Child Welfare Changes

40
26B-1-506
26B-1-507
78A-2-104
78A-2-104.5
78A-2-702
78A-2-704
78A-2-801
78A-2-802
78A-2-803
80-1-102
80-2-102
80-2a-101
80-3-102
80-3-104
80-4-102
81-13-202
0
Child Welfare Changes
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Karianne Lisonbee
Senate Sponsor: Wayne A. Harper
LONG TITLE
General Description:
This bill addresses guardians ad litem and consideration of a minor's best interest.
Highlighted Provisions:
This bill:
makes modifications to the Guardian ad Litem Oversight Committee;
modifies the responsibilities of the director of the Office of Guardian ad Litem;
requires an attorney guardian ad litem to inform the court at each hearing:
whether the minor expressed a desire to attend the hearing; and
of the date of the attorney guardian ad litem's last interaction with the minor;
addresses when a guardian ad litem is appointed;
adjusts the responsibilities and obligations of an attorney guardian ad litem;
directs a court to consider the best interest of a minor within the context of the principles
and provisions in Sections 80-2a-201 and 80-4-104;
clarifies that the report provided to the Child Welfare Legislative Oversight Panel and the
chairs of the Health and Human Services Interim Committee by the fatality review
committee within the Division of Continuous Quality and Improvement should not be
fully redacted; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
26B-1-506
, as last amended by Laws of Utah 2024, Chapter 288
26B-1-507
, as last amended by Laws of Utah 2024, Chapter 288
78A-2-104
, as last amended by Laws of Utah 2023, Chapter 394
78A-2-702
, as last amended by Laws of Utah 2021, Chapter 262
78A-2-704
, as last amended by Laws of Utah 2022, Chapter 335
78A-2-801
, as last amended by Laws of Utah 2022, Chapter 334
78A-2-802
, as last amended by Laws of Utah 2023, Chapter 394
78A-2-803
, as last amended by Laws of Utah 2023, Chapter 280
80-1-102
, as last amended by Laws of Utah 2025, Chapter 426
80-2-102
, as last amended by Laws of Utah 2025, Chapter 48
80-2a-101
, as last amended by Laws of Utah 2025, Chapter 426
80-3-102
, as last amended by Laws of Utah 2025, Chapter 426
80-3-104
, as last amended by Laws of Utah 2022, Chapter 334
80-4-102
, as last amended by Laws of Utah 2022, Chapter 335
81-13-202
, as renumbered and amended by Laws of Utah 2025, Chapter 426
ENACTS:
78A-2-104.5
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
26B-1-506
is amended to read:
26B-1-506
. Fatality review committee report -- Response to report.
(1)
Within 20 days after the day on which the committee proceedings described in Section
26B-1-505
end, the committee shall submit:
(a)
a written report to the executive director that includes:
(i)
the advisory opinions made under Subsection
26B-1-505(6)
; and
(ii)
any recommendations regarding action that should be taken in relation to an
employee of the department or a person who contracts with the department; and
(b)
a copy of the report described in Subsection
(1)(a)
to:
(i)
the director, or the director's designee, of the office or division to which the near
fatality or the death relates; and
(ii)
the regional director, or the regional director's designee, of the region to which
the near fatality or the death relates.
(2)
(a)
Within 60 days after the day on which the director described in Subsection
(1)(b)(i)
receives a copy of the report described in Subsection
(1)(a)
, the department
shall provide a written response
, with only identifying information redacted,
to the
Office of Legislative Research and General Counsel, if the report:
(a)
(i)
indicates that a law, rule, policy, or procedure was not complied with;
(b)
(ii)
indicates that the near fatality or the death was not responded to properly;
(c)
(iii)
recommends that a law, rule, policy, or procedure be changed; or
(d)
(iv)
indicates that additional training is needed.
(b)
Only the following information in the report shall be redacted:
(i)
identifying information of a referent; and
(ii)
the surname and address of an individual that is not described in Subsection
(2)(b)(i)
.
(3)
The response described in Subsection
(2)
shall include:
(a)
a plan of action to implement any recommended improvements within the
department; and
(b)
the approval of the executive director or the executive director's designee for the plan
described in Subsection
(3)(a)
.
(4)
A report described in Subsection
(1)
and the response described in Subsection
(2)
is a
protected record.
(5)
(a)
As used in this Subsection
(5)
, "fatality review document" means any document
created in connection with, or as a result of, a formal review of a near fatality or a
death, or a decision whether to conduct a formal review of a near fatality or a death,
including:
(i)
a report described in Subsection
(1)
;
(ii)
a response described in Subsection
(2)
;
(iii)
a recommendation regarding whether a formal review should be conducted;
(iv)
a decision to conduct a formal review;
(v)
notes of a person who participates in a formal review;
(vi)
notes of a person who reviews a formal review report;
(vii)
minutes of a formal review;
(viii)
minutes of a meeting where a formal review report is reviewed; and
(ix)
minutes of, documents received in relation to, and documents generated in
relation to, the portion of a meeting of the Health and Human Services Interim
Committee or the Child Welfare Legislative Oversight Panel that a formal review
report or a document described in this Subsection
(5)(a)
is reviewed or discussed.
(b)
A fatality review document is not subject to discovery, subpoena, or similar
compulsory process in any civil, judicial, or administrative proceeding, nor shall any
individual or organization with lawful access to the data be compelled to testify with
regard to a report described in Subsection
(1)
or a response described in Subsection
(2)
.
(c)
The following are not admissible as evidence in a civil, judicial, or administrative
proceeding:
(i)
a fatality review document; and
(ii)
an executive summary described in Subsection
26B-1-507(4)
.
Section 2. Section
26B-1-507
is amended to read:
26B-1-507
. Reporting to, and review by, legislative committees.
(1)
(a)
On or before September 1 of each year, the department shall provide
, with only
identifying information redacted,
a copy of the report described in Subsection
26B-1-506(1)
(b),
26B-1-506(1)
and the response described in Subsection
26B-1-506(2)
to the Office of Legislative Research and General Counsel and the
chairs of:
(a)
(i)
the Health and Human Services Interim Committee;
or
and
(b)
(ii)
if the qualified individual who is the subject of the report is an individual
described in Subsection 26B-1-501(7)(c), (d), or (h),
the Child Welfare
Legislative Oversight Panel
, if the individual who is the subject of the report is a
qualified individual described in Subsection
26B-1-501(7)(c)
,
(d)
, or
(h)
.
(b)
Only the following information in the report shall be redacted:
(i)
identifying information of a referent; and
(ii)
the surname and address of an individual that is not described in Subsection
(1)(b)(i)
.
(2)
(a)
The Health and Human Services Interim Committee may, in a closed meeting,
review a report described in Subsection
26B-1-506(1)
(b)
26B-1-506(1)
.
(b)
The Child Welfare Legislative Oversight Panel shall, in a closed meeting, review a
report described in Subsection
(1)(b)
26B-1-506(1)
.
(3)
(a)
The Health and Human Services Interim Committee and the Child Welfare
Legislative Oversight Panel may not interfere with, or make recommendations
regarding, the resolution of a particular case.
(b)
The purpose of a review described in Subsection
(2)
is to assist a committee or panel
described in Subsection
(2)
in determining whether to recommend a change in the
law.
(c)
Any recommendation, described in Subsection
(3)(b)
, by a committee or panel for a
change in the law shall be made in an open meeting.
(4)
On or before September 1 of each year, the department shall provide an executive
summary of all formal review reports for the preceding state fiscal year to:
(a)
the Office of Legislative Research and General Counsel;
(b)
the Health and Human Services Interim Committee; and
(c)
the Child Welfare Legislative Oversight Panel.
(5)
The executive summary described in Subsection
(4)
:
(a)
may not include any names or identifying information;
(b)
shall include:
(i)
all recommendations regarding changes to the law that were made during the
preceding fiscal year under Subsection
26B-1-505(6)
;
(ii)
all changes made, or in the process of being made, to a law, rule, policy, or
procedure in response to a formal review that occurred during the preceding fiscal
year;
(iii)
a description of the training that has been completed in response to a formal
review that occurred during the preceding fiscal year;
(iv)
statistics for the preceding fiscal year regarding:
(A)
the number of qualified individuals and the type of deaths and near fatalities
that are known to the department;
(B)
the number of formal reviews conducted;
(C)
the categories described in Subsection
26B-1-501(7)
of qualified individuals;
(D)
the gender, age, race, and other significant categories of qualified individuals;
and
(E)
the number of fatalities of qualified individuals known to the department that
are identified as suicides; and
(v)
action taken by the Division of Licensing and Background Checks in response to
the near fatality or the death of a qualified individual; and
(c)
is a public document.
(6)
The Division of Child and Family Services shall, to the extent required by the federal
Child Abuse Prevention and Treatment Act of 1988, Pub. L. No. 93-247, as amended,
allow public disclosure of the findings or information relating to a case of child abuse or
neglect that results in a child fatality or a near fatality.
Section 3. Section
78A-2-104
is amended to read:
78A-2-104
. Judicial Council -- Creation -- Members -- Terms and election --
Responsibilities -- Reports.
(1)
The Judicial Council is composed of:
(a)
the chief justice of the Supreme Court;
(b)
one member elected by the justices of the Supreme Court;
(c)
one member elected by the judges of the Court of Appeals;
(d)
one member elected by the judges of the Business and Chancery Court;
(e)
six members elected by the judges of the district courts;
(f)
three members elected by the judges of the juvenile courts;
(g)
three members elected by the justice court judges; and
(h)
a member or ex officio member of the Board of Commissioners of the Utah State Bar
who is an active member of the Utah State Bar in good standing at the time of
election by the Board of Commissioners.
(2)
The Judicial Council shall have a seal.
(3)
(a)
The chief justice of the Supreme Court shall act as presiding officer of the Judicial
Council and chief administrative officer for the courts.
(b)
The chief justice shall vote only in the case of a tie.
(4)
(a)
All members of the Judicial Council shall serve for three-year terms.
(b)
If a Judicial Council member should die, resign, retire, or otherwise fail to complete
a term of office, the appropriate constituent group shall elect a member to complete
the term of office.
(c)
In courts having more than one member, the members shall be elected to staggered
terms.
