in this Subsection (3)(c); or 1977 (ii) the day on which the provision of reunification services, described in Section 1978 80-3-409, ends. 1979 (4)(a) Because of the state's interest in and responsibility to protect and provide 1980 permanency for minors who are abused, neglected, or dependent, the Legislature 1981 finds that a parent's interest in receiving reunification services is limited. 1982 (b) The juvenile court may determine that: 1983 (i) efforts to reunify a minor with the minor's family are not reasonable or 1984 appropriate, based on the individual circumstances; and 1985 (ii) reunification services should not be provided. 1986 (c) In determining reasonable efforts to be made with respect to a minor, and in making 1987 reasonable efforts, the juvenile court and the division shall consider the minor's 1988 health, safety, and welfare as the paramount concern. 1989 (d) Subject to Subsection (4)(e), the juvenile court may not determine that reunification 1990 services should not be provided solely on the basis of a parent's agreement or 1991 disagreement with the minor's: 1992 (i) assertion that the minor's gender identity is different from the minor's biological 1993 sex; 1994 (ii) practice of having or expressing a different gender identity than the child's 1995 biological sex; or 1996 (iii) sexual orientation. 1997 (e) Subsection (4)(d) does not preclude the juvenile court from determining that 1998 reunification services should not be provided if the parent's agreement or 1999 disagreement with a minor as described in Subsection (4)(d) results in or is related to - 59 - H.B. 283 Enrolled Copy 2000 harm, as that term is defined in Section 80-1-102, to the minor. 2001 (5) There is a presumption that reunification services should not be provided to a parent if 2002 the juvenile court finds, by clear and convincing evidence, that any of the following 2003 circumstances exist: 2004 (a) the whereabouts of the parents are unknown, based on a verified affidavit indicating 2005 that a reasonably diligent search has failed to locate the parent; 2006 (b) subject to Subsection (6)(a), the parent is suffering from a mental illness of such 2007 magnitude that the mental illness renders the parent incapable of utilizing 2008 reunification services; 2009 (c) the minor was previously adjudicated as an abused child due to physical abuse, 2010 sexual abuse, or sexual exploitation, and following the adjudication the child: 2011 (i) was removed from the custody of the minor's parent; 2012 (ii) was subsequently returned to the custody of the parent; and 2013 (iii) is being removed due to additional physical abuse, sexual abuse, or sexual 2014 exploitation; 2015 (d) the parent: 2016 (i) caused the death of another minor through abuse or neglect; 2017 (ii) committed, aided, abetted, attempted, conspired, or solicited to commit: 2018 (A) murder or manslaughter of a minor; or 2019 (B) child abuse homicide; 2020 (iii) committed sexual abuse against the minor; 2021 (iv) is a registered sex offender or required to register as a sex offender; or 2022 (v)(A) intentionally, knowingly, or recklessly causes the death of another parent 2023 of the minor; 2024 (B) is identified by a law enforcement agency as the primary suspect in an 2025 investigation for intentionally, knowingly, or recklessly causing the death of 2026 another parent of the minor; or 2027 (C) is being prosecuted for or has been convicted of intentionally, knowingly, or 2028 recklessly causing the death of another parent of the minor; 2029 (e) the minor suffered severe abuse by the parent or by any individual known by the 2030 parent if the parent knew or reasonably should have known that the individual was 2031 abusing the minor; 2032 (f) the minor is adjudicated as an abused minor as a result of severe abuse by the parent, 2033 and the juvenile court finds that it would not benefit the minor to pursue reunification - 60 - Enrolled Copy H.B. 283 2034 services with the offending parent; 2035 (g) the parent's rights are terminated with regard to any other minor; 2036 (h) the minor was removed from the minor's home on at least two previous occasions 2037 and reunification services were offered or provided to the family at those times; 2038 (i) the parent has abandoned the minor for a period of six months or longer; 2039 (j) the parent permitted the minor to reside, on a permanent or temporary basis, at a 2040 location where the parent knew or should have known that a clandestine laboratory 2041 operation was located; 2042 (k) except as provided in Subsection (6)(b), with respect to a parent who is the minor's 2043 birth mother, the minor has fetal alcohol syndrome, fetal alcohol spectrum disorder, 2044 or was exposed to an illegal or prescription drug that was abused by the minor's 2045 mother while the minor was in utero, if the minor was taken into division custody for 2046 that reason, unless the mother agrees to enroll in, is currently enrolled in, or has 2047 recently and successfully completed a substance use disorder treatment program 2048 approved by the department; or 2049 (l) subject to Subsection (4)(d), any other circumstance that the juvenile court 2050 determines should preclude reunification efforts or services. 2051 (6)(a) The juvenile court shall base the finding under Subsection (5)(b) on competent 2052 evidence from at least two medical or mental health professionals, who are not 2053 associates, establishing that, even with the provision of services, the parent is not 2054 likely to be capable of adequately caring for the minor within 12 months after the day 2055 on which the juvenile court finding is made. 2056 (b) The juvenile court may disregard the provisions of Subsection (5)(k) if the juvenile 2057 court finds, under the circumstances of the case, that the substance use disorder 2058 treatment described in Subsection (5)(k) is not warranted. 