Text of UT HB 413 (2025)

02-04 12:01 H.B. 413 1 Child Custody Proceedings Amendments 2025 GENERAL SESSION STATE OF UTAH Chief Sponsor: Michael L. Kohler Senate Sponsor: 2 3 LONG TITLE 4 General Description: 5 This bill addresses situations related to child custody. 6 Highlighted Provisions: 7 This bill: 8 ▸ defines terms; 9 ▸ provides that a peace officer or child welfare caseworker may not take specific actions 10 related to the custody of a child based on certain actions of the child's parent; 11 ▸ provides that in a proceeding where custody and parent-time of a minor child are at issue, 12 the court may not discriminate against a parent based on certain actions of the parent; and 13 ▸ makes technical and conforming changes. 14 Money Appropriated in this Bill: 15 None 16 Other Special Clauses: 17 None 18 Utah Code Sections Affected: 19 AMENDS: 20 80-2a-101, as enacted by Laws of Utah 2022, Chapter 334 and last amended by 21 Coordination Clause, Laws of Utah 2022, Chapter 334 22 80-2a-202, as last amended by Laws of Utah 2024, Chapter 281 23 81-9-101, as renumbered and amended by Laws of Utah 2024, Chapter 366 24 81-9-204, as renumbered and amended by Laws of Utah 2024, Chapter 366 25 26 Be it enacted by the Legislature of the state of Utah: 27 Section 1. Section 80-2a-101 is amended to read: 28 80-2a-101 . Definitions. 29 [(1)] As used in this chapter: 30 (1) "Biological sex at birth" means the same as that term is defined in Section 58-1-603. H.B. 413 H.B. 413 02-04 12:01 31 (2) "Custody" means the same as that term is defined in Section 80-2-102. 32 [(2)] (3) "Division" means the Division of Child and Family Services created in Section 33 80-2-201. 34 [(3)] (4) "Friend" means an adult who: 35 (a) has an established relationship with the child or a family member of the child; and 36 (b) is not the natural parent of the child. 37 [(4)] (5) "Hormonal transgender treatment" means the same as that term is defined in 38 Section 58-1-603. 39 (6) "Nonrelative" means an individual who is not a noncustodial parent or relative. 40 (7) "Primary sex characteristic surgical procedure" means the same as that term is defined 41 in Section 58-67-102. 42 [(5)] (8) "Relative" means an adult who: 43 (a) is the child's grandparent, great grandparent, aunt, great aunt, uncle, great uncle, 44 brother-in-law, sister-in-law, stepparent, first cousin, stepsibling, or sibling; 45 (b) is the first cousin of the child's parent; 46 (c) is a permanent guardian or natural parent of the child's sibling; or 47 (d) in the case of a child who is an Indian child, is an extended family member as 48 defined in the Indian Child Welfare Act, 25 U.S.C. Sec. 1903. 49 [(6)] (9) "Secondary sex characteristic surgical procedure" means the same as that term is 50 defined in Section 58-67-102. 51 (10) "Sibling" means the same as that term is defined in Section 80-2-102. 52 [(7)] (11) "Temporary custody" means the same as that term is defined in Section 80-2-102. 53 Section 2. Section 80-2a-202 is amended to read: 54 80-2a-202 . Removal of a child by a peace officer or child welfare caseworker -- 55 Search warrants -- Protective custody and temporary care of a child. 56 (1) A peace officer or child welfare caseworker may remove a child or take a child into 57 protective custody, temporary custody, or custody in accordance with this section. 58 (2)(a) Except as provided in Subsection (2)(b), a peace officer or a child welfare 59 caseworker may not enter the home of a child whose case is not under the jurisdiction 60 of the juvenile court, remove a child from the child's home or school, or take a child 61 into protective custody unless: 62 (i) there exist exigent circumstances sufficient to relieve the peace officer or the child 63 welfare caseworker of the requirement to obtain a search warrant under 64 Subsection (3); - 2 - 02-04 12:01 H.B. 413 65 (ii) the peace officer or child welfare caseworker obtains a search warrant under 66 Subsection (3); 67 (iii) the peace officer or child welfare caseworker obtains a court order after the 68 child's parent or guardian is given notice and an opportunity to be heard; or 69 (iv) the peace officer or child welfare caseworker obtains the consent of the child's 70 parent or guardian. 