(d)
The individual elected by the Board of Commissioners under Subsection
(1)(h)
may
complete a three-year term of office on the Judicial Council even though the
individual ceases to be a member or ex officio member of the Board of
Commissioners.
(e)
The individual elected by the Board of Commissioners under Subsection
(1)(h)
shall
be an active member of the Utah State Bar in good standing for the entire term of the
Judicial Council.
(f)
Elections are held under rules made by the Judicial Council.
(5)
(a)
The Judicial Council is responsible for the development of uniform administrative
policy for the courts throughout the state.
(b)
The presiding officer of the Judicial Council is responsible for the implementation of
the policies developed by the Judicial Council and for the general management of the
courts, with the aid of the state court administrator.
(c)
The Judicial Council has authority and responsibility to:
(i)
establish and assure compliance with policies for the operation of the courts,
including uniform rules and forms; and
(ii)
publish and submit to the governor, the chief justice of the Supreme Court, and
the Legislature an annual report of the operations of the courts, which shall
include financial and statistical data and may include suggestions and
recommendations for legislation.
(6)
The Judicial Council shall establish standards for the operation of the courts of the state,
including facilities, court security, support services, and staff levels for judicial and
support personnel.
(7)
The Judicial Council shall by rule:
(a)
establish the time and manner for destroying court records, including computer
records; and
(b)
establish retention periods for court records.
(8)
(a)
Consistent with the requirements of judicial office and security policies, the
Judicial Council shall establish procedures to govern the assignment of state vehicles
to public officers of the judicial branch.
(b)
The vehicles shall be marked in a manner consistent with Section
41-1a-407
and may
be assigned for unlimited use, within the state only.
(9)
(a)
The Judicial Council shall:
(i)
advise judicial officers and employees concerning ethical issues; and
(ii)
establish procedures for issuing informal and formal advisory opinions on ethical
issues.
(b)
Compliance with an informal opinion is evidence of good faith compliance with the
Code of Judicial Conduct.
(c)
A formal opinion constitutes a binding interpretation of the Code of Judicial Conduct.
(10)
(a)
The Judicial Council shall establish written procedures authorizing the presiding
officer of the Judicial Council to appoint judges of courts of record by special or
general assignment to serve temporarily in another level of court in a specific court or
generally within that level.
(b)
The appointment under Subsection
(10)(a)
shall be:
(i)
for a specific period of time; and
(ii)
reported to the Judicial Council.
(c)
The Judicial Council shall develop the procedures described in this Subsection
(10)

in accordance with Subsection
78A-2-107(2)
regarding the temporary appointment of
judges.
(11)
(a)
The Judicial Council may by rule designate municipalities in addition to those
designated by statute as a location of a trial court of record.
(b)
There shall be at least one court clerk's office open during regular court hours in each
county.
(c)
Any trial court of record may hold court in any municipality designated as a location
of a court of record.
(12)
The Judicial Council shall by rule determine whether the administration of a court is
the obligation of the Administrative Office of the Courts or whether the Administrative
Office of the Courts should contract with local government for court support services.
(13)
The Judicial Council may by rule direct that a district court location be administered
from another court location within the county.
(14)
(a)
The Judicial Council shall:
(i)
(a)
establish the Office of Guardian
Ad
ad
Litem in accordance with
Title 78A,
Chapter 2, Part 8, Guardian Ad Litem
; and
(ii)
(b)
establish and supervise a Guardian
Ad
ad
Litem Oversight Committee
.
, in
accordance with Section
78A-2-104.5
.
(b)
The Guardian Ad Litem Oversight Committee described in Subsection
(14)(a)(ii)

shall oversee the Office of Guardian Ad Litem, established under Subsection
(14)(a)(i)
, and assure that the Office of Guardian Ad Litem complies with state and
federal law, regulation, policy, and court rules.
(15)
The Judicial Council shall establish and maintain, in cooperation with the Office of
Recovery Services within the Department of Health and Human Services, the part of the
state case registry that contains records of each support order established or modified in
the state on or after October 1, 1998, as is necessary to comply with the Social Security
Act, 42 U.S.C. Sec. 654a.
Section 4. Section
78A-2-104.5
is enacted to read:
78A-2-104.5
. Guardian ad Litem Oversight Committee.
(1)
There is established the Guardian ad Litem Oversight Committee, supervised by the
Judicial Council.
(2)
The committee shall consist of:
(a)
seven members appointed by the Judicial Council, including:
(i)
a current or former juvenile court judge;
(ii)
an attorney with experience representing parents in child welfare cases;
(iii)
an attorney with experience representing the Division of Child and Family
Services in child welfare cases;
(iv)
a behavioral or mental health clinical provider with experience working with
families involved in child welfare cases;
(v)
an individual with experience working with or advocating for youth in foster care;
(vi)
an individual with lived experience as a parent involved with the child welfare
system; and
(vii)
an individual with lived experience as a child or youth involved with the child
welfare system;
(b)
two members appointed by the Administrative Office of the Courts, including:
(i)
a current or former court administrator; and
(ii)
a current internal court auditor;
(c)
a member of the Senate, whom the president of the Senate appoints;
(d)
a member of the House of Representatives, whom the speaker of the House of
Representatives appoints; and
(e)
the guardian ad litem director, described in Section
78A-2-802
, or the director's
designee.
(3)
The committee shall:
(a)
oversee the statewide guardian ad litem program;
(b)
evaluate the Office of Guardian ad Litem's compliance with the statutory obligations
described in Section
78A-2-802
;
(c)
assess the effectiveness of the statewide guardian ad litem program, including in:
(i)
cases in which the minor is the subject of an abuse, neglect, or dependency
petition as described in Section
78A-2-803
;
(ii)
cases in which an attorney guardian ad litem is appointed by the district court as
described in Section
78A-2-703
;
(iii)
cases in which a private guardian ad litem is appointed, as described in Section
78A-2-705
; and
(iv)
any other cases in which a guardian ad litem represents a minor, including as
described in Section
78B-7-202
,
80-4-106
,
80-7-104
, or
81-13-203
;
(d)
annually review a randomly selected sample of the statewide guardian ad litem
program cases, including attorney guardian ad litem and private guardian ad litem
cases;
(e)
review the report described in Section
78A-2-802
; and
(f)
make recommendations regarding the statewide guardian ad litem program.
(4)
In reviewing cases as described in Subsection
(3)(d)
, the committee shall assess:
(a)
whether the office is adequately representing the minor's interests;
(b)
compliance with the requirement to conduct an independent investigation, meet with
the minor, and keep the minor informed regarding the case; and
(c)
the outcomes of cases for children and families.
(5)
The committee may:
(a)
replace the guardian ad litem director in accordance with Section
78A-2-802
;
(b)
establish policies, requirements, or guidelines for guardians ad litem; and
(c)
subject to Subsection
(6)
, review and discuss individual cases assigned to the Office
of Guardian ad Litem.
(6)
(a)
If the committee discusses an individual case, the committee shall close the
committee's meeting in accordance with Title 52, Chapter 4, Open and Public
Meetings Act.
(b)
A record of the committee regarding an individual case:
(i)
is classified as private under Section
63G-2-302
; and
(ii)
may be disclosed only in accordance with federal law and Title 63G, Chapter 2,
Government Records Access and Management Act.
(c)
The committee shall have access to all of the Office of Guardian ad Litem's records,
including records regarding individual cases.
(d)
Except as provided in Subsection
(6)(c)
, and notwithstanding Title 63G, Chapter 2,
Government Records Access and Management Act, all records of an attorney
guardian ad litem are confidential and may not be released or made public upon
subpoena, search warrant, discovery proceedings, or otherwise.
(e)
In accordance with Title 63G, Chapter 2, Government Records Access and
Management Act, all documents and information received by the committee from the
Office of Guardian ad Litem shall maintain the same classification under Title 63G,
Chapter 2, Government Records Access and Management Act, that was designated
by the Office of Guardian ad Litem.
(f)
Subsection
(6)(c)
is an exception to Utah Rules of Professional Conduct, Rule 1.6, as
provided by Rule 1.6(b)(4), because of:
(i)
the unique role of an attorney guardian ad litem; and
(ii)
the state's role and responsibility to provide a guardian ad litem program, and as
parens patriae, to protect minors.
(7)
The committee shall meet at least quarterly.
(8)
A member may not receive compensation or benefits for the member's service, but may
receive per diem and travel expenses in accordance with:
(a)
Section
63A-3-106
;
(b)
Section
63A-3-107
; and
(c)
rules made by the Division of Finance in accordance with Sections
63A-3-106
and
63A-3-107
.
(9)
On or before November 1, the committee shall provide an annual report to the Judicial
Council and the Child Welfare Legislative Oversight Panel regarding the committee's
activities, findings, and recommendations.
Section 5. Section
78A-2-702
is amended to read:
78A-2-702
. Definitions.
(1)
As used in this part:
(1)
(a)
"Attorney guardian ad litem" means an attorney employed by the office.
(2)
(b)
"Director" means the director of the office.
(c)
"Expressed interest" means the same as that term is defined in Section
80-1-102
.
(3)
(d)
"Guardian ad litem" means an attorney guardian ad litem or a private attorney
guardian ad litem.
(4)
(e)
"Office" means the Office of Guardian ad Litem, created in Section
78A-2-802
.
(5)
(f)
"Private attorney guardian ad litem" means an attorney designated by the office
in accordance with Section
78A-2-705
who is not an employee of the office.
(2)
A determination of a minor's best interest under this part shall be made in accordance
with Sections
80-2a-201
,
80-4-104
, and any other section of this title consistent with
those sections.
Section 6. Section
78A-2-704
is amended to read:
78A-2-704
. Public policy regarding attorney guardian ad litem -- Training.
(1)
An attorney guardian ad litem may not presume that a child and the child's parent are
adversaries.