2059 (7) In determining whether reunification services are appropriate, the juvenile court shall 2060 take into consideration: 2061 (a) failure of the parent to respond to previous services or comply with a previous child 2062 and family plan; 2063 (b) the fact that the minor was abused while the parent was under the influence of drugs 2064 or alcohol; 2065 (c) any history of violent behavior directed at the minor or an immediate family member; 2066 (d) whether a parent continues to live with an individual who abused the minor; 2067 (e) any patterns of the parent's behavior that have exposed the minor to repeated abuse; - 61 - H.B. 283 Enrolled Copy 2068 (f) testimony by a competent professional that the parent's behavior is unlikely to be 2069 successful; and 2070 (g) whether the parent has expressed an interest in reunification with the minor. 2071 (8) If, under Subsections (5)(b) through (l), the juvenile court does not order reunification 2072 services, a permanency hearing shall be conducted within 30 days in accordance with 2073 Section 80-3-409. 2074 (9)(a) Subject to Subsections (9)(b) through (e), if the juvenile court determines that 2075 reunification services are appropriate for the minor and the minor's family, the 2076 juvenile court shall provide for reasonable parent-time with the parent or parents 2077 from whose custody the minor was removed, unless parent-time is not in the best 2078 interest of the minor. 2079 (b) Parent-time is in the best interests of a minor unless the juvenile court makes a 2080 finding that it is necessary to deny parent-time in order to: 2081 (i) protect the physical safety of the minor; 2082 (ii) protect the life of the minor; or 2083 (iii) prevent the minor from being traumatized by contact with the parent due to the 2084 minor's fear of the parent in light of the nature of the alleged abuse or neglect. 2085 (c) Notwithstanding Subsection (9)(a), a juvenile court may not deny parent-time based 2086 solely on a parent's failure to: 2087 (i) prove that the parent has not used legal or illegal substances; or 2088 (ii) comply with an aspect of the child and family plan that is ordered by the juvenile 2089 court. 2090 (d) Parent-time shall be under the least restrictive conditions necessary to: 2091 (i) protect the physical safety of the child; or 2092 (ii) prevent the child from being traumatized by contact with the parent due to the 2093 minor's fear of the parent in light of the nature of the alleged abuse or neglect. 2094 (e)(i) The division or the person designated by the division or a court to supervise a 2095 parent-time session may deny parent-time for the session if the division or the 2096 supervising person determines that, based on the parent's condition, it is necessary 2097 to deny parent-time to: 2098 (A) protect the physical safety of the child; 2099 (B) protect the life of the child; or 2100 (C) consistent with Subsection (9)(e)(ii), prevent the child from being traumatized 2101 by contact with the parent. - 62 - Enrolled Copy H.B. 283 2102 (ii) In determining whether the condition of the parent described in Subsection 2103 (9)(e)(i) will traumatize a child, the division or the person supervising the 2104 parent-time session shall consider the impact that the parent's condition will have 2105 on the child in light of: 2106 (A) the child's fear of the parent; and 2107 (B) the nature of the alleged abuse or neglect. 2108 (10)(a) If the juvenile court determines that reunification services are appropriate, the 2109 juvenile court shall order that the division make reasonable efforts to provide services 2110 to the minor and the minor's parent for the purpose of facilitating reunification of the 2111 family, for a specified period of time. 2112 (b) In providing the services described in Subsection (10)(a), the juvenile court and the 2113 division shall consider the minor's health, safety, and welfare as the paramount 2114 concern. 2115 (11) In cases where sexual abuse, sexual exploitation, abandonment, severe abuse, or severe 2116 neglect are involved: 2117 (a) the juvenile court does not have any duty to order reunification services; and 2118 (b) the division does not have a duty to make reasonable efforts to or in any other way 2119 attempt to provide reunification services or attempt to rehabilitate the offending 2120 parent or parents. 2121 (12)(a) The juvenile court shall: 2122 (i) determine whether the services offered or provided by the division under the child 2123 and family plan constitute reasonable efforts on the part of the division; 2124 (ii) determine and define the responsibilities of the parent under the child and family 2125 plan in accordance with Subsection 80-3-307(5)(g)(iii); and 2126 (iii) identify verbally on the record, or in a written document provided to the parties, 2127 the responsibilities described in Subsection (12)(a)(ii), for the purpose of assisting 2128 in any future determination regarding the provision of reasonable efforts, in 2129 accordance with state and federal law. 2130 (b) If the parent is in a substance use disorder treatment program, other than a certified 2131 drug court program, the juvenile court may order the parent: 2132 (i) to submit to supplementary drug or alcohol testing, in accordance with Subsection 2133 80-3-110(6), in addition to the testing recommended by the parent's substance use 2134 disorder program based on a finding of reasonable suspicion that the parent is 2135 abusing drugs or alcohol; and - 63 - H.B. 283 Enrolled Copy 2136 (ii) to provide the results of drug or alcohol testing recommended by the substance 2137 use disorder program to the juvenile court or division. 2138 (13)(a) The time period for reunification services may not exceed 12 months from the 2139 day on which the minor was initially removed from the minor's home, unless the time 2140 period is extended under Subsection 80-3-409(7). 2141 (b) This section does not entitle any parent to an entire 12 months of reunification 2142 services. 