71 (b) A peace officer or a child welfare caseworker may not take action under Subsection 72 (2)(a) solely on the basis of: 73 (i) educational neglect, truancy, or failure to comply with a court order to attend 74 school; 75 (ii) the possession or use, in accordance with Title 26B, Chapter 4, Part 2, 76 Cannabinoid Research and Medical Cannabis, of cannabis in a medicinal dosage 77 form, a cannabis product in a medicinal dosage form, or a medical cannabis 78 device, as those terms are defined in Section 26B-4-201; or 79 (iii) a parent's agreement or disagreement with a minor child of the couple's: 80 (A) assertion that the child's gender identity is different from the child's biological 81 sex; or 82 (B) practice of having or expressing a different gender identity than the child's 83 biological sex. 84 (c) A peace officer or a child welfare caseworker may not take action under Subsection 85 (2)(a) on the sole or partial basis that, with regard to a parent's minor child, a parent: 86 (i) asserts that the gender or gender identity of the minor child is the same as the 87 minor child's biological sex at birth; or 88 (ii) does not allow, authorize, accommodate, or support: 89 (A) hormonal transgender treatment for the minor child; or 90 (B) a primary sex characteristic surgical procedure or secondary sex characteristic 91 surgical procedure for the minor child. 92 (3)(a) The juvenile court may issue a warrant authorizing a peace officer or a child 93 welfare caseworker to search for a child and take the child into protective custody if 94 it appears to the juvenile court upon a verified petition, recorded sworn testimony or 95 an affidavit sworn to by a peace officer or another individual, and upon the 96 examination of other witnesses if required by the juvenile court, that there is probable 97 cause to believe that: 98 (i) there is a threat of substantial harm to the child's health or safety; - 3 - H.B. 413 02-04 12:01 99 (ii) it is necessary to take the child into protective custody to avoid the harm 100 described in Subsection (3)(a)(i); and 101 (iii) it is likely that the child will suffer substantial harm if the child's parent or 102 guardian is given notice and an opportunity to be heard before the child is taken 103 into protective custody. 104 (b) In accordance with Section 77-23-210, a peace officer making the search under 105 Subsection (3)(a) may enter a house or premises by force, if necessary, in order to 106 remove the child. 107 (4)(a) A child welfare caseworker may take action under Subsection (2) accompanied by 108 a peace officer or without a peace officer if a peace officer is not reasonably available. 109 (b)(i) Before taking a child into protective custody, and if possible and consistent 110 with the child's safety and welfare, a child welfare caseworker shall determine 111 whether there are services available that, if provided to a parent or guardian of the 112 child, would eliminate the need to remove the child from the custody of the child's 113 parent or guardian. 114 (ii) In determining whether the services described in Subsection (4)(b)(i) are 115 reasonably available, the child welfare caseworker shall consider the child's 116 health, safety, and welfare as the paramount concern. 117 (iii) If the child welfare caseworker determines the services described in Subsection 118 (4)(b)(i) are reasonably available, the services shall be utilized. 119 (5)(a) If a peace officer or a child welfare caseworker takes a child into protective 120 custody under Subsection (2), the peace officer or child welfare caseworker shall: 121 (i) notify the child's parent or guardian in accordance with Section 80-2a-203; and 122 (ii) release the child to the care of the child's parent or guardian or another 123 responsible adult, unless: 124 (A) the child's immediate welfare requires the child remain in protective custody; 125 or 126 (B) the protection of the community requires the child's detention in accordance 127 with Chapter 6, Part 2, Custody and Detention. 128 (b)(i) If a peace officer or child welfare caseworker is executing a warrant under 129 Subsection (3), the peace officer or child welfare caseworker shall take the child 130 to: 131 (A) a shelter facility; or 132 (B) if the division makes an emergency placement under Section 80-2a-301, the - 4 - 02-04 12:01 H.B. 413 133 emergency placement. 134 (ii) If a peace officer or a child welfare caseworker takes a child to a shelter facility 135 under Subsection (5)(b)(i), the peace officer or the child welfare caseworker shall 136 promptly file a written report that includes the child's information, on a form 137 provided by the division, with the shelter facility. 