(2)
An attorney guardian ad litem shall be trained on and implement into practice:
(a)
the parental rights and child and family protection principles provided in Section
80-2a-201
;
(b)
the fundamental liberties of parents and the public policy of the state to support
family unification to the fullest extent possible;
(c)
the constitutionally protected rights of parents, in cases where the state is a party;
(d)
the use of a least restrictive means analysis regarding state claims of a compelling
child welfare interest;
(e)
the priority of maintaining a child safely in the child's home, whenever possible;
(f)
the importance of:
(i)
kinship placement,
in the event
if
the child is removed from the home; and
(ii)
keeping sibling groups together, whenever practicable and in the best interests of
the children;
(g)
the preference for kinship adoption over nonkinship adoption, if the parent-child
relationship is legally terminated;
(h)
the potential for a guardianship placement if the parent-child relationship is legally
terminated and no appropriate adoption placement is available; and
(i)
the use of an individualized permanency plan, only as a last resort.
(3)
The office shall implement policies and practice guidelines that reflect the priorities
described in Subsections
(2)(e)
through
(i)
for the placement of children.
Section 7. Section
78A-2-801
is amended to read:
78A-2-801
. Definitions.
(1)
As used in this part:
(1)
(a)
"Abuse, neglect, or dependency petition" means the same as that term is defined
in Section
80-3-102
.
(2)
(b)
"Attorney guardian ad litem" means an attorney employed by the office.
(3)
(c)
"Director" means the director of the office.
(4)
(d)
"Division" means the Division of Child and Family Services created in Section
80-2-201
.
(5)
(e)
"Guardian ad litem" means an attorney guardian ad litem or a private attorney
guardian ad litem.
(6)
(f)
"Indigent individual" means the same as that term is defined in Section
78B-22-102
.
(7)
(g)
"Minor" means the same as that term is defined in Section
80-1-102
.
(8)
(h)
"Office" means the Office of Guardian Ad Litem created in Section
78A-2-802
.
(9)
(i)
"Private attorney guardian ad litem" means an attorney designated by the office
in accordance with Section
78A-2-705
who is not an employee of the office.
(2)
A determination of a minor's best interest under this chapter shall be made in
accordance with Sections
80-2a-201
,
80-4-104
, and any other section of this title
consistent with those sections.
Section 8. Section
78A-2-802
is amended to read:
78A-2-802
. Office of Guardian ad Litem -- Appointment of director -- Duties of
director -- Contracts in second, third, and fourth districts.
(1)
There is created the Office of Guardian
Ad
ad
Litem under the direct supervision of the
Guardian
Ad
ad
Litem Oversight Committee described in
Subsection
78A-2-104(14)
Section
78A-2-104.5
.
(2)
(a)
The Guardian
Ad
ad
Litem Oversight Committee shall appoint one individual to
serve full time as the guardian ad litem director for the state.
(b)
The guardian ad litem director shall:
(i)
serve at the pleasure of the Guardian
Ad
ad
Litem Oversight Committee, in
consultation with the state court administrator;
(ii)
be an attorney licensed to practice law in this state and selected on the basis of:
(A)
professional ability;
(B)
experience in abuse, neglect, and dependency proceedings;
(C)
familiarity with the role, purpose, and function of guardians ad litem in both
juvenile and district courts; and
(D)
ability to develop training curricula and reliable methods for data collection
and evaluation; and
(iii)
before or immediately after the director's appointment, be trained in nationally
recognized standards for an attorney guardian ad litem.
(3)
The guardian ad litem director shall:
(a)
establish policy and procedure for the management of a statewide guardian ad litem
program;
(b)
manage the guardian ad litem program to assure that a minor receives qualified
guardian ad litem services in an abuse, neglect, or dependency proceeding under
Title
80, Chapter 3, Abuse, Neglect, and Dependency Proceedings
, in accordance with
state and federal law and policy;
(c)
develop standards for contracts of employment and contracts with independent
contractors, and employ or contract with attorneys licensed to practice law in this
state, to act as attorney guardians ad litem in accordance with Section
78A-2-803
;
(d)
develop and provide training programs for volunteers in accordance with the United
States Department of Justice National Court Appointed Special
Advocates
Advocate

Association standards;
(e)
develop
, publish,
and update a guardian ad litem manual that includes:
(i)
best practices for an attorney guardian ad litem; and
(ii)
statutory and case law relating to an attorney guardian ad litem;
(f)
develop and provide a library of materials for the continuing education of attorney
guardians ad litem and volunteers;
(g)
educate court personnel regarding the role and function of guardians ad litem;
(h)
develop needs assessment strategies, perform needs assessment surveys, and ensure
that guardian ad litem training programs correspond with actual and perceived needs
for training;
(i)
design and implement evaluation tools based on specific objectives targeted in the
needs assessments described in Subsection
(3)(h)
;
(j)
evaluate the performance of attorney guardians ad litem and private guardians ad
litem, including tracking the frequency of a guardian ad litem's interactions with a
minor and whether the interaction was:
(i)
directly with the minor in person;
(ii)
directly with the minor through telephone, video, or writing; or
(iii)
indirectly with the minor through an assigned trained volunteer, in accordance
with Section
78A-2-803
;
(j)
(k)
prepare and submit an annual report to the Guardian ad Litem Oversight
Committee and the Child Welfare Legislative Oversight Panel created in Section
36-33-102
regarding:
(i)
the development, policy, and management of the statewide guardian ad litem
program;
(ii)
the training and evaluation of attorney guardians ad litem and volunteers
,
including needs assessment surveys and evaluation tools described in Subsections
(3)(h)
and
(i)
;
(iii)
specific action the director has taken to:
(A)
confirm that minor clients receive qualified guardian ad litem services; and
(B)
audit and review cases assigned to the office for statutory compliance, best
practices, and outcomes;
(iv)
guardians ad litem client interaction data;
and
(iii)
(v)
the number of minors served by the office;
(k)
(l)
hire, train, and supervise investigators; and
(l)
(m)
administer the program of private attorney guardians ad litem established under
Section
78A-2-705
.
(4)
A contract of employment or independent contract described in Subsection
(3)(c)
shall
provide that an attorney guardian ad litem in the second, third, and fourth judicial
districts devote the attorney guardian's ad litem full time and attention to the role of
attorney guardian ad litem, having no clients other than the minors whose interest the
attorney guardian ad litem represents within the guardian ad litem program.
Section 9. Section
78A-2-803
is amended to read:
78A-2-803
. Appointment of attorney guardian ad litem -- Duties and
responsibilities -- Training -- Trained staff and court-appointed special advocate
volunteers -- Costs -- Immunity -- Annual report.
(1)
(a)
The court:
(i)
may appoint an attorney guardian ad litem to represent
the best interest of
a
minor involved in any case before the court; and
(ii)
shall consider the best interest of a minor, consistent with the provisions of
Section
80-2a-201
, in determining whether to appoint a guardian ad litem.
(b)
In all cases where an attorney guardian ad litem is appointed, the court shall make a
finding that establishes the necessity of the appointment
within seven days of the
appointment
.
(2)
An
Following appointment by the court, an
attorney guardian ad litem shall represent
the
best interest of each
minor who
may become
is
the subject of an abuse, neglect, or
dependency petition
from the earlier of:
in accordance with Subsection
(8)
.
(a)
the day on which the minor is removed from the minor's home by the division; or
(b)
the day on which the abuse, neglect, or dependency petition is filed.
(3)
The director shall ensure that each attorney guardian ad litem employed by the office:
(a)
represents the best interest of each client of the office in all venues, including:
(i)
court proceedings; and
(ii)
meetings to develop, review, or modify the child and family plan with the
division in accordance with Section
80-3-307
;
(b)
before representing any minor before the court, be trained in:
(i)
applicable statutory, regulatory, and case law; and
(ii)
nationally recognized standards for an attorney guardian ad litem;
(c)
conducts or supervises an ongoing, independent investigation in order to obtain,
first-hand, a clear understanding of the situation
and
,
needs
, and wishes
of the
minor;
(d)
(i)
personally meets with the minor, unless:
(A)
the minor is outside of the state; or
(B)
meeting with the minor would be detrimental to the minor;
(ii)
personally interviews the minor, unless:
(A)
the minor is not old enough to communicate;
(B)
the minor lacks the capacity to participate in a meaningful interview; or
(C)
the interview would be detrimental to the minor; and
(iii)
if the minor is placed in an out-of-home placement, or is being considered for
placement in an out-of-home placement, unless it would be detrimental to the
minor
:
,
(A)
to the extent possible, determines the minor's goals and concerns regarding
placement
; and
;
(B)
personally assesses or supervises an assessment of the appropriateness and
safety of the minor's environment in each placement;
(e)
personally attends all review hearings pertaining to the minor's case;
(f)
participates in all appeals, unless excused by order of the court;
(g)
is familiar with local experts who can provide consultation and testimony regarding
the reasonableness and appropriateness of efforts made by the division to:
(i)
maintain a minor in the minor's home; or
(ii)
reunify a minor with a minor's parent;
(h)
to the extent possible, and unless it would be detrimental to the minor, personally or
through a trained volunteer, paralegal, or other trained staff, keeps the minor advised
of:
(i)
the status of the minor's case;
(ii)
all court and administrative proceedings;
(iii)
discussions with, and proposals made by, other parties;
(iv)
court action; and
(v)
the psychiatric, medical, or other treatment or diagnostic services that are to be
provided to the minor;
(i)
in cases where a child and family plan is required, personally or through a trained
volunteer, paralegal, or other trained staff, monitors implementation of a minor's
child and family plan and any dispositional orders to:
(i)
determine whether services ordered by the court:
(A)
are actually provided; and
(B)
are provided in a timely manner; and
(ii)
attempt to
assess whether services ordered by the court are accomplishing the
intended goal of the services; and
(j)
makes all necessary court filings to advance the
guardian's ad litem position
regarding the best interest of the minor
orders and established goals of the court
.
(4)
(a)
Consistent with this Subsection
(4)
, an attorney guardian ad litem may use trained
volunteers, in accordance with
Title 67, Chapter 20, Volunteer Government Workers
Act
, trained paralegals, and other trained staff to assist in investigation and
preparation of information regarding the cases of individual minors before the court.
(b)
A volunteer, paralegal, or other staff utilized under this section shall be trained in
and follow, at a minimum, the guidelines established by the United States
Department of Justice
National
Court Appointed Special Advocate Association.
(5)
The attorney guardian ad litem shall continue to represent the best interest of the minor
until released from that duty by the court.
