Child Welfare Timeline Compliance Amendments

18
36-33-103
78A-4-201
80-1-102
80-3-112
80-3-113
80-3-409
0
Child Welfare Timeline Compliance Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Candice B. Pierucci
Senate Sponsor:
LONG TITLE
General Description:
This bill addresses statutory timelines in child welfare cases.
Highlighted Provisions:
This bill:
requires specific reporting regarding compliance with child welfare timelines;
requires reporting about appeals in child welfare cases;
directs the courts to consider and implement procedures to ensure that child welfare
appeals are resolved in a timely manner;
addresses things that the juvenile court should do to ensure compliance with child welfare
timelines;
addresses when the juvenile court should grant an extension of reunification services;
requires the juvenile court to consider statutory timelines when determining if
reunification services should be extended;
defines terms; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
36-33-103
, as last amended by Laws of Utah 2025, Chapter 271
78A-4-201
, as enacted by Laws of Utah 2012, Chapter 281
80-1-102
, as last amended by Laws of Utah 2025, Chapter 426
80-3-409
, as last amended by Laws of Utah 2025, Chapter 426
ENACTS:
80-3-112
, Utah Code Annotated 1953
80-3-113
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
36-33-103
is amended to read:
36-33-103
. Panel powers and duties -- Record access and confidentiality.
(1)
The panel shall:
(a)
examine and observe the process and execution of laws governing the child welfare
system by the executive branch and the judicial branch;
(b)
upon request, receive testimony from the public, the juvenile court, or a state agency
involved with the child welfare system, including the division, another office or
agency within the department, the attorney general, the Office of Guardian Ad Litem,
or a school district;
(c)
receive and review the reports described in Section
80-3-113
regarding appeals and
compliance with timelines in child welfare cases;
(c)
before October 1 of each year, receive a report from the Administrative Office of the
Courts identifying the cases not in compliance with the time limits established in the
following sections, and the reasons for noncompliance:
(i)
Subsection
80-3-301(1)
, regarding shelter hearings;
(ii)
Section
80-3-401
, regarding pretrial and adjudication hearings;
(iii)
Section
80-3-402
, regarding dispositional hearings;
(iv)
Section
80-3-406
, regarding reunification services; and
(v)
Section
80-3-409
, regarding permanency hearings and petitions for termination;
(d)
receive recommendations from, and make recommendations to the governor, the
Legislature, the attorney general, the division, the Office of Guardian Ad Litem, the
juvenile court, and the public;
(e)
(i)
receive reports from the division and the Administrative Office of the Courts on
budgetary issues impacting the child welfare system; and
(ii)
before December 1 of each year, recommend, as the panel considers advisable,
budgetary proposals to the Social Services Appropriations Subcommittee and the
Criminal Justice Appropriations Subcommittee;
(f)
study and recommend changes to laws governing the child welfare system;
(g)
study actions the state can take to preserve, unify, and strengthen the child's family
ties whenever possible in the child's best interest, including recognizing the
constitutional rights and claims of parents if those family ties are severed or infringed;
(h)
perform other duties related to the oversight of the child welfare system as the panel
considers appropriate; and
(i)
annually report the panel's findings and recommendations to the president of the
Senate, the speaker of the House of Representatives, the Health and Human Services
Interim Committee, and the Judiciary Interim Committee.
(2)
(a)
The panel may:
(i)
review and discuss individual child welfare cases;
(ii)
make recommendations to the Legislature, the governor, the Board of Juvenile
Court Judges, the division, and any other statutorily created entity related to the
policies and procedures of the child welfare system; and
(iii)
hold public hearings, as the panel considers advisable, in various locations within
the state to afford all interested persons an opportunity to appear and present the
persons' views regarding the child welfare system.
(b)
(i)
If the panel discusses an individual child welfare case, the panel shall close the
panel's meeting in accordance with
Title 52, Chapter 4, Open and Public Meetings
Act
.
(ii)
If the panel discusses an individual child welfare case, the panel shall make
reasonable efforts to identify and consider the concerns of all parties to the case.
(iii)
The panel may not make recommendations to the court, the division, or any other
public or private entity regarding the disposition of an individual child welfare
case.
(3)
(a)
A record of the panel regarding an individual child welfare 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
.
(b)
(i)
The panel shall have access to all of the division's records, including records
regarding individual child welfare cases.
(ii)
In accordance with
Title 63G, Chapter 2, Government Records Access and
Management Act
, all documents and information received by the panel from the
division shall maintain the same classification under
Title 63G, Chapter 2,
Government Records Access and Management Act
, that was designated by the
division.