138 (c) A child removed or taken into protective custody under this section may not be 139 placed or kept in detention pending court proceedings, unless the child may be held 140 in detention under Chapter 6, Part 2, Custody and Detention. 141 (6)(a) The juvenile court shall issue a warrant authorizing a peace officer or a child 142 welfare worker to search for a child who is missing, has been abducted, or has run 143 away, and take the child into physical custody if the juvenile court determines that 144 the child is missing, has been abducted, or has run away from the protective custody, 145 temporary custody, or custody of the division. 146 (b) If the juvenile court issues a warrant under Subsection (6)(a): 147 (i) the division shall notify the child's parent or guardian who has a right to 148 parent-time with the child in accordance with Subsection 80-2a-203(5)(a); 149 (ii) the court shall order: 150 (A) the law enforcement agency that has jurisdiction over the location from which 151 the child ran away to enter a record of the warrant into the National Crime 152 Information Center database within 24 hours after the time in which the law 153 enforcement agency receives a copy of the warrant; and 154 (B) the division to notify the law enforcement agency described in Subsection 155 (6)(b)(ii)(A) of the order described in Subsection (6)(b)(ii)(A); and 156 (c) the court shall specify the location to which the peace officer or the child welfare 157 caseworker shall transport the child. 158 Section 3. Section 81-9-101 is amended to read: 159 81-9-101 . Definitions for chapter. 160 As used in this chapter: 161 (1) "Abuse" means the same as that term is defined in Section 80-1-102. 162 (2) "Biological sex at birth" means the same as that term is defined in Section 58-1-603. 163 [(2)] (3)(a) "Custodial responsibility" means all powers and duties relating to caretaking 164 authority and decision-making authority for a minor child. 165 (b) "Custodial responsibility" includes physical custody, legal custody, parenting time, 166 right to access, parent-time, and authority to grant limited contact with a minor child. - 5 - H.B. 413 02-04 12:01 167 [(3)] (4) "Domestic violence" means the same as that term is defined in Section 77-36-1. 168 (5) "Hormonal transgender treatment" means the same as that term is defined in Section 169 58-1-603. 170 [(4)] (6) "Joint legal custody" means the sharing of the rights, privileges, duties, and powers 171 of a parent by both parents, where specified. 172 [(5)] (7) "Joint physical custody" means the minor child stays with each parent overnight for 173 more than 30% of the year and both parents contribute to the expenses of the minor child 174 in addition to paying child support. 175 [(6)] (8)(a) "Parenting functions" means those aspects of the parent-child relationship in 176 which the parent makes decisions and performs functions necessary for the care and 177 growth of the minor child. 178 (b) "Parenting functions" include: 179 (i) maintaining a loving, stable, consistent, and nurturing relationship with the minor 180 child; 181 (ii) attending to the daily needs of the minor child, such as feeding, clothing, physical 182 care, grooming, supervision, health care, day care, and engaging in other activities 183 which are appropriate to the developmental level of the minor child and that are 184 within the social and economic circumstances of the particular family; 185 (iii) attending to adequate education for the minor child, including remedial or other 186 education essential to the best interest of the minor child; 187 (iv) assisting the minor child in developing and maintaining appropriate interpersonal 188 relationships; 189 (v) exercising appropriate judgment regarding the minor child's welfare, consistent 190 with the minor child's developmental level and family social and economic 191 circumstances; and 192 (vi) providing for the financial support of the minor child. 193 [(7)] (9)(a) "Parenting plan" means a plan for parenting a minor child. 194 (b) "Parenting plan" includes the allocation of parenting functions that are incorporated 195 in any final decree or decree of modification including an action for dissolution of 196 marriage, annulment, legal separation, or paternity. 197 (10) "Primary sex characteristic surgical procedure" means the same as that term is defined 198 in Section 58-67-102. 