(6)
(a)
Consistent with Subsection
(6)(b)
, the juvenile court is responsible for:
(i)
all costs resulting from the appointment of an attorney guardian ad litem; and
(ii)
the costs of volunteer, paralegal, and other staff appointment and training.
(b)
The court shall use funds appropriated by the Legislature for the guardian ad litem
program to cover the costs described in Subsection
(6)(a)
.
(c)
(i)
When the court appoints an attorney guardian ad litem under this section, the
court may assess all or part of the attorney fees, court costs, and paralegal, staff,
and volunteer expenses against the minor's parents, parent, or legal guardian in a
proportion that the court determines to be just and appropriate, taking into
consideration costs already borne by the parents, parent, or legal guardian,
including:
(A)
private attorney fees;
(B)
counseling for the minor;
(C)
counseling for the parent, if mandated by the court or recommended by the
division; and
(D)
any other cost the court determines to be relevant.
(ii)
The court may not assess the fees or costs described in Subsection
(6)(c)(i)

against:
(A)
a legal guardian, when that guardian is the state; or
(B)
consistent with Subsection
(6)(d)
, a parent who is found to be an indigent
individual.
(d)
For purposes of Subsection
(6)(c)(ii)(B)
, if an individual claims to be an indigent
individual, the court shall:
(i)
require the individual to submit an affidavit of indigency as provided in Section
78A-2-302
; and
(ii)
follow the procedures and make the determinations as provided in Section
78A-2-304
.
(e)
The minor's parents, parent, or legal guardian may appeal the court's determination,
under Subsection
(6)(c)
, of fees, costs, and expenses.
(7)
An attorney guardian ad litem appointed under this section, when serving in the scope
of the attorney guardian's ad litem duties as guardian ad litem is considered an employee
of the state for purposes of indemnification under
Title 63G, Chapter 7, Governmental
Immunity Act of Utah
.
(8)
(a)
An attorney guardian ad litem shall represent the best interest of a minor.
(b)
If the minor's wishes differ from the attorney's determination of the minor's best
interest, the attorney guardian ad litem shall
:
(i)

communicate the minor's wishes to the court in addition to presenting the
attorney's determination of the minor's best interest
; and
(ii)
provide the basis for the attorney's determination to the court and to the minor
.
(c)
A difference between the minor's wishes and the attorney's determination of best
interest may not be considered a conflict of interest for the attorney.
(d)
The guardian ad litem shall disclose the wishes of the minor unless the minor:
(i)
instructs the guardian ad litem to not disclose the minor's wishes; or
(ii)
has not expressed any wishes.
(e)
The court may appoint one attorney guardian ad litem to represent the best interests
of
more than one minor of a marriage
minor siblings if no conflict is present
.
(9)
At each hearing, the attorney guardian ad litem shall inform the court:
(a)
whether the minor expressed a desire to be present at the hearing; and
(b)
of the date that the attorney guardian ad litem most recently spoke with the minor,
including whether the interaction was:
(i)
directly with the minor in person;
(ii)
directly with the minor through telephone, video, or writing; or
(iii)
indirectly with the minor through an assigned trained volunteer, in accordance
with Subsection
(4)
.
(10)
(a)
A minor may request a change in an appointed attorney guardian ad litem
directly if there is good cause.
(b)
The court shall determine whether to change the appointed attorney guardian ad
litem.
(9)
(11)
The division shall provide an attorney guardian ad litem access to all division
records regarding the minor at issue and the minor's family.
(10)
(12)
(a)
An attorney guardian ad litem shall conduct an independent investigation
regarding the minor at issue, the minor's family, and what is in the best interest of the
minor.
(b)
An attorney guardian ad litem may interview the minor's child welfare caseworker,
but may not:
(i)
rely exclusively on the conclusions and findings of the division; or
(ii)
except as provided in Subsection
(10)(c)
(12)(c)
, conduct a visit with the client
in conjunction with the visit of a child welfare caseworker.
(c)
(i)
An attorney guardian ad litem may meet with a client during a team meeting,
court hearing, or similar venue when a child welfare caseworker is present for a
purpose other than the attorney guardian ad litem's meeting with the client.
(ii)
A party and the party's counsel may attend a team meeting in accordance with the
Utah Rules of Professional Conduct.
(11)
(13)
(a)
An attorney guardian ad litem shall maintain current and accurate records
regarding:
(i)
the number of times the attorney has had contact with each minor; and
(ii)
the actions the attorney has taken in representation of the minor's best interest.
(b)
In every hearing where the attorney guardian ad litem makes a recommendation
regarding the best interest of the minor, the court shall require the attorney guardian
ad litem to disclose the
activities and sources of the attorney guardian ad litem's
independent investigation and
factors that form the basis of the recommendation.
(12)
(14)
(a)
Except as provided in Subsection
(12)(b)
(14)(b)
, and notwithstanding
Title 63G, Chapter 2, Government Records Access and Management Act
, all records
of an attorney guardian ad litem are confidential and may not be released or made
public upon subpoena, search warrant, discovery proceedings, or otherwise.
(b)
Consistent with Subsection
(12)(d)
(14)(d)
, all records of an attorney guardian ad
litem:
(i)
are subject to legislative subpoena, under
Title 36, Chapter 14, Legislative
Subpoena Powers
; and
(ii)
shall be released to the Legislature.
(c)
(i)
Except as provided in Subsection
(12)(c)(ii)
(14)(c)(ii)
, the Legislature shall
maintain records released in accordance with Subsection
(12)(b)
(14)(b)
as
confidential.
(ii)
Notwithstanding Subsection
(12)(c)(i)
(14)(c)(i)
, the Office of the Legislative
Auditor General may include summary data and nonidentifying information in the
office's audits and reports to the Legislature.
(d)
(i)
Subsection
(12)(b)
(14)(b)
is an exception to
Utah
Rules of Professional
Conduct, Rule 1.6, as provided by Rule 1.6(b)(4), because of:
(A)
the unique role of an attorney guardian ad litem described in Subsection
(8)
;
and
(B)
the state's role and responsibility to provide a guardian ad litem program, and
as parens patriae, to protect minors.
(ii)
A claim of attorney-client privilege does not bar access to the records of an
attorney guardian ad litem by the Legislature, through legislative subpoena.
(15)
(a)
An attorney guardian ad litem shall respond to case-related discovery.
(b)
Interrogatories, requests for admissions, or depositions may not be imposed on a
minor.
(16)
(a)
An attorney guardian ad litem should make a best interest recommendation based
on the attorney guardian ad litem's direct knowledge and independent and personal
investigation.
(b)
The Office of Guardian ad Litem's director or a managing attorney shall preserve the
independent investigation of an attorney guardian ad litem as required in Subsection
(12)(a)
and may not direct an attorney guardian ad litem to take a certain position or
make a particular recommendation.
(17)
When making a ruling, the juvenile court may consider the minor's wishes.
Section 10. Section
80-1-102
is amended to read:
80-1-102
. Juvenile Code definitions.
Except as provided in Section
80-6-1103
, as used in this title:
(1)
(a)
"Abuse" means:
(i)
(A)
nonaccidental harm of a child;
(B)
threatened harm of a child;
(C)
sexual exploitation;
(D)
sexual abuse; or
(E)
human trafficking of a child in violation of Section
76-5-308.5
; or
(ii)
that a child's parent:
(A)
intentionally, knowingly, or recklessly causes the death of another parent of
the child;
(B)
is identified by a law enforcement agency as the primary suspect in an
investigation for intentionally, knowingly, or recklessly causing the death of
another parent of the child; or
(C)
is being prosecuted for or has been convicted of intentionally, knowingly, or
recklessly causing the death of another parent of the child.
(b)
"Abuse" does not include:
(i)
reasonable discipline or management of a child, including withholding privileges;
(ii)
conduct described in Section
76-2-401
; or
(iii)
the use of reasonable and necessary physical restraint or force on a child:
(A)
in self-defense;
(B)
in defense of others;
(C)
to protect the child; or
(D)
to remove a weapon in the possession of a child for any of the reasons
described in Subsections
(1)(b)(iii)(A)
through
(C)
.
(2)
"Abused child" means a child who has been subjected to abuse.
(3)
(a)
"Adjudication" means, except as provided in Subsection
(3)(b)
:
(i)
for a delinquency petition or criminal information under Chapter 6, Juvenile
Justice:
(A)
a finding by the juvenile court that the facts alleged in a delinquency petition
or criminal information alleging that a minor committed an offense have been
proved;
(B)
an admission by a minor in the juvenile court as described in Section
80-6-306
;
or
(C)
a plea of no contest by minor in the juvenile court; or
(ii)
for all other proceedings under this title, a finding by the juvenile court that the
facts alleged in the petition have been proved.
(b)
"Adjudication" does not include:
(i)
an admission by a minor described in Section
80-6-306
until the juvenile court
enters the minor's admission; or
(ii)
a finding of not competent to proceed in accordance with Section
80-6-402
.
(4)
(a)
"Adult" means an individual who is 18 years old or older.
(b)
"Adult" does not include an individual:
(i)
who is 18 years old or older; and
(ii)
who is a minor.
(5)
"Attorney guardian ad litem" means the same as that term is defined in Section
78A-2-801
.
(6)
"Board" means the Board of Juvenile Court Judges.
(7)
"Child" means, except as provided in Section
80-2-905
, an individual who is under 18
years old.
(8)
"Child and family plan" means a written agreement between a child's parents or
guardian and the Division of Child and Family Services as described in Section
80-3-307
.
(9)
"Child placing" means the same as that term is defined in Section
26B-2-101
.
(10)
"Child-placing agency" means the same as that term is defined in Section
26B-2-101
.
(11)
"Child protection team" means a team consisting of:
(a)
the child welfare caseworker assigned to the case;
(b)
if applicable, the child welfare caseworker who made the decision to remove the
child;
(c)
a representative of the school or school district where the child attends school;
(d)
if applicable, the law enforcement officer who removed the child from the home;
(e)
a representative of the appropriate Children's Justice Center, if one is established
within the county where the child resides;
(f)
if appropriate, and known to the division, a therapist or counselor who is familiar
with the child's circumstances;
(g)
if appropriate, a representative of law enforcement selected by the chief of police or
sheriff in the city or county where the child resides; and
(h)
any other individuals determined appropriate and necessary by the team coordinator
and chair.