(4)
In order to accomplish the panel's oversight functions under this section, the panel has:
(a)
all powers granted to legislative interim committees in Section
36-12-11
; and
(b)
legislative subpoena powers under,
Chapter 14, Legislative Subpoena Powers
.
Section 2. Section
78A-4-201
is amended to read:
78A-4-201
. Appellate review of juvenile courts.
(1)
To uphold the clear and compelling fundamental liberty interests and
constitutionally protected rights of parents and the strong public policy in favor of
maximizing family unification, appropriate appellate review shall be made available and
applied in furtherance of those interests.
(2)
All parties in a child welfare case have a strong interest in a timely resolution of an
appeal.
(3)
Appellate courts shall:
(a)
prioritize review and appeals of child welfare cases; and
(b)
consider and implement procedures to facilitate a timely resolution of an appeal of a
child welfare case.
Section 3. 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)
"Forensic evaluator" means the same as that term is defined in Section
77-15-2
.
(33)
"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)
"Gender identity" means the same as that term is defined in Section
34A-5-102
.
(35)
"Group rehabilitation therapy" means psychological and social counseling of one or
more individuals in the group, depending upon the recommendation of the therapist.
(36)
"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)
"Guardian ad litem" means the same as that term is defined in Section
78A-2-801
.
(38)
"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)
"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)
(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)
"Indian child" means the same as that term is defined in 25 U.S.C. Sec. 1903.
(42)
"Indian tribe" means the same as that term is defined in 25 U.S.C. Sec. 1903.
(43)
"Indigent defense service provider" means the same as that term is defined in Section
78B-22-102
.
(44)
"Indigent defense services" means the same as that term is defined in Section
78B-22-102
.
(45)
"Indigent individual" means the same as that term is defined in Section
78B-22-102
.
(46)
(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)
"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)
"Juvenile offender" means:
(a)
a serious youth offender; or
(b)
a youth offender.
(49)
"Juvenile probation officer" means a probation officer appointed under Section
78A-6-205
.
(50)
"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)
"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)
"Licensing Information System" means the Licensing Information System maintained
by the Division of Child and Family Services under Section
80-2-1002
.
(53)
"Management Information System" means the Management Information System
developed by the Division of Child and Family Services under Section
80-2-1001
.
(54)
"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)
"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)
"Mobile crisis outreach team" means the same as that term is defined in Section
26B-5-101
.
(57)
"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)
(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)
"Neglected child" means a child who has been subjected to neglect.
(60)
"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)
"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)
(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)
"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)
"Permanency" means a permanent, safe, and stable living environment for a minor.
(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)
, 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 4. Section
80-3-112
is enacted to read:
80-3-112
. Compliance with child welfare timelines.
(1)
As used in this section:
(a)
(i)
"Emergency" means an unexpected and unavoidable disruption to a scheduled
court hearing.
(ii)
"Emergency" does not include planned leave.
(b)
(i)
"Nonsubstantive hearing" means a hearing that does not involve:
(A)
a trial;
(B)
fact-finding;
(C)
a determination of custody or placement of a minor;
(D)
a disputed motion; or
(E)
making a finding of abuse, neglect, dependency, or delinquency.
(ii)
"Nonsubstantive hearing" may include:
(A)
a hearing that is primarily procedural in nature;
(B)
a pretrial hearing without motions;
(C)
a stipulated adjudication hearing;
(D)
certain review hearings;
(E)
a status or scheduling hearing; or
(F)
a hearing that the parties intend to continue.
(c)
"Statutory timelines" mean the timelines described in Chapter 3, Abuse, Neglect, and
Dependency Proceedings, or Chapter 4, Termination and Restoration of Parental
Rights.
(2)
(a)
Except as described in Subsection
(2)(b)
, parties may not stipulate to waive or
extend statutory timelines.
(b)
Parties may stipulate to go beyond a statutory timeline by up to four calendar days if
an emergency exists.
(3)
To meet required statutory timelines, the juvenile court shall:
(a)
schedule adjudication trials and termination trials well in advance of the statutory
deadline;
(b)
postpone or reschedule other hearings;
(c)
require an attorney appearing in the case to find coverage; and
(d)
utilize another juvenile court judge or a senior juvenile court judge to cover
nonsubstantive hearings.
(4)
The Judicial Council shall consider and implement policies and strategies to assist
juvenile court judges in meeting statutory timelines while managing a complex calendar
and caseload.
Section 5. Section
80-3-113
is enacted to read:
80-3-113
. Child welfare reporting.