199 [(8)] (11) "Protective order" means: 200 (a) a civil protective order, as that term is defined in Section 78B-7-102; - 6 - 02-04 12:01 H.B. 413 201 (b) an ex parte civil protective order, as that term is defined in Section 78B-7-102; or 202 (c) a foreign protection order, as that term is defined in Section 78B-7-302. 203 [(9)] (12) "Psychological maltreatment" means a repeated pattern or extreme incident of 204 caretaker behavior that: 205 (a) intentionally thwarts a minor child's basic psychological needs, including physical 206 and psychological safety, cognitive stimulation, and respect; 207 (b) conveys that a minor child is worthless, defective, or expendable; and 208 (c) may terrorize a minor child. 209 (13) "Secondary sex characteristic surgical procedure" means the same as that term is 210 defined in Section 58-67-102. 211 [(10)] (14) "[ ]Service member" means a member of a uniformed service. 212 [(11)] (15) "Sexual abuse" means the same as that term is defined in Section 80-1-102. 213 [(12)] (16) "Supervised parent-time" means parent-time that requires the noncustodial parent 214 to be accompanied during parent-time by an individual approved by the court. 215 [(13)] (17) "Surrogate care" means care by any individual other than the parent of the minor 216 child. 217 [(14)] (18) "Uniformed service" means: 218 (a) active and reserve components of the United States Armed Forces; 219 (b) the United States Merchant Marine; 220 (c) the commissioned corps of the United States Public Health Service; 221 (d) the commissioned corps of the National Oceanic and Atmospheric Administration of 222 the United States; or 223 (e) the National Guard of a state. 224 [(15)] (19) "Uninterrupted time" means parent-time exercised by one parent without 225 interruption at any time by the presence of the other parent. 226 [(16)] (20) "Virtual parent-time" means parent-time facilitated by tools such as telephone, 227 email, instant messaging, video conferencing, and other wired or wireless technologies 228 over the Internet or other communication media, to supplement in-person visits between 229 a noncustodial parent and a minor child or between a minor child and the custodial 230 parent when the minor child is staying with the noncustodial parent. 231 Section 4. Section 81-9-204 is amended to read: 232 81-9-204 . Custody and parent-time of a minor child -- Custody factors -- 233 Preferences. 234 (1) In a proceeding between parents in which the custody and parent-time of a minor child - 7 - H.B. 413 02-04 12:01 235 is at issue, the court shall consider the best interests of the minor child in determining 236 any form of custody and parent-time. 237 (2) The court shall determine whether an order for custody or parent-time is in the best 238 interests of the minor child by a preponderance of the evidence. 239 (3) In determining any form of custody and parent-time under Subsection (1), the court 240 shall consider: 241 (a) for each parent, and in accordance with Section 81-9-104, evidence of domestic 242 violence, physical abuse, or sexual abuse involving the minor child, the parent, or a 243 household member of the parent; 244 (b) whether the parent has intentionally exposed the minor child to pornography or 245 material harmful to minors, as "material" and "harmful to minors" are defined in 246 Section 76-10-1201; and 247 (c) whether custody and parent-time would endanger the minor child's health or physical 248 or psychological safety. 249 (4) In determining the form of custody and parent-time that is in the best interests of the 250 minor child, the court may consider, among other factors the court finds relevant, the 251 following for each parent: 252 (a) evidence of psychological maltreatment; 253 (b) the parent's demonstrated understanding of, responsiveness to, and ability to meet the 254 developmental needs of the minor child, including the minor child's: 255 (i) physical needs; 256 (ii) emotional needs; 257 (iii) educational needs; 258 (iv) medical needs; and 259 (v) any special needs; 260 (c) the parent's capacity and willingness to function as a parent, including: 261 (i) parenting skills; 262 (ii) co-parenting skills, including: 263 (A) ability to appropriately communicate with the other parent; 264 (B) ability to encourage the sharing of love and affection; and 265 (C) willingness to allow frequent and continuous contact between the minor child 266 and the other parent, except that, if the court determines that the parent is 267 acting to