2143 (14)(a) If reunification services are ordered, the juvenile court may terminate those 2144 services at any time. 2145 (b) If, at any time, continuation of reasonable efforts to reunify a minor is determined to 2146 be inconsistent with the final permanency plan for the minor established under 2147 Section 80-3-409, then measures shall be taken, in a timely manner, to: 2148 (i) place the minor in accordance with the final permanency plan; and 2149 (ii) complete whatever steps are necessary to finalize the permanent placement of the 2150 minor. 2151 (15) Any physical custody of the minor by the parent or a relative during the period 2152 described in Subsections (10) through (14) does not interrupt the running of the period. 2153 (16)(a) If reunification services are ordered, the juvenile court shall conduct a 2154 permanency hearing in accordance with Section 80-3-409 before the day on which 2155 the time period for reunification services expires. 2156 (b) The permanency hearing shall be held no later than 12 months after the original 2157 removal of the minor. 2158 (c) If reunification services are not ordered, a permanency hearing shall be conducted 2159 within 30 days in accordance with Section 80-3-409. 2160 (17) With regard to a minor in the custody of the division whose parent or parents are 2161 ordered to receive reunification services but who have abandoned that minor for a period 2162 of six months from the day on which reunification services are ordered: 2163 (a) the juvenile court shall terminate reunification services; and 2164 (b) the division shall petition the juvenile court for termination of parental rights. 2165 (18) When a minor is under the custody of the division and has been separated from a 2166 sibling due to foster care or adoptive placement, a juvenile court may order sibling 2167 visitation, subject to the division obtaining consent from the sibling's guardian, 2168 according to the juvenile court's determination of the best interests of the minor for 2169 whom the hearing is held. - 64 - Enrolled Copy H.B. 283 2170 (19)(a) If reunification services are not ordered under this section, and the whereabouts 2171 of a parent becomes known within six months after the day on which the out-of-home 2172 placement of the minor is made, the juvenile court may order the division to provide 2173 reunification services. 2174 (b) The time limits described in this section are not tolled by the parent's absence. 2175 (20)(a) If a parent is incarcerated or institutionalized, the juvenile court shall order 2176 reasonable services unless the juvenile court determines that those services would be 2177 detrimental to the minor. 2178 (b) In making the determination described in Subsection (20)(a), the juvenile court shall 2179 consider: 2180 (i) the age of the minor; 2181 (ii) the degree of parent-child bonding; 2182 (iii) the length of the sentence; 2183 (iv) the nature of the treatment; 2184 (v) the nature of the crime or illness; 2185 (vi) the degree of detriment to the minor if services are not offered; 2186 (vii) for a minor who is 10 years old or older, the minor's attitude toward the 2187 implementation of family reunification services; and 2188 (viii) any other appropriate factors. 2189 (c) Reunification services for an incarcerated parent are subject to the time limitations 2190 imposed in this section. 2191 (d) Reunification services for an institutionalized parent are subject to the time 2192 limitations imposed in this section, unless the juvenile court determines that 2193 continued reunification services would be in the minor's best interest. 2194 Section 17. Section 80-3-407 is amended to read: 2195 80-3-407 . Six-month review hearing -- Findings regarding reasonable efforts by 2196 division -- Findings regarding child and family plan compliance. 2197 (1) If reunification efforts have been ordered by the juvenile court under Section 80-3-406, 2198 the juvenile court shall hold a hearing no more than six months after the day on which 2199 the minor is initially removed from the minor's home, in order for the juvenile court to 2200 determine whether: 2201 (a) the division has provided and is providing reasonable efforts to reunify the family in 2202 accordance with the child and family plan; 2203 (b) the parent has fulfilled or is fulfilling identified duties and responsibilities in order to - 65 - H.B. 283 Enrolled Copy 2204 comply with the requirements of the child and family plan; and 2205 (c) the division considered the preferential consideration and rebuttable presumption 2206 described in Subsections 80-3-302(7)(a) and 80-3-303(2)(c). 2207 (2)(a) At the hearing described in Subsection (1), if a child remains in an out-of-home 2208 placement, the juvenile court shall: 2209 (i) make specific findings regarding the conditions of parent-time that are in the 2210 child's best interest; and 2211 (ii) if parent-time is denied, state the facts that justify the denial. 2212 (b) Parent-time shall be under the least restrictive conditions necessary to: 2213 (i) protect the physical safety of the child; or 2214 (ii) prevent the child from being traumatized by contact with the parent due to the 2215 child's fear of the parent in light of the nature of the alleged abuse or neglect. 2216 (c)(i) The division or the person designated by the division or a court to supervise a 2217 parent-time session may deny parent-time for the session if the division or the 2218 supervising person determines that, based on the parent's condition, it is necessary 2219 to deny parent-time to: 2220 (A) protect the physical safety of the child; 2221 (B) protect the life of the child; or 2222 (C) consistent with Subsection (2)(c)(ii), prevent the child from being traumatized 2223 by contact with the parent. 2224 (ii) In determining whether the condition of the parent described in Subsection 2225 (2)(c)(i) will traumatize a child, the division or the person supervising the 2226 parent-time session shall consider the impact that the parent's condition will have 2227 on the child in light of: 2228 (A) the child's fear of the parent; and 2229 (B) the nature of the alleged abuse or neglect. 