(12)
(a)
"Chronic abuse" means repeated or patterned abuse.
(b)
"Chronic abuse" does not mean an isolated incident of abuse.
(13)
(a)
"Chronic neglect" means repeated or patterned neglect.
(b)
"Chronic neglect" does not mean an isolated incident of neglect.
(14)
"Clandestine laboratory operation" means the same as that term is defined in Section
58-37d-3
.
(15)
"Commit" or "committed" means, unless specified otherwise:
(a)
with respect to a child, to transfer legal custody; and
(b)
with respect to a minor who is at least 18 years old, to transfer custody.
(16)
"Community-based program" means a nonsecure residential or nonresidential program,
designated to supervise and rehabilitate juvenile offenders, that prioritizes the least
restrictive setting, consistent with public safety, and operated by or under contract with
the Division of Juvenile Justice and Youth Services.
(17)
"Community placement" means placement of a minor in a community-based program
described in Section
80-5-402
.
(18)
"Correctional facility" means:
(a)
a county jail; or
(b)
a secure correctional facility as defined in Section
64-13-1
.
(19)
"Criminogenic risk factors" means evidence-based factors that are associated with a
minor's likelihood of reoffending.
(20)
"Department" means the Department of Health and Human Services created in Section
26B-1-201
.
(21)
"Dependent child" or "dependency" means a child who is without proper care through
no fault of the child's parent, guardian, or custodian.
(22)
"Deprivation of custody" means transfer of legal custody by the juvenile court from a
parent or a previous custodian to another person, agency, or institution.
(23)
"Detention" means home detention or secure detention.
(24)
"Detention facility" means a facility, established by the Division of Juvenile Justice
and Youth Services in accordance with Section
80-5-501
, for minors held in detention.
(25)
"Detention risk assessment tool" means an evidence-based tool established under
Section
80-5-203
that:
(a)
assesses a minor's risk of failing to appear in court or reoffending before
adjudication; and
(b)
is designed to assist in making a determination of whether a minor shall be held in
detention.
(26)
"Developmental immaturity" means incomplete development in one or more domains
that manifests as a functional limitation in the minor's present ability to:
(a)
consult with counsel with a reasonable degree of rational understanding; and
(b)
have a rational as well as factual understanding of the proceedings.
(27)
"Disposition" means an order by a juvenile court, after the adjudication of a minor,
under Section
80-3-405
or
80-4-305
or Chapter 6, Part 7, Adjudication and Disposition.
(28)
"Educational neglect" means that, after receiving a notice of compulsory education
violation under Section
53G-6-202
, the parent or guardian fails to make a good faith
effort to ensure that the child receives an appropriate education.
(29)
"Educational series" means an evidence-based instructional series:
(a)
obtained at a substance abuse program that is approved by the Division of Integrated
Healthcare in accordance with Section
26B-5-104
; and
(b)
designed to prevent substance use or the onset of a mental health disorder.
(30)
"Emancipated" means the same as that term is defined in Section
80-7-102
.
(31)
"Evidence-based" means a program or practice that has had multiple randomized
control studies or a meta-analysis demonstrating that the program or practice is effective
for a specific population or has been rated as effective by a standardized program
evaluation tool.
(32)
"Expressed interest" means the goals, desires, outcomes, or wishes that a minor has
expressed.
(32)
(33)
"Forensic evaluator" means the same as that term is defined in Section
77-15-2
.
(33)
(34)
"Formal probation" means a minor is:
(a)
supervised in the community by, and reports to, a juvenile probation officer or an
agency designated by the juvenile court; and
(b)
subject to return to the juvenile court in accordance with Section
80-6-607
.
(34)
(35)
"Gender identity" means the same as that term is defined in Section
34A-5-102
.
(35)
(36)
"Group rehabilitation therapy" means psychological and social counseling of one
or more individuals in the group, depending upon the recommendation of the therapist.
(36)
(37)
"Guardian" means a person appointed by a court to make decisions regarding a
minor, including the authority to consent to:
(a)
marriage;
(b)
enlistment in the armed forces;
(c)
major medical, surgical, or psychiatric treatment; or
(d)
legal custody, if legal custody is not vested in another individual, agency, or
institution.
(37)
(38)
"Guardian ad litem" means the same as that term is defined in Section
78A-2-801
.
(38)
(39)
"Harm" means:
(a)
physical or developmental injury or damage;
(b)
emotional damage that results in a serious impairment in the child's growth,
development, behavior, or psychological functioning;
(c)
sexual abuse; or
(d)
sexual exploitation.
(39)
(40)
"Home detention" means placement of a minor:
(a)
if
prior to
a disposition, in the minor's home, or in a surrogate home with the consent
of the minor's parent, guardian, or custodian, under terms and conditions established
by the Division of Juvenile Justice and Youth Services or the juvenile court; or
(b)
if after a disposition, and in accordance with Section
78A-6-353
or
80-6-704
, in the
minor's home, or in a surrogate home with the consent of the minor's parent,
guardian, or custodian, under terms and conditions established by the Division of
Juvenile Justice and Youth Services or the juvenile court.
(40)
(41)
(a)
"Incest" means engaging in sexual intercourse with an individual whom the
perpetrator knows to be the perpetrator's ancestor, descendant, brother, sister, uncle,
aunt, nephew, niece, or first cousin.
(b)
"Incest" includes:
(i)
blood relationships of the whole or half blood, regardless of whether the
relationship is legally recognized;
(ii)
relationships of parent and child by adoption; and
(iii)
relationships of stepparent and stepchild while the marriage creating the
relationship of a stepparent and stepchild exists.
(41)
(42)
"Indian child" means the same as that term is defined in 25 U.S.C. Sec. 1903.
(42)
(43)
"Indian tribe" means the same as that term is defined in 25 U.S.C. Sec. 1903.
(43)
(44)
"Indigent defense service provider" means the same as that term is defined in
Section
78B-22-102
.
(44)
(45)
"Indigent defense services" means the same as that term is defined in Section
78B-22-102
.
(45)
(46)
"Indigent individual" means the same as that term is defined in Section
78B-22-102
.
(46)
(47)
(a)
"Intake probation" means a minor is:
(i)
monitored by a juvenile probation officer; and
(ii)
subject to return to the juvenile court in accordance with Section
80-6-607
.
(b)
"Intake probation" does not include formal probation.
(47)
(48)
"Intellectual disability" means a significant subaverage general intellectual
functioning existing concurrently with deficits in adaptive behavior that constitutes a
substantial limitation to the individual's ability to function in society.
(48)
(49)
"Juvenile offender" means:
(a)
a serious youth offender; or
(b)
a youth offender.
(49)
(50)
"Juvenile probation officer" means a probation officer appointed under Section
78A-6-205
.
(50)
(51)
"Juvenile receiving center" means a nonsecure, nonresidential program
established by the Division of Juvenile Justice and Youth Services, or under contract
with the Division of Juvenile Justice and Youth Services, that is responsible for minors
taken into temporary custody under Section
80-6-201
.
(51)
(52)
"Legal custody" means a relationship embodying:
(a)
the right to physical custody of the minor;
(b)
the right and duty to protect, train, and discipline the minor;
(c)
the duty to provide the minor with food, clothing, shelter, education, and ordinary
medical care;
(d)
the right to determine where and with whom the minor shall live; and
(e)
the right, in an emergency, to authorize surgery or other extraordinary care.
(52)
(53)
"Licensing Information System" means the Licensing Information System
maintained by the Division of Child and Family Services under Section
80-2-1002
.
(53)
(54)
"Management Information System" means the Management Information System
developed by the Division of Child and Family Services under Section
80-2-1001
.
(54)
(55)
"Mental illness" means:
(a)
a psychiatric disorder that substantially impairs an individual's mental, emotional,
behavioral, or related functioning; or
(b)
the same as that term is defined in:
(i)
the current edition of the Diagnostic and Statistical Manual of Mental Disorders
published by the American Psychiatric Association; or
(ii)
the current edition of the International Statistical Classification of Diseases and
Related Health Problems.
(55)
(56)
"Minor" means, except as provided in Sections
80-6-501
,
80-6-901
, and
80-7-102
:
(a)
a child; or
(b)
an individual:
(i)
(A)
who is at least 18 years old and younger than 21 years old; and
(B)
for whom the Division of Child and Family Services has been specifically
ordered by the juvenile court to provide services because the individual was an
abused, neglected, or dependent child or because the individual was
adjudicated for an offense;
(ii)
(A)
who is at least 18 years old and younger than 25 years old; and
(B)
whose case is under the jurisdiction of the juvenile court in accordance with
Subsection
78A-6-103(1)(b)
; or
(iii)
(A)
who is at least 18 years old and younger than 21 years old; and
(B)
whose case is under the jurisdiction of the juvenile court in accordance with
Subsection
78A-6-103(1)(c)
.
(56)
(57)
"Mobile crisis outreach team" means the same as that term is defined in Section
26B-5-101
.
(57)
(58)
"Molestation" means that an individual, with the intent to arouse or gratify the
sexual desire of any individual, touches the anus, buttocks, pubic area, or genitalia of
any child, or the breast of a female child, or takes indecent liberties with a child as
defined in Section
76-5-401.1
.
(58)
(59)
(a)
"Neglect" means action or inaction causing:
(i)
abandonment of a child, except as provided in Chapter 4, Part 5, Safe
Relinquishment of a Newborn Child;
(ii)
lack of proper parental care of a child by reason of the fault or habits of the
parent, guardian, or custodian;
(iii)
failure or refusal of a parent, guardian, or custodian to provide proper or
necessary subsistence or medical care, or any other care necessary for the child's
health, safety, morals, or well-being;
(iv)
a child to be at risk of being neglected or abused because another child in the
same home is neglected or abused;
(v)
abandonment of a child through an unregulated child custody transfer under
Section
81-14-203
; or
(vi)
educational neglect.