protect the minor child from domestic violence, neglect, or abuse, the 268 parent's protective actions may be taken into consideration; and - 8 - 02-04 12:01 H.B. 413 269 (iii) ability to provide personal care rather than surrogate care; 270 (d) the past conduct and demonstrated moral character of the parent as described in 271 Subsection (9); 272 (e) the emotional stability of the parent; 273 (f) the parent's inability to function as a parent because of drug abuse, excessive 274 drinking, or other causes; 275 (g) the parent's reason for having relinquished custody or parent-time in the past; 276 (h) duration and depth of desire for custody or parent-time; 277 (i) the parent's religious compatibility with the minor child; 278 (j) the parent's financial responsibility; 279 (k) the child's interaction and relationship with step-parents, extended family members 280 of other individuals who may significantly affect the minor child's best interests; 281 (l) who has been the primary caretaker of the minor child; 282 (m) previous parenting arrangements in which the minor child has been happy and 283 well-adjusted in the home, school, and community; 284 (n) the relative benefit of keeping siblings together; 285 (o) the stated wishes and concerns of the minor child, taking into consideration the 286 minor child's cognitive ability and emotional maturity; 287 (p) the relative strength of the minor child's bond with the parent, meaning the depth, 288 quality, and nature of the relationship between the parent and the minor child; and 289 (q) any other factor the court finds relevant. 290 (5)(a) A minor child may not be required by either party to testify unless the trier of fact 291 determines that extenuating circumstances exist that would necessitate the testimony 292 of the minor child be heard and there is no other reasonable method to present the 293 minor child's testimony. 294 (b)(i) The court may inquire and take into consideration the minor child's desires 295 regarding future custody or parent-time schedules, but the expressed desires are 296 not controlling and the court may determine the minor child's custody or 297 parent-time otherwise. 298 (ii) The desires of a minor child who is 14 years old or older shall be given added 299 weight, but is not the single controlling factor. 300 (c)(i) If an interview with a minor child is conducted by the court in accordance with 301 Subsection (5)(b), the interview shall be conducted by the court in camera. 302 (ii) The prior consent of the parties may be obtained but is not necessary if the court - 9 - H.B. 413 02-04 12:01 303 finds that an interview with a minor child is the only method to ascertain the 304 minor child's desires regarding custody. 305 (6)(a) Except as provided in Subsection (6)(b), a court may not discriminate against a 306 parent due to a disability, as defined in Section 57-21-2, in awarding custody or 307 determining whether a substantial change has occurred for the purpose of modifying 308 an award of custody. 309 (b) The court may not consider the disability of a parent as a factor in awarding custody 310 or modifying an award of custody based on a determination of a substantial change in 311 circumstances, unless the court makes specific findings that: 312 (i) the disability significantly or substantially inhibits the parent's ability to provide 313 for the physical and emotional needs of the minor child at issue; and 314 (ii) the parent with a disability lacks sufficient human, monetary, or other resources 315 available to supplement the parent's ability to provide for the physical and 316 emotional needs of the minor child at issue. 317 (c) Nothing in this section may be construed to apply to adoption proceedings under 318 Title 78B, Chapter 6, Part 1, Utah Adoption Act. 319 (7) This section does not establish: 320 (a) a preference for either parent solely because of the gender of the parent; or 321 (b) a preference for or against joint physical custody or sole physical custody, but allows 322 the court and the family the widest discretion to choose a parenting plan that is in the 323 best interest of the minor child. 324 (8) When an issue before the court involves custodial responsibility in the event of a 325 deployment of a parent who is a service member and the service member has not yet 326 been notified of deployment, the court shall resolve the issue based on the standards in 327 Sections 78B-20-306 through 78B-20-309. 