2230 (3)(a) If, for a relative placement, an interstate placement requested under the Interstate 2231 Compact on the Placement of Children has been initiated by the division or is ordered 2232 by or pending before the juvenile court, the court may not finalize a non-relative 2233 placement unless the court gives due weight to: 2234 (i) the preferential consideration granted to a relative in Section 80-3-302; 2235 (ii) the rebuttable presumption in Section 80-3-302; and 2236 (iii) the division's placement authority under Subsections [80-1-102(50)] 80-1-102(51) 2237 and 80-3-303(1). - 66 - Enrolled Copy H.B. 283 2238 (b) Nothing in this section affects the ability of a foster parent to petition the juvenile 2239 court under Subsection 80-3-502(3). 2240 Section 18. Section 80-3-409 is amended to read: 2241 80-3-409 . Permanency hearing -- Final plan -- Petition for termination of 2242 parental rights filed -- Hearing on termination of parental rights. 2243 (1)(a) If reunification services are ordered under Section 80-3-406, with regard to a 2244 minor who is in the custody of the division, the juvenile court shall hold a 2245 permanency hearing no later than 12 months after the day on which the minor is 2246 initially removed from the minor's home. 2247 (b) If reunification services are not ordered at the dispositional hearing, the juvenile 2248 court shall hold a permanency hearing within 30 days after the day on which the 2249 dispositional hearing ends. 2250 (2)(a) If reunification services are ordered in accordance with Section 80-3-406, the 2251 juvenile court shall, at the permanency hearing, determine, consistent with 2252 Subsection (3), whether the minor may safely be returned to the custody of the 2253 minor's parent. 2254 (b) If the juvenile court finds, by a preponderance of the evidence, that return of the 2255 minor to the minor's parent would create a substantial risk of detriment to the minor's 2256 physical or emotional well-being, the minor may not be returned to the custody of the 2257 minor's parent. 2258 (c) Prima facie evidence that return of the minor to a parent or guardian would create a 2259 substantial risk of detriment to the minor is established if: 2260 (i) the parent or guardian fails to: 2261 (A) participate in a court approved child and family plan; 2262 (B) comply with a court approved child and family plan in whole or in part; or 2263 (C) meet the goals of a court approved child and family plan; or 2264 (ii) the minor's natural parent: 2265 (A) intentionally, knowingly, or recklessly causes the death of another parent of 2266 the minor; 2267 (B) is identified by a law enforcement agency as the primary suspect in an 2268 investigation for intentionally, knowingly, or recklessly causing the death of 2269 another parent of the minor; or 2270 (C) is being prosecuted for or has been convicted of intentionally, knowingly, or 2271 recklessly causing the death of another parent of the minor. - 67 - H.B. 283 Enrolled Copy 2272 (3) In making a determination under Subsection (2)(a), the juvenile court shall: 2273 (a) review and consider: 2274 (i) the report prepared by the division; 2275 (ii) in accordance with the Utah Rules of Evidence, any admissible evidence offered 2276 by the minor's attorney guardian ad litem; 2277 (iii) any report submitted by the division under Subsection 80-3-408(3)(a)(i); 2278 (iv) any evidence regarding the efforts or progress demonstrated by the parent; and 2279 (v) the extent to which the parent cooperated and used the services provided; and 2280 (b) attempt to keep the minor's sibling group together if keeping the sibling group 2281 together is: 2282 (i) practicable; and 2283 (ii) in accordance with the best interest of the minor. 2284 (4) With regard to a case where reunification services are ordered by the juvenile court, if a 2285 minor is not returned to the minor's parent or guardian at the permanency hearing, the 2286 juvenile court shall, unless the time for the provision of reunification services is 2287 extended under Subsection (7): 2288 (a) order termination of reunification services to the parent; 2289 (b) make a final determination regarding whether termination of parental rights, 2290 adoption, or permanent custody and guardianship is the most appropriate final plan 2291 for the minor, taking into account the minor's primary permanency plan established 2292 by the juvenile court under Section 80-3-406; and 2293 (c) in accordance with Subsection 80-3-406(2), establish a concurrent permanency plan 2294 that identifies the second most appropriate final plan for the minor, if appropriate. 2295 (5) The juvenile court may order another planned permanent living arrangement other than 2296 reunification for a minor who is 16 years old or older upon entering the following 2297 findings: 2298 (a) the division has documented intensive, ongoing, and unsuccessful efforts to reunify 2299 the minor with the minor's parent or parents, or to secure a placement for the minor 2300 with a guardian, an adoptive parent, or an individual described in Subsection 80-3-301 2301 (6)(e); 2302 (b) the division has demonstrated that the division has made efforts to normalize the life 2303 of the minor while in the division's custody, in accordance with Section 80-2-308; 2304 (c) the minor prefers another planned permanent living arrangement; and 2305 (d) there is a compelling reason why reunification or a placement described in - 68 - Enrolled Copy H.B. 283 2306 Subsection (5)(a) is not in the minor's best interest. 2307 (6) Except as provided in Subsection (7), the juvenile court may not extend reunification 2308 services beyond 12 months after the day on which the minor is initially removed from 2309 the minor's home, in accordance with the provisions of Section 80-3-406. 