(b)
"Neglect" does not include:
(i)
a parent or guardian legitimately practicing religious beliefs and who, for that
reason, does not provide specified medical treatment for a child;
(ii)
a health care decision made for a child by the child's parent or guardian, unless
the state or other party to a proceeding shows, by clear and convincing evidence,
that the health care decision is not reasonable and informed;
(iii)
a parent or guardian exercising the right described in Section
80-3-304
; or
(iv)
permitting a child, whose basic needs are met and who is of sufficient age and
maturity to avoid harm or unreasonable risk of harm, to engage in independent
activities, including:
(A)
traveling to and from school, including by walking, running, or bicycling;
(B)
traveling to and from nearby commercial or recreational facilities;
(C)
engaging in outdoor play;
(D)
remaining in a vehicle unattended, except under the conditions described in
Subsection
76-5-115(2)
;
(E)
remaining at home unattended; or
(F)
engaging in a similar independent activity.
(59)
(60)
"Neglected child" means a child who has been subjected to neglect.
(60)
(61)
"Nonjudicial adjustment" means closure of the case by the assigned juvenile
probation officer, without an adjudication of the minor's case under Section
80-6-701
,
upon the consent in writing of:
(a)
the assigned juvenile probation officer; and
(b)
(i)
the minor; or
(ii)
the minor and the minor's parent, guardian, or custodian.
(61)
(62)
"Not competent to proceed" means that a minor, due to a mental illness,
intellectual disability or related condition, or developmental immaturity, lacks the ability
to:
(a)
understand the nature of the proceedings against the minor or of the potential
disposition for the offense charged; or
(b)
consult with counsel and participate in the proceedings against the minor with a
reasonable degree of rational understanding.
(62)
(63)
(a)
"Parent" means, except as provided in Section
80-3-302
, an individual with
a parent-child relationship to a minor under Section
81-5-201
.
(b)
"Parent" includes the minor's noncustodial parent as defined in Section
81-1-101
.
(63)
(64)
"Parole" means a conditional release of a juvenile offender from residency in
secure care to live outside of secure care under the supervision of the Division of
Juvenile Justice and Youth Services, or another person designated by the Division of
Juvenile Justice and Youth Services.
(64)
(65)
"Physical abuse" means abuse that results in physical injury or damage to a child.
(65)
(66)
(a)
"Probation" means a legal status created by court order, following an
adjudication under Section
80-6-701
, whereby the minor is permitted to remain in the
minor's home under prescribed conditions.
(b)
"Probation" includes intake probation or formal probation.
(66)
(67)
"Prosecuting attorney" means:
(a)
the attorney general and any assistant attorney general;
(b)
any district attorney or deputy district attorney;
(c)
any county attorney or assistant county attorney; and
(d)
any other attorney authorized to commence an action on behalf of the state.
(67)
(68)
"Protective custody" means the shelter of a child by the Division of Child and
Family Services from the time the child is removed from the home until the earlier of:
(a)
the day on which the shelter hearing is held under Section
80-3-301
; or
(b)
the day on which the child is returned home.
(68)
(69)
"Protective services" means expedited services that are provided:
(a)
in response to evidence of neglect, abuse, or dependency of a child;
(b)
to a cohabitant who is neglecting or abusing a child, in order to:
(i)
help the cohabitant develop recognition of the cohabitant's duty of care and of the
causes of neglect or abuse; and
(ii)
strengthen the cohabitant's ability to provide safe and acceptable care; and
(c)
in cases where the child's welfare is endangered:
(i)
to bring the situation to the attention of the appropriate juvenile court and law
enforcement agency;
(ii)
to cause a protective order to be issued for the protection of the child, when
appropriate; and
(iii)
to protect the child from the circumstances that endanger the child's welfare
including, when appropriate:
(A)
removal from the child's home;
(B)
placement in substitute care; and
(C)
petitioning the court for termination of parental rights.
(69)
(70)
"Protective supervision" means a legal status created by court order, following an
adjudication on the ground of abuse, neglect, or dependency, whereby:
(a)
the minor is permitted to remain in the minor's home; and
(b)
supervision and assistance to correct the abuse, neglect, or dependency is provided
by an agency designated by the juvenile court.
(70)
(71)
(a)
"Related condition" means a condition that:
(i)
is found to be closely related to intellectual disability;
(ii)
results in impairment of general intellectual functioning or adaptive behavior
similar to that of an intellectually disabled individual;
(iii)
is likely to continue indefinitely; and
(iv)
constitutes a substantial limitation to the individual's ability to function in society.
(b)
"Related condition" does not include mental illness, psychiatric impairment, or
serious emotional or behavioral disturbance.
(71)
(72)
(a)
"Residual parental rights and duties" means the rights and duties remaining
with a parent after legal custody or guardianship, or both, have been vested in another
person or agency, including:
(i)
the responsibility for support;
(ii)
the right to consent to adoption;
(iii)
the right to determine the child's religious affiliation; and
(iv)
the right to reasonable parent-time unless restricted by the court.
(b)
If no guardian has been appointed, "residual parental rights and duties" includes the
right to consent to:
(i)
marriage;
(ii)
enlistment; and
(iii)
major medical, surgical, or psychiatric treatment.
(72)
(73)
"Runaway" means a child, other than an emancipated child, who willfully leaves
the home of the child's parent or guardian, or the lawfully prescribed residence of the
child, without permission.
(73)
(74)
"Secure care" means placement of a minor, who is committed to the Division of
Juvenile Justice and Youth Services for rehabilitation, in a facility operated by, or under
contract with, the Division of Juvenile Justice and Youth Services, that provides 24-hour
supervision and confinement of the minor.
(74)
(75)
"Secure care facility" means a facility, established in accordance with Section
80-5-503
, for juvenile offenders in secure care.
(75)
(76)
"Secure detention" means temporary care of a minor who requires secure custody
in a physically restricting facility operated by, or under contract with, the Division of
Juvenile Justice and Youth Services:
(a)
before disposition of an offense that is alleged to have been committed by the minor;
or
(b)
under Section
80-6-704
.
(76)
(77)
"Serious youth offender" means an individual who:
(a)
is at least 14 years old, but under 25 years old;
(b)
committed a felony listed in Subsection
80-6-503(1)
and the continuing jurisdiction
of the juvenile court was extended over the individual's case until the individual was
25 years old in accordance with Section
80-6-605
; and
(c)
is committed by the juvenile court to the Division of Juvenile Justice and Youth
Services for secure care under Sections
80-6-703
and
80-6-705
.
(77)
(78)
"Severe abuse" means abuse that causes or threatens to cause serious harm to a
child.
(78)
(79)
"Severe neglect" means neglect that causes or threatens to cause serious harm to
a child.
(79)
(80)
(a)
"Severe type of child abuse or neglect" means, except as provided in
Subsection
(79)(b)
(80)(b)
:
(i)
if committed by an individual who is 18 years old or older:
(A)
chronic abuse;
(B)
severe abuse;
(C)
sexual abuse;
(D)
sexual exploitation;
(E)
abandonment;
(F)
chronic neglect; or
(G)
severe neglect; or
(ii)
if committed by an individual who is under 18 years old:
(A)
causing serious injury, as defined in Subsection
76-5-109(1)
, to another child
that indicates a significant risk to other children; or
(B)
sexual behavior with or upon another child that indicates a significant risk to
other children.
(b)
"Severe type of child abuse or neglect" does not include:
(i)
the use of reasonable and necessary physical restraint by an educator in
accordance with Section
53G-8-301
or Section
76-2-401
;
(ii)
an individual's conduct that is justified under Section
76-2-401
or constitutes the
use of reasonable and necessary physical restraint or force in self-defense or
otherwise appropriate to the circumstances to obtain possession of a weapon or
other dangerous object in the possession or under the control of a child or to
protect the child or another individual from physical injury; or
(iii)
a health care decision made for a child by a child's parent or guardian, unless,
subject to Subsection
(79)(c)
(80)(c)
, the state or other party to the proceeding
shows, by clear and convincing evidence, that the health care decision is not
reasonable and informed.
(c)
Subsection
(79)(b)(iii)
(80)(b)(iii)
does not prohibit a parent or guardian from
exercising the right to obtain a second health care opinion.
(80)
(81)
(a)
"Sexual abuse" means:
(i)
an act or attempted act of sexual intercourse, sodomy, incest, or molestation by an
adult directed towards a child;
(ii)
an act or attempted act of sexual intercourse, sodomy, incest, or molestation
committed by a child towards another child if:
(A)
there is an indication of force or coercion;
(B)
the children are related, as described in Subsection
(40)
(41)
, including
siblings by marriage while the marriage exists or by adoption; or
(C)
the act or attempted act constitutes unlawful sexual activity as described in
Section
76-5-401.3
.
(iii)
engaging in any conduct with a child that would constitute an offense under any
of the following, regardless of whether the individual who engages in the conduct
is actually charged with, or convicted of, the offense:
(A)
Title 76, Chapter 5, Part 4, Sexual Offenses;
(B)
child bigamy, Section
76-7-101.5
;
(C)
incest, Section
76-7-102
;
(D)
voyeurism, Section
76-12-306
;
(E)
recorded or photographed voyeurism, Section
76-12-307
; or
(F)
distribution of images obtained through voyeurism, Section
76-12-308
; or
(iv)
subjecting a child to participate in or threatening to subject a child to participate
in a sexual relationship, regardless of whether that sexual relationship is part of a
legal or cultural marriage.
(b)
"Sexual abuse" does not include engaging in any conduct with a child that would
constitute an offense described in:
(i)
Section
76-5-401
, unlawful sexual activity with a minor, if the alleged perpetrator
of the offense is a minor; or
(ii)
Section
76-5-417
, enticing a minor.
(81)
(82)
"Sexual exploitation" means knowingly:
(a)
employing, using, persuading, inducing, enticing, or coercing any child to:
(i)
pose in the nude for the purpose of sexual arousal of any individual; or
(ii)
engage in any sexual or simulated sexual conduct for the purpose of
photographing, filming, recording, or displaying in any way the sexual or
simulated sexual conduct;
(b)
displaying, distributing, possessing for the purpose of distribution, or selling material
depicting a child:
(i)
in the nude, for the purpose of sexual arousal of any individual; or
(ii)
engaging in sexual or simulated sexual conduct; or
(c)
engaging in any conduct that would constitute an offense under Section
76-5b-201
,
sexual exploitation of a minor, or Section
76-5b-201.1
, aggravated sexual
exploitation of a minor, regardless of whether the individual who engages in the
conduct is actually charged with, or convicted of, the offense.