(1)
On or before October 1 of each year, the Administrative Office of the Courts shall
provide the reports described in Subsections
(2)
and
(3)
to the Child Welfare Legislative
Oversight Panel and the Judiciary Interim Committee.
(2)
(a)
The Administrative Office of the Courts shall report regarding compliance with
the statutory timelines in child welfare cases described in:
(i)
Subsection
80-3-301(1)
, regarding shelter hearings;
(ii)
Section
80-3-401
, regarding pretrial and adjudication hearings;
(iii)
Section
80-3-402
, regarding dispositional hearings;
(iv)
Subsections
80-3-406(16)
and
80-3-409(1)
, regarding an initial permanency
hearing;
(v)
Subsection
80-3-409(7)(a)
, regarding a permanency hearing following a 90-day
extension of reunification services;
(vi)
Subsection
80-3-409(7)(c)
, regarding a permanency hearing following a 60-day
final extension of reunification services;
(vii)
Subsection
80-3-409(10)
, regarding a petition and pretrial hearing for
termination; and
(viii)
Subsection
80-3-409(13)(c)
, regarding a decision on a termination petition.
(b)
The report described in Subsection
(2)(a)
shall include:
(i)
the reason for noncompliance with statutory deadlines;
(ii)
data regarding the reason for and frequency of:
(A)
extension of reunification services at an initial permanency hearing, described
in Subsection
80-3-409(7)(a)
; and
(B)
extension of reunification services at a second permanency hearing, described
in Subsection
80-3-409(7)(c)
; and
(iii)
the number of minors in the custody of the division at:
(A)
18 months after the minor's initial removal;
(B)
21 months after the minor's initial removal; and
(C)
24 months after the minor's initial removal.
(c)
The report described in Subsection
(2)(a)
shall be organized by judicial district.
(3)
(a)
The Administrative Office of the Courts shall report regarding appeals of child
welfare cases, including:
(i)
the total number of child welfare appeals;
(ii)
the number of child welfare appeals by type of juvenile court decision;
(iii)
the percentage of child welfare appeals that:
(A)
are dismissed based on the petition for appeal;
(B)
are decided by briefing; and
(C)
are decided by briefing and oral arguments;
(iv)
the percentage of juvenile court decisions that are:
(A)
upheld; and
(B)
overturned and remanded;
(v)
the average length of time and the longest length of time:
(A)
for a completed child welfare appeal, from the notice of appeal until the
conclusion of the appeal;
(B)
for an appellate court to review the initial filing documents and determine
whether a decision can be issued; and
(C)
that a child welfare case being appealed is under advisement;
(vi)
the current deadlines that the courts have established for a child welfare appeal;
and
(vii)
efforts that the courts have made to prioritize child welfare appeals and expedite
decisions for child welfare appeals.
Section 6. Section
80-3-409
is amended to read:
80-3-409
. Permanency hearing -- Final plan -- Petition for termination of
parental rights filed -- Hearing on termination of parental rights.
(1)
(a)
If reunification services are ordered under Section
80-3-406
, with regard to a
minor who is in the custody of the division, the juvenile court shall hold a
permanency hearing no later than 12 months after the day on which the minor is
initially removed from the minor's home.
(b)
If reunification services are not ordered at the dispositional hearing, the juvenile
court shall hold a permanency hearing within 30 days after the day on which the
dispositional hearing ends.
(2)
(a)
If reunification services are ordered in accordance with Section
80-3-406
, the
juvenile court shall, at the permanency hearing, determine, consistent with
Subsection
(3)
, whether the minor may safely be returned to the custody of the
minor's parent.
(b)
If the juvenile court finds, by a preponderance of the evidence, that return of the
minor to the minor's parent would create a substantial risk of detriment to the minor's
physical or emotional well-being, the minor may not be returned to the custody of the
minor's parent.
(c)
Prima facie evidence that return of the minor to a parent or guardian would create a
substantial risk of detriment to the minor is established if:
(i)
the parent or guardian fails to:
(A)
participate in a court approved child and family plan;
(B)
comply with a court approved child and family plan in whole or in part; or
(C)
meet the goals of a court approved child and family plan; or
(ii)
the minor's parent:
(A)
intentionally, knowingly, or recklessly causes the death of another parent of
the minor;
(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 minor; or
(C)
is being prosecuted for or has been convicted of intentionally, knowingly, or
recklessly causing the death of another parent of the minor.