328 (9) In considering the past conduct and demonstrated moral standards of each party under 329 Subsection (4)(d) or any other factor a court finds relevant, the court may not: 330 (a)(i) consider or treat a parent's lawful possession or use of cannabis in a medicinal 331 dosage form, a cannabis product in a medicinal dosage form, or a medical 332 cannabis device, in accordance with Title 4, Chapter 41a, Cannabis Production 333 Establishments and Pharmacies, Title 26B, Chapter 4, Part 2, Cannabinoid 334 Research and Medical Cannabis, or Subsection 58-37-3.7(2) or (3) any differently 335 than the court would consider or treat the lawful possession or use of any 336 prescribed controlled substance; or - 10 - 02-04 12:01 H.B. 413 337 (ii) discriminate against a parent because of the parent's status as a: 338 (A) cannabis production establishment agent, as that term is defined in Section 339 4-41a-102; 340 (B) medical cannabis pharmacy agent, as that term is defined in Section 26B-4-201; 341 (C) medical cannabis courier agent, as that term is defined in Section [26B-4-201] 342 4-41a-102; or 343 (D) medical cannabis cardholder in accordance with Title 26B, Chapter 4, Part 2, 344 Cannabinoid Research and Medical Cannabis;[ or] 345 (b) discriminate against a parent based upon the parent's agreement or disagreement with 346 a minor child of the couple's: 347 (i) assertion that the minor child's gender identity is different from the minor child's 348 biological sex; or 349 (ii) practice of having or expressing a different gender identity than the minor child's 350 biological sex[.] ; or 351 (c) discriminate against a parent on the sole or partial basis that, with regard to a parent's 352 minor child, a parent: 353 (i) asserts that the minor child's gender identity is the same as the minor child's 354 biological sex; or 355 (ii) does not allow, authorize, accommodate, or support: 356 (A) hormonal transgender treatment for the minor child; or 357 (B) a primary sex characteristic surgical procedure or secondary sex characteristic 358 surgical procedure for the minor child. 359 (10)(a) The court shall consider evidence of domestic violence if evidence of domestic 360 violence is presented. 361 (b) The court shall consider as primary, the safety and well-being of the minor child and 362 the parent who experiences domestic violence. 363 (c) A court shall consider an order issued by a court in accordance with Title 78B, 364 Chapter 7, Part 6, Cohabitant Abuse Protective Orders, as evidence of real harm or 365 substantiated potential harm to the minor child. 366 (d) If a parent relocates because of an act of domestic violence or family violence by the 367 other parent, the court shall make specific findings and orders with regards to the 368 application of Section 81-9-209. 369 (11) Absent a showing by a preponderance of evidence of real harm or substantiated 370 potential harm to the minor child: - 11 - H.B. 413 02-04 12:01 371 (a) it is in the best interest of the minor child to have frequent, meaningful, and 372 continuing access to each parent following separation or divorce; 373 (b) each parent is entitled to and responsible for frequent, meaningful, and continuing 374 access with the parent's minor child consistent with the minor child's best interests; 375 and 376 (c) it is in the best interest of the minor child to have both parents actively involved in 377 parenting the minor child. 378 (12) Notwithstanding any other provision of this chapter, the court may not grant custody or 379 parent-time of a minor child to a parent convicted of a sexual offense, as defined in 380 Section 77-37-2, that resulted in the conception of the minor child unless: 381 (a) the nonconvicted biological parent, or the legal guardian of the minor child, consents 382 to custody or parent-time and the court determines it is in the best interest of the 383 minor child to award custody or parent-time to the convicted parent; or 384 (b) after the date of the conviction, the convicted parent and the nonconvicted parent 385 cohabit and establish a mutual custodial environment for the minor child. 386 (13) A denial of custody or parent-time under Subsection (12) does not: 387 (a) terminate the parental rights of the parent denied parent-time or custody; or 388 (b) affect the obligation of the convicted parent to financially support the minor child. 389 Section 5. Effective Date. 390 This bill takes effect on May 7, 2025. - 12 -