(82)
(83)
"Shelter" means the temporary care of a child in a physically unrestricted facility
pending a disposition or transfer to another jurisdiction.
(83)
(84)
"Shelter facility" means a nonsecure facility that provides shelter for a minor.
(84)
(85)
"Significant risk" means a risk of harm that is determined to be significant in
accordance with risk assessment tools and rules established by the Division of Child and
Family Services in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, that focus on:
(a)
age;
(b)
social factors;
(c)
emotional factors;
(d)
sexual factors;
(e)
intellectual factors;
(f)
family risk factors; and
(g)
other related considerations.
(85)
(86)
"Single criminal episode" means the same as that term is defined in Section
76-1-401
.
(86)
(87)
"Status offense" means an offense that would not be an offense but for the age of
the offender.
(87)
(88)
"Substance abuse" means, except as provided in Section
80-2-603
, the misuse or
excessive use of alcohol or other drugs or substances.
(88)
(89)
"Substantiated" or "substantiation" means a judicial finding based on a
preponderance of the evidence, and separate consideration of each allegation made or
identified in the case, that abuse, neglect, or dependency occurred.
(89)
(90)
"Substitute care" means:
(a)
the placement of a minor in a family home, group care facility, or other placement
outside the minor's own home, either at the request of a parent or other responsible
relative, or upon court order, when it is determined that continuation of care in the
minor's own home would be contrary to the minor's welfare;
(b)
services provided for a minor in the protective custody of the Division of Child and
Family Services, or a minor in the temporary custody or custody of the Division of
Child and Family Services, as those terms are defined in Section
80-2-102
; or
(c)
the licensing and supervision of a substitute care facility.
(90)
(91)
"Supported" means a finding by the Division of Child and Family Services based
on the evidence available at the completion of an investigation, and separate
consideration of each allegation made or identified during the investigation, that there is
a reasonable basis to conclude that abuse, neglect, or dependency occurred.
(91)
(92)
"Termination of parental rights" means the permanent elimination of all parental
rights and duties, including residual parental rights and duties, by court order.
(92)
(93)
"Therapist" means:
(a)
an individual employed by a state division or agency for the purpose of conducting
psychological treatment and counseling of a minor in the division's or agency's
custody; or
(b)
any other individual licensed or approved by the state for the purpose of conducting
psychological treatment and counseling.
(93)
(94)
"Threatened harm" means actions, inactions, or credible verbal threats, indicating
that the child is at an unreasonable risk of harm or neglect.
(94)
(95)
"Torture" means:
(a)
the infliction of a serious injury upon a child in an exceptionally cruel or
exceptionally depraved manner that causes the child to experience extreme physical
or psychological pain or anguish; or
(b)
the infliction of a serious injury, or more than one serious injury, upon a child as part
of a course of conduct or over a prolonged period of time.
(95)
(96)
"Ungovernable" means a child in conflict with a parent or guardian, and the
conflict:
(a)
results in behavior that is beyond the control or ability of the child, or the parent or
guardian, to manage effectively;
(b)
poses a threat to the safety or well-being of the child, the child's family, or others; or
(c)
results in the situations described in Subsections
(95)(a)
(96)(a)
and
(b)
.
(96)
(97)
"Unsubstantiated" means a judicial finding that there is insufficient evidence to
conclude that abuse, neglect, or dependency occurred.
(97)
(98)
"Unsupported" means a finding by the Division of Child and Family Services at
the completion of an investigation, after the day on which the Division of Child and
Family Services concludes the alleged abuse, neglect, or dependency is not without
merit, that there is insufficient evidence to conclude that abuse, neglect, or dependency
occurred.
(98)
(99)
"Validated risk and needs assessment" means an evidence-based tool that
assesses a minor's risk of reoffending and a minor's criminogenic needs.
(99)
(100)
"Without merit" means a finding at the completion of an investigation by the
Division of Child and Family Services, or a judicial finding, that the alleged abuse,
neglect, or dependency did not occur, or that the alleged perpetrator was not responsible
for the abuse, neglect, or dependency.
(100)
(101)
"Youth offender" means an individual who is:
(a)
at least 12 years old, but under 21 years old; and
(b)
committed by the juvenile court to the Division of Juvenile Justice and Youth
Services for secure care under Sections
80-6-703
and
80-6-705
.
Section 11. Section
80-2-102
is amended to read:
80-2-102
. Definitions.
(1)
As used in this chapter:
(1)
(a)
"Consult" means an interaction between two persons in which the initiating
person:
(a)
(i)
provides information to another person;
(b)
(ii)
provides the other person an opportunity to respond; and
(c)
(iii)
takes the other person's response, if any, into consideration.
(2)
(b)
"Consumer" means a person who receives services offered by the division in
accordance with this chapter.
(3)
(c)
"Council" means the Child Welfare Improvement Council created in Section
80-2-1101
.
(4)
(d)
"Custody," with regard to the division, means the custody of a minor in the
division as of the date of disposition.
(5)
(e)
"Day-care services" means care of a child for a portion of the day which is less
than 24 hours:
(a)
(i)
in the child's own home by a responsible individual; or
(b)
(ii)
outside of the child's home in a:
(i)
(A)
day-care center;
(ii)
(B)
family group home; or
(iii)
(C)
family child care home.
(6)
(f)
"Director" means the director of the division appointed under Section
80-2-202
.
(7)
(g)
"Division" means the Division of Child and Family Services created in Section
80-2-201
.
(8)
(h)
"Domestic violence" means the same as that term is defined in Section
77-36-1
.
(9)
(i)
"Domestic violence services" means:
(a)
(i)
temporary shelter, treatment, and related services provided to:
(i)
(A)
an individual who is a victim of abuse, as defined in Section
78B-7-102
;
and
(ii)
(B)
the dependent children of an individual who is a victim of abuse, as
defined in Section
78B-7-102
; and
(b)
(ii)
treatment services for an individual who is alleged to have committed, has
been convicted of, or has pled guilty to domestic violence.
(10)
(j)
"Homemaking services" means the care of an individual in the individual's
domicile, and help given to an individual caretaker relative to achieve improved
household and family management through the services of a trained homemaker.
(11)
(k)
"Hormonal transgender treatment" means the same as that term is defined in
Section
58-1-603
.
(12)
(l)
"Mutual case" means a case that is:
(a)
(i)
opened by the division under the division's discretion and procedures;
(b)
(ii)
opened by the law enforcement agency with jurisdiction over the case; and
(c)
(iii)
accepted for investigation by a child protection team, as applicable.
(13)
(m)
(a)
(i)
"Person responsible for the child's care" means the child's parent,
guardian, or other person responsible for the child's care.
(b)
(ii)
"Person responsible for the child's care" includes a person responsible for the
child's care in the same home as the child, a relative's home, a group, family, or
day care facility, a foster care home, or a residential institution.
(14)
(n)
"Primary sex characteristic surgical procedure" means the same as that term is
defined in Section
58-67-102
.
(15)
(o)
"Secondary sex characteristic surgical procedure" means the same as that term
is defined in Section
58-67-102
.
(16)
(p)
"Shelter care" means the temporary care of a minor in a nonsecure facility.
(17)
(q)
"Sibling" means a child who shares or has shared at least one parent in
common either by blood or adoption.
(18)
(r)
"Sibling visitation" means services provided by the division to facilitate the
interaction between a child in division custody with the child's sibling.
(19)
(s)
(a)
(i)
"Subject of the report" means a person reported under
Part 6, Child
Abuse and Neglect Reports
.
(b)
(ii)
"Subject of the report" includes the child who is the alleged victim of the
report and the person responsible for the child's care.
(20)
(t)
"Temporary custody" means, with regard to the division, the custody of a child
from the day on which the shelter hearing described in Section
80-3-301
is held until
the day on which the juvenile court enters a disposition under Section
80-3-405
.
(21)
(u)
"Transportation services" means travel assistance given to an individual with
escort service, if necessary, to and from community facilities and resources as part of
a service plan.
(2)
A determination of a minor's best interest under this chapter shall be made in
accordance with Sections
80-2a-201
,
80-4-104
, and any other section of this title
consistent with those sections.
Section 12. Section
80-2a-101
is amended to read:
80-2a-101
. Definitions.
(1)
"Custody" means the same as that term is defined in Section
80-2-102
.
(2)
"Division" means the Division of Child and Family Services created in Section
80-2-201
.
(3)
"Friend" means an adult who:
(a)
has an established relationship with the child or a family member of the child; and
(b)
is not the parent of the child.
(4)
"Nonrelative" means an individual who is not a noncustodial parent or relative.
(5)
"Relative" means an adult who:
(a)
is the child's grandparent, great grandparent, aunt, great aunt, uncle, great uncle,
brother-in-law, sister-in-law, stepparent, first cousin, stepsibling, or sibling;
(b)
is the first cousin of the child's parent;
(c)
is a permanent guardian or parent of the child's sibling; or
(d)
in the case of a child who is an Indian child, is an extended family member as
defined in the Indian Child Welfare Act, 25 U.S.C. Sec. 1903.
(6)
"Sibling" means the same as that term is defined in Section
80-2-102
.
(7)
"Temporary custody" means the same as that term is defined in Section
80-2-102
.
(8)
A determination of a minor's best interest under this chapter shall be made in
accordance with Sections
80-2a-201
,
80-4-104
, and any other section of this title
consistent with those sections.
Section 13. Section
80-3-102
is amended to read:
80-3-102
. Definitions.
(1)
As used in this chapter:
(1)
(a)
"Abuse, neglect, or dependency petition" means a petition filed in accordance
with this chapter to commence proceedings in a juvenile court alleging that a child is:
(a)
(i)
abused;
(b)
(ii)
neglected; or
(c)
(iii)
dependent.
(2)
(b)
"Custody" means the same as that term is defined in Section
80-2-102
.
(3)
(c)
"Division" means the Division of Child and Family Services created in Section
80-2-201
.