(3)
In making a determination under Subsection
(2)(a)
, the juvenile court shall:
(a)
review and consider:
(i)
the report prepared by the division;
(ii)
in accordance with the Utah Rules of Evidence, any admissible evidence offered
by the minor's attorney guardian ad litem;
(iii)
any report submitted by the division under Subsection
80-3-408(3)(a)(i)
;
(iv)
any evidence regarding the efforts or progress demonstrated by the parent; and
(v)
the extent to which the parent cooperated and used the services provided; and
(b)
attempt to keep the minor's sibling group together if keeping the sibling group
together is:
(i)
practicable; and
(ii)
in accordance with the best interest of the minor.
(4)
With regard to a case where reunification services are ordered by the juvenile court, if a
minor is not returned to the minor's parent or guardian at the permanency hearing, the
juvenile court shall, unless the time for the provision of reunification services is
extended under Subsection
(7)
:
(a)
order termination of reunification services to the parent;
(b)
make a final determination regarding whether termination of parental rights,
adoption, or permanent custody and guardianship is the most appropriate final plan
for the minor, taking into account the minor's primary permanency plan established
by the juvenile court under Section
80-3-406
; and
(c)
in accordance with Subsection
80-3-406(2)
, establish a concurrent permanency plan
that identifies the second most appropriate final plan for the minor, if appropriate.
(5)
The juvenile court may order another planned permanent living arrangement other than
reunification for a minor who is 16 years old or older upon entering the following
findings:
(a)
the division has documented intensive, ongoing, and unsuccessful efforts to reunify
the minor with the minor's parent or parents, or to secure a placement for the minor
with a guardian, an adoptive parent, or an individual described in Subsection
80-3-301(6)(e)
;
(b)
the division has demonstrated that the division has made efforts to normalize the life
of the minor while in the division's custody, in accordance with Section
80-2-308
;
(c)
the minor prefers another planned permanent living arrangement; and
(d)
there is a compelling reason why reunification or a placement described in
Subsection
(5)(a)
is not in the minor's best interest.
(6)
Except as provided in Subsection
(7)
, the juvenile court may not extend reunification
services beyond 12 months after the day on which the minor is initially removed from
the minor's home, in accordance with the provisions of Section
80-3-406
.
(7)
(a)
(i)
Subject to Subsection
(7)(b)
, the juvenile court may extend reunification
services for no more than 90 days if the juvenile court finds, by a preponderance
of the evidence, that:
(i)
(A)
there has been substantial compliance with the child and family plan;
(ii)
(B)
reunification is probable within that 90-day period; and
(iii)
(C)
the extension is in the best interest of the minor.
(ii)
The juvenile court shall specify the facts upon which the findings described in
Subsection
(7)(a)(i)
are based.
(b)
(i)
Except as provided in Subsection
(7)(c)
, the juvenile court may not extend any
reunification services beyond 15 months after the day on which the minor is
initially removed from the minor's home.
(ii)
Delay or failure of a parent to establish paternity
or
,
seek custody
, or participate
in reunification services
does not provide a basis for the juvenile court to extend
services for the parent beyond the 12-month period described in Subsection
(6)
.
(c)
In accordance with Subsection
(7)(d)
, the juvenile court may extend reunification
services for one additional
90
60
-day period, beyond the
90
60
-day period
described in Subsection
(7)(a)
, if:
(i)
the juvenile court finds, by clear and convincing evidence, that:
(A)
the parent has substantially complied with the child and family plan;
(B)
it is likely that reunification will occur within the additional
90
60
-day
period; and
(C)
the extension is in the best interest of the minor;
(ii)
the juvenile court specifies the facts upon which the findings described in
Subsection
(7)(c)(i)
are based;
and
(iii)
the juvenile court specifies the time period in which it is likely that reunification
will occur
.
; and
(iv)
the juvenile court finds that a 60-day extension of reunification services will not
impede the juvenile court's or the parties' ability to comply with the deadlines
described in Subsection
(10)
or (13)(c), including a trial if necessary.
(d)
A juvenile court may not extend the time period for reunification services without
complying with the requirements of this Subsection
(7)
before the extension.
(e)
In determining whether to extend reunification services for a minor, a juvenile court
shall take into consideration the status of the minor siblings of the minor.
(8)
(a)
At the permanency hearing, if a child remains in an out-of-home placement, the
juvenile court shall:
(i)
make specific findings regarding the conditions of parent-time that are in the
child's best interest; and
(ii)
if parent-time is denied, state the facts that justify the denial.
(b)
Parent-time shall be under the least restrictive conditions necessary to:
(i)
protect the physical safety of the child; or
(ii)
prevent the child from being traumatized by contact with the parent due to the
child's fear of the parent in light of the nature of the alleged abuse or neglect.