2310 (7)(a) Subject to Subsection (7)(b), the juvenile court may extend reunification services 2311 for no more than 90 days if the juvenile court finds, by a preponderance of the 2312 evidence, that: 2313 (i) there has been substantial compliance with the child and family plan; 2314 (ii) reunification is probable within that 90-day period; and 2315 (iii) the extension is in the best interest of the minor. 2316 (b)(i) Except as provided in Subsection (7)(c), the juvenile court may not extend any 2317 reunification services beyond 15 months after the day on which the minor is 2318 initially removed from the minor's home. 2319 (ii) Delay or failure of a parent to establish paternity or seek custody does not provide 2320 a basis for the juvenile court to extend services for the parent beyond the 2321 12-month period described in Subsection (6). 2322 (c) In accordance with Subsection (7)(d), the juvenile court may extend reunification 2323 services for one additional 90-day period, beyond the 90-day period described in 2324 Subsection (7)(a), if: 2325 (i) the juvenile court finds, by clear and convincing evidence, that: 2326 (A) the parent has substantially complied with the child and family plan; 2327 (B) it is likely that reunification will occur within the additional 90-day period; and 2328 (C) the extension is in the best interest of the minor; 2329 (ii) the juvenile court specifies the facts upon which the findings described in 2330 Subsection (7)(c)(i) are based; and 2331 (iii) the juvenile court specifies the time period in which it is likely that reunification 2332 will occur. 2333 (d) A juvenile court may not extend the time period for reunification services without 2334 complying with the requirements of this Subsection (7) before the extension. 2335 (e) In determining whether to extend reunification services for a minor, a juvenile court 2336 shall take into consideration the status of the minor siblings of the minor. 2337 (8)(a) At the permanency hearing, if a child remains in an out-of-home placement, the 2338 juvenile court shall: 2339 (i) make specific findings regarding the conditions of parent-time that are in the - 69 - H.B. 283 Enrolled Copy 2340 child's best interest; and 2341 (ii) if parent-time is denied, state the facts that justify the denial. 2342 (b) Parent-time shall be under the least restrictive conditions necessary to: 2343 (i) protect the physical safety of the child; or 2344 (ii) prevent the child from being traumatized by contact with the parent due to the 2345 child's fear of the parent in light of the nature of the alleged abuse or neglect. 2346 (c)(i) The division or the person designated by the division or a court to supervise a 2347 parent-time session may deny parent-time for the session if the division or the 2348 supervising person determines that, based on the parent's condition, it is necessary 2349 to deny parent-time to: 2350 (A) protect the physical safety of the child; 2351 (B) protect the life of the child; or 2352 (C) consistent with Subsection (8)(c)(ii), prevent the child from being traumatized 2353 by contact with the parent. 2354 (ii) In determining whether the condition of the parent described in Subsection 2355 (8)(c)(i) will traumatize a child, the division or the person supervising the 2356 parent-time session shall consider the impact that the parent's condition will have 2357 on the child in light of: 2358 (A) the child's fear of the parent; and 2359 (B) the nature of the alleged abuse or neglect. 2360 (9) The juvenile court may, in the juvenile court's discretion: 2361 (a) enter any additional order that the juvenile court determines to be in the best interest 2362 of the minor, so long as that order does not conflict with the requirements and 2363 provisions of Subsections (4) through (8); or 2364 (b) order the division to provide protective supervision or other services to a minor and 2365 the minor's family after the division's custody of a minor is terminated. 2366 (10)(a) If the final plan for the minor is to proceed toward termination of parental rights, 2367 the petition for termination of parental rights shall be filed, and a pretrial held, within 2368 45 calendar days after the day on which the permanency hearing is held. 2369 (b) If the division opposes the plan to terminate parental rights, the juvenile court may 2370 not require the division to file a petition for the termination of parental rights, except 2371 as required under Subsection 80-4-203(2). 2372 (11)(a) Any party to an action may, at any time, petition the juvenile court for an 2373 expedited permanency hearing on the basis that continuation of reunification efforts - 70 - Enrolled Copy H.B. 283 2374 are inconsistent with the permanency needs of the minor. 2375 (b) If the juvenile court so determines, the juvenile court shall order, in accordance with 2376 federal law, that: 2377 (i) the minor be placed in accordance with the permanency plan; and 2378 (ii) whatever steps are necessary to finalize the permanent placement of the minor be 2379 completed as quickly as possible. 2380 (12) Nothing in this section may be construed to: 2381 (a) entitle any parent to reunification services for any specified period of time; 2382 (b) limit a juvenile court's ability to terminate reunification services at any time before a 2383 permanency hearing; or 2384 (c) limit or prohibit the filing of a petition for termination of parental rights by any party, 2385 or a hearing on termination of parental rights, at any time before a permanency 2386 hearing provided that relative placement and custody options have been fairly 2387 considered in accordance with Sections 80-2a-201 and 80-4-104. 2388 (13)(a) Subject to Subsection (13)(b), if a petition for termination of parental rights is 2389 filed before the date scheduled for a permanency hearing, the juvenile court may 2390 consolidate the hearing on termination of parental rights with the permanency hearing. 