(4)
(d)
"Friend" means an adult who:
(a)
(i)
has an established relationship with the child or a family member of the child;
and
(b)
(ii)
is not the parent of the child.
(5)
(e)
"Immediate family member" means a spouse, child, parent, sibling, grandparent,
or grandchild.
(6)
(f)
"Relative" means an adult who:
(a)
(i)
is the child's grandparent, great grandparent, aunt, great aunt, uncle, great
uncle, brother-in-law, sister-in-law, stepparent, first cousin, stepsibling, or sibling;
(b)
(ii)
is a first cousin of the child's parent;
(c)
(iii)
is a permanent guardian or parent of the child's sibling; or
(d)
(iv)
in the case of a child who is an Indian child, is an extended family member
as defined in the Indian Child Welfare Act, 25 U.S.C. Sec. 1903.
(7)
(g)
"Sibling" means the same as that term is defined in Section
80-2-102
.
(8)
(h)
"Sibling visitation" means the same as that term is defined in Section
80-2-102
.
(9)
(i)
"Temporary custody" means the same as that term is defined in Section
80-2-102
.
(2)
A determination of a minor's best interest under this chapter shall be made in
accordance with Sections
80-2a-201
,
80-4-104
, and any other section of this title
consistent with those sections.
Section 14. Section
80-3-104
is amended to read:
80-3-104
. Individuals entitled to be present at proceedings -- Legal
representation -- Attorney general responsibilities.
(1)
(a)
A minor who is the subject of a juvenile court hearing, any person entitled to
notice under Section
80-3-201
or
80-3-301
, preadoptive parents, foster parents, and
any relative providing care for the minor, are:
(i)
entitled to notice of, and to be present at, each hearing and proceeding held under
this chapter, including administrative reviews; and
(ii)
have a right to be heard at each hearing and proceeding described in Subsection
(1)(a)(i)
.
(b)
A child's right to be present at a hearing under Subsection
(1)(a)
is subject to the
discretion of the guardian ad litem appointed under Subsection
(3)
or the juvenile
court regarding any possible detriment to the child.
(2)
(a)
The parent or guardian of a minor who is the subject of an abuse, neglect, or
dependency petition has the right to be represented by counsel, and to present
evidence, at each hearing.
(b)
If a parent or guardian is the subject of an abuse, neglect, or dependency petition, the
juvenile court shall:
(i)
appoint an indigent defense service provider for a parent or guardian determined
to be an indigent individual in accordance with
Title 78B, Chapter 22, Part 2,
Appointment of Counsel
; and
(ii)
order indigent defense services for the parent or guardian who is determined to be
an indigent individual in accordance with
Title 78B, Chapter 22, Part 2,
Appointment of Counsel
.
(3)
(a)
In an abuse, neglect, or dependency proceeding under this chapter, the juvenile
court shall order that the child be represented by an attorney guardian ad litem, in
accordance with Section
78A-2-803
.
(b)
A guardian ad litem appointed under Subsection
(3)(a)
shall represent the best
interest of the minor, in accordance with the requirements of Section
78A-2-803
:
(i)
at the shelter hearing and at all subsequent court and administrative proceedings,
including any proceeding for termination of parental rights in accordance with
Chapter 4, Termination and Restoration of Parental Rights
; and
(ii)
in other actions initiated under this chapter when appointed by the court under
Section
78A-2-803
or as otherwise provided by law.
(4)
Subject to Section
67-5-17
and the attorney general's prosecutorial discretion in civil
enforcement actions, the attorney general shall, in accordance with Section
80-2-303
,
enforce this chapter,
Chapter 2, Child Welfare Services
, and
Chapter 2a, Removal and
Protective Custody of a Child
, relating to protection or custody of an abused, neglected,
or dependent minor and the termination of parental rights.
(5)
(a)
The juvenile court shall admit any individual to a hearing under this chapter,
including a hearing under Section
80-3-205
, unless the juvenile court makes a finding
upon the record that the individual's presence at the hearing would:
(i)
be detrimental to the best interest of a minor who is a party to the proceeding;
(ii)
impair the fact-finding process; or
(iii)
be otherwise contrary to the interests of justice.
(b)
The juvenile court may exclude an individual from a hearing under Subsection
(5)(a)

on the juvenile court's own motion or by motion of a party to the proceeding.
(6)
A determination of a minor's best interest under this chapter shall be made in
accordance with Sections
80-2a-201
,
80-4-104
, and any other section of this title
consistent with those sections.
Section 15. Section
80-4-102
is amended to read:
80-4-102
. Definitions.
(1)
As used in this chapter:
(1)
(a)
"Division" means the Division of Child and Family Services created in Section
80-2-201
.
(2)
(b)
"Failure of parental adjustment" means that a parent or parents are unable or
unwilling within a reasonable time to substantially correct the circumstances,
conduct, or conditions that led to placement of their child outside of their home,
notwithstanding reasonable and appropriate efforts made by the division to return the
child to the home.
(3)
(c)
"Former parent" means an individual whose legal parental rights were
terminated under this chapter.
(4)
(d)
"Petition to restore parental rights" means a petition filed in accordance with this
chapter to restore the rights of a parent with regard to a child.
(5)
(e)
"Petition for termination of parental rights" means a petition filed in accordance
with this chapter to terminate the parental rights of a parent.
(6)
(f)
"Temporary custody" means the same as that term is defined in Section
80-2-102
.
(2)
A determination of a minor's best interest under this chapter shall be made in
accordance with Sections
80-2a-201
,
80-4-104
, and any other section of this title
consistent with those sections.
Section 16. Section
81-13-202
is amended to read:
81-13-202
. Legislative findings -- Best interest of the minor child -- Interests of
each party.
(1)
(a)
In every adoption of a minor child that, the best interest of the minor child should
govern and be of foremost concern in a court's determination.
(b)
A determination of a minor child's best interest shall be made in accordance with
Sections
80-2a-201
,
80-4-104
, and any other section of this title consistent with those
sections.
(2)
The court shall make a specific finding regarding the best interest of the minor child,
taking into consideration information provided to the court
pursuant to
in accordance
with
the requirements of this chapter relating to the health, safety, and welfare of the
minor child and the moral climate of the potential adoptive placement.
(3)
The Legislature finds that the rights and interests of all parties affected by an adoption
proceeding
must
shall
be considered and balanced in determining what constitutional
protections and processes are necessary and appropriate.
(4)
(a)
The Legislature specifically finds that it is not in a minor child's best interest to be
adopted by a person or persons who are cohabiting in a relationship that is not a
legally valid and binding marriage under the laws of this state.
(b)
Nothing in this section limits or prohibits the court's placement of a minor child with
a single adult who is not cohabiting or a person who is a relative of the minor child or
a recognized placement under the Indian Child Welfare Act, 25 U.S.C. Sec. 1901 et
seq.
(5)
The Legislature also finds that:
(a)
the state has a compelling interest in providing a stable and permanent home for a
child adoptee in a prompt manner, in preventing the disruption of an adoptive
placement, and in holding parents accountable for meeting the needs of a child
adoptee;
(b)
an unmarried birth mother, faced with the responsibility of making crucial decisions
about the future of a newborn child, is entitled to privacy, and has the right to make
timely and appropriate decisions regarding her future and the future of the newborn
child, and is entitled to assurance regarding the permanence of an adoptive placement;
(c)
a child adoptee has a right to permanence and stability in an adoptive placement;
(d)
adoptive parents have a constitutionally protected liberty and privacy interest in
retaining custody of a child adoptee;
(e)
an unmarried biological father has an inchoate interest that acquires constitutional
protection only when the unmarried biological father demonstrates a timely and full
commitment to the responsibilities of parenthood, both during pregnancy and upon
the child adoptee's birth; and
(f)
the state has a compelling interest in requiring an unmarried biological father to
demonstrate commitment by providing appropriate medical care and financial
support and by establishing legal parentage in accordance with the requirements of
this chapter.
(6)
(a)
In enacting this chapter, the Legislature has prescribed the conditions for
determining whether an unmarried biological father's action is sufficiently prompt
and substantial to require constitutional protection.
(b)
If an unmarried biological father fails to grasp the opportunities to establish a
relationship with the child adoptee that are available to the unmarried biological
father, the unmarried biological father's parental interest may be lost entirely, or
greatly diminished in constitutional significance by the unmarried biological father's
failure to timely exercise the unmarried biological father's parental interest, or by the
unmarried biological father's failure to strictly comply with the available legal steps
to substantiate the parental interest.
(c)
(i)
A certain degree of finality is necessary in order to facilitate the state's
compelling interest.
(ii)
The Legislature finds that the interests of the state, the birth mother, the child
adoptee, and the adoptive parents described in this section outweigh the interest of
an unmarried biological father who does not timely grasp the opportunity to
establish and demonstrate a relationship with the child adoptee in accordance with
the requirements of this chapter.
(d)
(i)
The Legislature finds no practical way to remove all risk of fraud or
misrepresentation in adoption proceedings, and has provided a method for
absolute protection of an unmarried biological father's rights by compliance with
the provisions of this chapter.
(ii)
In balancing the rights and interests of the state, and of all parties affected by
fraud, specifically the child adoptee, the adoptive parents, and the unmarried
biological father, the Legislature has determined that the unmarried biological
father is in the best position to prevent or ameliorate the effects of fraud and that,
therefore, the burden of fraud shall be borne by the unmarried biological father.
(e)
An unmarried biological father has the primary responsibility to protect the
unmarried biological father's rights.
(f)
An unmarried biological father is presumed to know that the child adoptee may be
adopted without the unmarried biological father's consent unless the unmarried
biological father strictly complies with the provisions of this chapter, manifests a
prompt and full commitment to the unmarried biological father's parental
responsibilities, and establishes paternity.
(7)
The Legislature finds that an unmarried birth mother has:
(a)
a right of privacy with regard to the unmarried birth mother's pregnancy and adoption
plan;
(b)
no legal obligation to disclose the identity of an unmarried biological father before or
during an adoption proceeding; and
(c)
no obligation to volunteer information to the court with respect to the father.
Section 17.
Effective Date.
This bill takes effect on
May 6, 2026
.
3-6-26 11:27 AM