(c)
(i)
The division or the person designated by the division or a court to supervise a
parent-time session may deny parent-time for the session if the division or the
supervising person determines that, based on the parent's condition, it is necessary
to deny parent-time to:
(A)
protect the physical safety of the child;
(B)
protect the life of the child; or
(C)
consistent with Subsection
(8)(c)(ii)
, prevent the child from being traumatized
by contact with the parent.
(ii)
In determining whether the condition of the parent described in Subsection
(8)(c)(i)
will traumatize a child, the division or the person supervising the
parent-time session shall consider the impact that the parent's condition will have
on the child in light of:
(A)
the child's fear of the parent; and
(B)
the nature of the alleged abuse or neglect.
(9)
The juvenile court may, in the juvenile court's discretion:
(a)
enter any additional order that the juvenile court determines to be in the best interest
of the minor, so long as that order does not conflict with the requirements and
provisions of Subsections
(4)
through
(8)
; or
(b)
order the division to provide protective supervision or other services to a minor and
the minor's family after the division's custody of a minor is terminated.
(10)
(a)
If the final plan for the minor is to proceed toward termination of parental rights,
the petition for termination of parental rights shall be filed, and a pretrial held, within
45 calendar days after the day on which the permanency hearing is held.
(b)
If the division opposes the plan to terminate parental rights, the juvenile court may
not require the division to file a petition for the termination of parental rights, except
as required under Subsection
80-4-203(2)
.
(11)
(a)
Any party to an action may, at any time, petition the juvenile court for an
expedited permanency hearing on the basis that continuation of reunification efforts
are inconsistent with the permanency needs of the minor.
(b)
If the juvenile court so determines, the juvenile court shall order, in accordance with
federal law, that:
(i)
the minor be placed in accordance with the permanency plan; and
(ii)
whatever steps are necessary to finalize the permanent placement of the minor be
completed as quickly as possible.
(12)
Nothing in this section may be construed to:
(a)
entitle any parent to reunification services for any specified period of time;
(b)
limit a juvenile court's ability to terminate reunification services at any time before a
permanency hearing; or
(c)
limit or prohibit the filing of a petition for termination of parental rights by any party,
or a hearing on termination of parental rights, at any time before a permanency
hearing provided that relative placement and custody options have been fairly
considered in accordance with Sections
80-2a-201
and
80-4-104
.
(13)
(a)
Subject to Subsection
(13)(b)
, if a petition for termination of parental rights is
filed before the date scheduled for a permanency hearing, the juvenile court may
consolidate the hearing on termination of parental rights with the permanency hearing.
(b)
For purposes of Subsection
(13)(a)
, if the juvenile court consolidates the hearing on
termination of parental rights with the permanency hearing:
(i)
the juvenile court shall first make a finding regarding whether reasonable efforts
have been made by the division to finalize the permanency plan for the minor; and
(ii)
any reunification services shall be terminated in accordance with the time lines
described in Section
80-3-406
.
(c)
The juvenile court shall make a decision on a petition for termination of parental
rights within 18 months after the day on which the minor is initially removed from
the minor's home.
(14)
(a)
If a juvenile court determines that a minor will not be returned to a parent of the
minor, the juvenile court shall consider appropriate placement options inside and
outside of the state.
(b)
In considering appropriate placement options under Subsection
(14)(a)
, the juvenile
court shall provide preferential consideration to a relative's request for placement of
the minor.
(15)
(a)
In accordance with Section
80-3-108
, if a minor 14 years old or older desires an
opportunity to address the juvenile court or testify regarding permanency or
placement, the juvenile court shall give the minor's wishes added weight, but may not
treat the minor's wishes as the single controlling factor under this section.
(b)
If the juvenile court's decision under this section differs from a minor's express
wishes if the minor is of sufficient maturity to articulate the wishes in relation to
permanency or the minor's placement, the juvenile court shall make findings
explaining why the juvenile court's decision differs from the minor's wishes.
(16)
(a)
If, for a relative placement, an interstate placement requested under the Interstate
Compact on the Placement of Children has been initiated by the division or is ordered
by or pending before the juvenile court, the court may not finalize a non-relative
placement unless the court gives due weight to:
(i)
the preferential consideration granted to a relative in Section
80-3-302
;
(ii)
the rebuttable presumption in Section
80-3-302
; and
(iii)
the division's placement authority under Subsections
80-1-102(51)
and
80-3-303(1)
.
(b)
Nothing in this section affects the ability of a foster parent to petition the juvenile
court under Subsection
80-3-502(3)
.
Section 7.
Effective Date.
This bill takes effect on
May 6, 2026
.
2-16-26 3:59 PM