2391 (b) For purposes of Subsection (13)(a), if the juvenile court consolidates the hearing on 2392 termination of parental rights with the permanency hearing: 2393 (i) the juvenile court shall first make a finding regarding whether reasonable efforts 2394 have been made by the division to finalize the permanency plan for the minor; and 2395 (ii) any reunification services shall be terminated in accordance with the time lines 2396 described in Section 80-3-406. 2397 (c) The juvenile court shall make a decision on a petition for termination of parental 2398 rights within 18 months after the day on which the minor is initially removed from 2399 the minor's home. 2400 (14)(a) If a juvenile court determines that a minor will not be returned to a parent of the 2401 minor, the juvenile court shall consider appropriate placement options inside and 2402 outside of the state. 2403 (b) In considering appropriate placement options under Subsection (14)(a), the juvenile 2404 court shall provide preferential consideration to a relative's request for placement of 2405 the minor. 2406 (15)(a) In accordance with Section 80-3-108, if a minor 14 years old or older desires an 2407 opportunity to address the juvenile court or testify regarding permanency or - 71 - H.B. 283 Enrolled Copy 2408 placement, the juvenile court shall give the minor's wishes added weight, but may not 2409 treat the minor's wishes as the single controlling factor under this section. 2410 (b) If the juvenile court's decision under this section differs from a minor's express 2411 wishes if the minor is of sufficient maturity to articulate the wishes in relation to 2412 permanency or the minor's placement, the juvenile court shall make findings 2413 explaining why the juvenile court's decision differs from the minor's wishes. 2414 (16)(a) If, for a relative placement, an interstate placement requested under the Interstate 2415 Compact on the Placement of Children has been initiated by the division or is ordered 2416 by or pending before the juvenile court, the court may not finalize a non-relative 2417 placement unless the court gives due weight to: 2418 (i) the preferential consideration granted to a relative in Section 80-3-302; 2419 (ii) the rebuttable presumption in Section 80-3-302; and 2420 (iii) the division's placement authority under Subsections [80-1-102(50)] 80-1-102(51) 2421 and 80-3-303(1). 2422 (b) Nothing in this section affects the ability of a foster parent to petition the juvenile 2423 court under Subsection 80-3-502(3). 2424 Section 19. Section 81-9-101 is amended to read: 2425 81-9-101 . Definitions for chapter. 2426 As used in this chapter: 2427 (1) "Abuse" means the same as that term is defined in Section 80-1-102. 2428 (2)(a) "Custodial responsibility" means all powers and duties relating to caretaking 2429 authority and decision-making authority for a minor child. 2430 (b) "Custodial responsibility" includes physical custody, legal custody, parenting time, 2431 right to access, parent-time, and authority to grant limited contact with a minor child. 2432 (3) "Domestic violence" means the same as that term is defined in Section 77-36-1. 2433 (4) "Gender identity" means the same as that term is defined in Section 34A-5-102. 2434 [(4)] (5) "Joint legal custody" means the sharing of the rights, privileges, duties, and powers 2435 of a parent by both parents, where specified. 2436 [(5)] (6) "Joint physical custody" means the minor child stays with each parent overnight for 2437 more than 30% of the year and both parents contribute to the expenses of the minor child 2438 in addition to paying child support. 2439 [(6)] (7)(a) "Parenting functions" means those aspects of the parent-child relationship in 2440 which the parent makes decisions and performs functions necessary for the care and 2441 growth of the minor child. - 72 - Enrolled Copy H.B. 283 2442 (b) "Parenting functions" include: 2443 (i) maintaining a loving, stable, consistent, and nurturing relationship with the minor 2444 child; 2445 (ii) attending to the daily needs of the minor child, such as feeding, clothing, physical 2446 care, grooming, supervision, health care, day care, and engaging in other activities 2447 which are appropriate to the developmental level of the minor child and that are 2448 within the social and economic circumstances of the particular family; 2449 (iii) attending to adequate education for the minor child, including remedial or other 2450 education essential to the best interest of the minor child; 2451 (iv) assisting the minor child in developing and maintaining appropriate interpersonal 2452 relationships; 2453 (v) exercising appropriate judgment regarding the minor child's welfare, consistent 2454 with the minor child's developmental level and family social and economic 2455 circumstances; and 2456 (vi) providing for the financial support of the minor child. 2457 [(7)] (8)(a) "Parenting plan" means a plan for parenting a minor child. 2458 (b) "Parenting plan" includes the allocation of parenting functions that are incorporated 2459 in any final decree or decree of modification including an action for dissolution of 2460 marriage, annulment, legal separation, or paternity. 2461 [(8)] (9) "Protective order" means: 2462 (a) a civil protective order, as that term is defined in Section 78B-7-102; 2463 (b) an ex parte civil protective order, as that term is defined in Section 78B-7-102; or 2464 (c) a foreign protection order, as that term is defined in Section 78B-7-302. 2465 [(9)] (10) "Psychological maltreatment" means a repeated pattern or extreme incident of 2466 caretaker behavior that: 2467 (a) intentionally thwarts a minor child's basic psychological needs, including physical 2468 and psychological safety, cognitive stimulation, and respect; 2469 (b) conveys that a minor child is worthless, defective, or expendable; and 2470 (c) may terrorize a minor child. 2471 [(10)] (11) " Service member" means a member of a uniformed service. 2472 [(11)] (12) "Sexual abuse" means the same as that term is defined in Section 80-1-102. 2473 [(12)] (13) "Supervised parent-time" means parent-time that requires the noncustodial parent 2474 to be accompanied during parent-time by an individual approved by the court. 2475 [(13)] (14) "Surrogate care" means care by any individual other than the parent of the minor - 73 - H.B. 283 Enrolled Copy 2476 child. 2477 [(14)] (15) "Uniformed service" means: 2478 (a) active and reserve components of the United States Armed Forces; 2479 (b) the United States Merchant Marine; 2480 (c) the commissioned corps of the United States Public Health Service; 2481 (d) the commissioned corps of the National Oceanic and Atmospheric Administration of 2482 the United States; or 2483 (e) the National Guard of a state. 2484 [(15)] (16) "Uninterrupted time" means parent-time exercised by one parent without 2485 interruption at any time by the presence of the other parent. 2486 [(16)] (17) "Virtual parent-time" means parent-time facilitated by tools such as telephone, 2487 email, instant messaging, video conferencing, and other wired or wireless technologies 2488 over the Internet or other communication media, to supplement in-person visits between 2489 a noncustodial parent and a minor child or between a minor child and the custodial 2490 parent when the minor child is staying with the noncustodial parent. 2491 Section 20. Section 81-9-204 is amended to read: 2492 81-9-204 . Custody and parent-time of a minor child -- Custody factors -- 2493 Preferences. 2494 (1) In a proceeding between parents in which the custody and parent-time of a minor child 2495 is at issue, the court shall consider the best interests of the minor child in determining 2496 any form of custody and parent-time. 2497 (2) The court shall determine whether an order for custody or parent-time is in the best 2498 interests of the minor child by a preponderance of the evidence. 2499 (3) In determining any form of custody and parent-time under Subsection (1), the court 2500 shall consider: 2501 (a) for each parent, and in accordance with Section 81-9-104, evidence of domestic 2502 violence, physical abuse, or sexual abuse involving the minor child, the parent, or a 2503 household member of the parent; 2504 (b) whether the parent has intentionally exposed the minor child to pornography or 2505 material harmful to minors, as "material" and "harmful to minors" are defined in 2506 Section 76-10-1201; and 2507 (c) whether custody and parent-time would endanger the minor child's health or physical 2508 or psychological safety. 2509 (4) In determining the form of custody and parent-time that is in the best interests of the - 74 - Enrolled Copy H.B. 283 2510 minor child, the court may consider, among other factors the court finds relevant, the 2511 following for each parent: 2512 (a) evidence of psychological maltreatment; 2513 (b) the parent's demonstrated understanding of, responsiveness to, and ability to meet the 2514 developmental needs of the minor child, including the minor child's: 2515 (i) physical needs; 2516 (ii) emotional needs; 2517 (iii) educational needs; 2518 (iv) medical needs; and 2519 (v) any special needs; 2520 (c) the parent's capacity and willingness to function as a parent, including: 2521 (i) parenting skills; 2522 (ii) co-parenting skills, including: 2523 (A) ability to appropriately communicate with the other parent; 2524 (B) ability to encourage the sharing of love and affection; and 2525 (C) willingness to allow frequent and continuous contact between the minor child 2526 and the other parent, except that, if the court determines that the parent is 2527 acting to protect the minor child from domestic violence, neglect, or abuse, the 2528 parent's protective actions may be taken into consideration; and 2529 (iii) ability to provide personal care rather than surrogate care; 2530 (d) the past conduct and demonstrated moral character of the parent as described in 2531 Subsection (9); 2532 (e) the emotional stability of the parent; 2533 (f) the parent's inability to function as a parent because of drug abuse, excessive 2534 drinking, or other causes; 2535 (g) the parent's reason for having relinquished custody or parent-time in the past; 2536 (h) duration and depth of desire for custody or parent-time; 2537 (i) the parent's religious compatibility with the minor child; 2538 (j) the parent's financial responsibility; 2539 (k) the child's interaction and relationship with step-parents, extended family members 2540 of other individuals who may significantly affect the minor child's best interests; 2541 (l) who has been the primary caretaker of the minor child; 2542 (m) previous parenting arrangements in which the minor child has been happy and 2543 well-adjusted in the home, school, and community; - 75 - H.B. 283 Enrolled Copy 2544 (n) the relative benefit of keeping siblings together; 2545 (o) the stated wishes and concerns of the minor child, taking into consideration the 2546 minor child's cognitive ability and emotional maturity; 2547 (p) the relative strength of the minor child's bond with the parent, meaning the depth, 2548 quality, and nature of the relationship between the parent and the minor child; and 2549 (q) any other factor the court finds relevant. 2550 (5)(a) A minor child may not be required by either party to testify unless the trier of fact 2551 determines that extenuating circumstances exist that would necessitate the testimony 2552 of the minor child be heard and there is no other reasonable method to present the 2553 minor child's testimony. 2554 (b)(i) The court may inquire and take into consideration the minor child's desires 2555 regarding future custody or parent-time schedules, but the expressed desires are 2556 not controlling and the court may determine the minor child's custody or 2557 parent-time otherwise. 2558 (ii) The desires of a minor child who is 14 years old or older shall be given added 2559 weight, but is not the single controlling factor. 2560 (c)(i) If an interview with a minor child is conducted by the court in accordance with 2561 Subsection (5)(b), the interview shall be conducted by the court in camera. 2562 (ii) The prior consent of the parties may be obtained but is not necessary if the court 2563 finds that an interview with a minor child is the only method to ascertain the 2564 minor child's desires regarding custody. 2565 (6)(a) Except as provided in Subsection (6)(b), a court may not discriminate against a 2566 parent due to a disability, as defined in Section 57-21-2, in awarding custody or 2567 determining whether a substantial change has occurred for the purpose of modifying 2568 an award of custody. 2569 (b) The court may not consider the disability of a parent as a factor in awarding custody 2570 or modifying an award of custody based on a determination of a substantial change in 2571 circumstances, unless the court makes specific findings that: 2572 (i) the disability significantly or substantially inhibits the parent's ability to provide 2573 for the physical and emotional needs of the minor child at issue; and 2574 (ii) the parent with a disability lacks sufficient human, monetary, or other resources 2575 available to supplement the parent's ability to provide for the physical and 2576 emotional needs of the minor child at issue. 2577 (c) Nothing in this section may be construed to apply to adoption proceedings under - 76 - Enrolled Copy H.B. 283 2578 Title 78B, Chapter 6, Part 1, Utah Adoption Act. 2579 (7) This section does not establish: 2580 (a) a preference for either parent solely because of the gender of the parent; or 2581 (b) a preference for or against joint physical custody or sole physical custody, but allows 2582 the court and the family the widest discretion to choose a parenting plan that is in the 2583 best interest of the minor child. 2584 (8) When an issue before the court involves custodial responsibility in the event of a 2585 deployment of a parent who is a service member and the service member has not yet 2586 been notified of deployment, the court shall resolve the issue based on the standards in 2587 Sections 78B-20-306 through 78B-20-309. 2588 (9) In considering the past conduct and demonstrated moral standards of each party under 2589 Subsection (4)(d) or any other factor a court finds relevant, the court may not: 2590 (a)(i) consider or treat a parent's lawful possession or use of cannabis in a medicinal 2591 dosage form, a cannabis product in a medicinal dosage form, or a medical 2592 cannabis device, in accordance with Title 4, Chapter 41a, Cannabis Production 2593 Establishments and Pharmacies, Title 26B, Chapter 4, Part 2, Cannabinoid 2594 Research and Medical Cannabis, or Subsection 58-37-3.7(2) or (3) any differently 2595 than the court would consider or treat the lawful possession or use of any 2596 prescribed controlled substance; or 2597 (ii) discriminate against a parent because of the parent's status as a: 2598 (A) cannabis production establishment agent, as that term is defined in Section 2599 4-41a-102; 2600 (B) medical cannabis pharmacy agent, as that term is defined in Section 26B-4-201; 2601 (C) medical cannabis courier agent, as that term is defined in Section 26B-4-201; 2602 or 2603 (D) medical cannabis cardholder in accordance with Title 26B, Chapter 4, Part 2, 2604 Cannabinoid Research and Medical Cannabis; or 2605 (b) discriminate against a parent based upon the parent's agreement or disagreement with 2606 a minor child of the couple's: 2607 (i) assertion that the minor child's gender identity is different from the minor child's 2608 biological sex;[ or] 2609 (ii) practice of having or expressing a different gender identity than the minor child's 2610 biological sex[.] ; or 2611 (iii) sexual orientation. - 77 - H.B. 283 Enrolled Copy 2612 (10)(a) The court shall consider evidence of domestic violence if evidence of domestic 2613 violence is presented. 2614 (b) The court shall consider as primary, the safety and well-being of the minor child and 2615 the parent who experiences domestic violence. 2616 (c) A court shall consider an order issued by a court in accordance with Title 78B, 2617 Chapter 7, Part 6, Cohabitant Abuse Protective Orders, as evidence of real harm or 2618 substantiated potential harm to the minor child. 2619 (d) If a parent relocates because of an act of domestic violence or family violence by the 2620 other parent, the court shall make specific findings and orders with regards to the 2621 application of Section 81-9-209. 2622 (11) Absent a showing by a preponderance of evidence of real harm or substantiated 2623 potential harm to the minor child: 2624 (a) it is in the best interest of the minor child to have frequent, meaningful, and 2625 continuing access to each parent following separation or divorce; 2626 (b) each parent is entitled to and responsible for frequent, meaningful, and continuing 2627 access with the parent's minor child consistent with the minor child's best interests; 2628 and 2629 (c) it is in the best interest of the minor child to have both parents actively involved in 2630 parenting the minor child. 2631 (12) Notwithstanding any other provision of this chapter, the court may not grant custody or 2632 parent-time of a minor child to a parent convicted of a sexual offense, as defined in 2633 Section 77-37-2, that resulted in the conception of the minor child unless: 2634 (a) the nonconvicted biological parent, or the legal guardian of the minor child, consents 2635 to custody or parent-time and the court determines it is in the best interest of the 2636 minor child to award custody or parent-time to the convicted parent; or 2637 (b) after the date of the conviction, the convicted parent and the nonconvicted parent 2638 cohabit and establish a mutual custodial environment for the minor child. 2639 (13) A denial of custody or parent-time under Subsection (12) does not: 2640 (a) terminate the parental rights of the parent denied parent-time or custody; or 2641 (b) affect the obligation of the convicted parent to financially support the minor child. 2642 Section 21. Effective Date. 2643 This bill takes effect on May 7, 2025. - 78 -