HB0226S3

Termination of Parental Rights Amendments

Throckmorton, M.

A court may not terminate parental rights for failure of a parent to complete the requirements of a treatment plan. In certain cases in which the court has directed DCFS to provide reunification services, the court must find that the division made reasonable efforts to provide those services before the court may terminate the parent's rights.

SB0101S2

Criminal Background Checks for Licensed Providers of Human Services

Blackham, L.

The act excludes individuals serving on certain governing bodies and boards from the requirement of criminal background checks. The act modifies licensing requirements of human services licensees and persons associated with a licensee. The act amends criminal background check provisions. The act requires that the Department of Human Services and the Human Services Licensing Board conduct a comprehensive review of criminal and court records and related circumstances in connection with certain convictions found in a search. The act clarifies and modifies the process for challenging a decision by the department not to approve a person to have direct access in a licensee program serving children or vulnerable adults.

HB0028

Governmenta l Immunity Amendments

Harper, W.

The act provides that there is no immunity to governmental employee child welfare workers who act or fail to act through fraud or malice or who commit perjury.

HB0295

Taking Minor into Protective Custody Without Warrant

Hatch, T.

This act amends the Human Services Code and the Judicial Code. The act provides that a state officer, peace officer, or child welfare worker may not remove a minor from the minor's home or school or take the minor into protective custody without a warrant or court order unless a parent or guardian consents, or there is probable cause to believe that any one or more of enumerated circumstances exist

HB0300

Amendments to Guardian Ad Litem Statutes

Throckmorton, M.

The act eliminates the role of the Office of GAL in juvenile delinquency cases and child custody cases unless there is an allegation of abuse, neglect, or dependency.  The act removes the right and requirement of the attorneys guardian ad litem to provide a report and recommendations to the court.

SB0017S2

DCFS Management Information System Amendments

Buttars, D. C.

The act provides that when DCFS makes a supported finding of certain types of severe child abuse or neglect that finding is referred to juvenile court or a notice is personally served upon the alleged perpetrator. The act provides that in certain circumstances the alleged perpetrator has the right to either consent to entry of the alleged perpetrator's name on the Licensing Information System or to petition for a hearing before a juvenile court judge. The act provides that the juvenile court will make a finding of substantiated, unsubstantiated, or without merit and provide a copy of its determination to the division. The act provides that DCFS remove information from the Licensing Information System after a juvenile court makes a finding. The act clarifies the right of judicial review of final agency action. The act provides an opportunity for certain persons to petition the juvenile court to remove their names from the Licensing Information System. The act provides that certain juvenile court records and related appellate court records are accessible for licensing purposes. The act clarifies that information contained in the Management Information System and Licensing Information System is a protected record.

SB0076

Domestic Violence in Presence of Child Amendments

Steele, D.

The act provides that a person is guilty of child abuse if the person commits an act of domestic violence in the presence of a child. The act eliminates the requirement that there be one or more prior occasions of acts of domestic violence in the presence of a child before a person is guilty of child abuse. The act clarifies that a charge of child abuse arising from domestic violence in the presence of a child is separate and distinct from a charge of domestic violence where the victim is the cohabitant.

SB0087S1

Visitation Rights of Grandparents

Spencer, T.

Grandparents may intervene in pending proceedings involving custody and visitation issues. The act applies to all grandparent visitation actions a presumption in favor of the parent's decision and describes how that presumption can be overcome. The act permits courts to take into account the grandchild's desires regarding visitation. The act establishes a standard for modification of an existing visitation order.

SB0106S1

Divorce - Children's Testimony Limited

Spencer, T.

The children may not be required by either party to testify unless the trier of fact determines that extenuating circumstances exist that would necessitate the testimony of the children be heard and there is no other reasonable method to present their testimony.
 

SB0110

Child Placement Determinatio ns

Eastman, D.

The act changes the permanency plan regarding long-term foster care for a child who is three years of age or younger. The act expands the grounds for removal of a foster child from the home of the foster parents without first providing a hearing to the foster parents. The act modifies fingerprinting requirements for household members in a foster home. The act clarifies when a juvenile court may order a planned permanent living arrangement other than adoption, reunification, guardianship, and kinship placement for a child in the custody of the Division of Child and Family Service. 

HB0025S1

Adult Protective Services Amendments

Jones, P.

The act sets forth the purposes, powers, and duties of Adult Protective Services. The act modifies the mandatory reporting law and adds penalties for obstructing investigations and for threatening or intimidating reporters, victims, or witnesses. The act clarifies who may have access to reports and information in the possession of Adult Protective Services. The act provides that a vulnerable adult victim of exploitation has a private right of action against the perpetrator. The act clarifies provisions regarding various petitions that can be filed in district court by Adult Protective Services in behalf of vulnerable adults.

HB0204

Responsibilit y of Attorney General to Represent Division of Child and Family Services

Throckmorton, M.

This act amends the Human Services Code. The act provides that in its role of enforcing code provisions relating to the protection and custody of abused, neglected, or dependent minors the attorney general acts under the direction of the Division of Child and Family Services.

HB0270

Mental Health Practitioner in Parental Rights Action

Thompson, M.

This act modifies the Parental Termination Rights Act in the Judicial Code. The act provides that when a mental health practitioner is to be appointed in a termination of parental rights action the juvenile court may appoint any mental health therapist which the court finds to be qualified, and may not refuse to appoint a mental health therapist for the
reason that therapist's recommendations in another case have not followed the recommendations of the Division of Child and Family Services.
 

SB0024

Release of Custodial or Noncustodial Parent's Address

Allen, D. E.

This act modifies the requirements under which the Office of Recovery Services may release information on custodial or noncustodial parents.

SB0178

Protecting the Unborn Child

Poulton, L. S.

The act designates that a person may be found guilty of criminal homicide for the killing of an unborn child at any stage of its development.

HB0196S1

Divorce and Parent-time Revision

Bennion, C.

This act modifies provisions pertaining to parent-time and child support. It provides for a minimum visitation schedule when a parent relocates, either by leaving the state or by putting more than 150 miles between a noncustodial parent and a child. It also requires that the Office of Recovery Services verify information received concerning nonpayment of support before acting on a possibly unfounded allegation.

HB0237

Spouse Abuse Amendments

Adair, G.

This act modifies the Code of Criminal Procedure to require that domestic violence offenders be required to attend and satisfactorily complete a domestic violence treatment program as a part of their sentence.

SB0011

Prohibiting Intimacy with Youth Receiving State Services

Julander, P.

This act modifies the Criminal Code by creating the offenses of custodial sexual relations and custodial sexual misconduct with youth who are receiving state services.

SB0012

Transfer of Youth Services Oversight

Buttars, D. C.

This act modifies the Utah Human Services Code chapters providing Child and Family Services and Youth Corrections, by moving references to youth services into the Youth Corrections chapter. The act provides a definition of youth services and guidelines for providing youth services programs.

SB0026

Serious Youth Offender Amendments

Hillyard, L.

This act modifies the Judicial Code by providing that certain offenses committed by a minor within a secure facility are not subject to district court jurisdiction, and clarifying when jurisdiction over a minor is retained under the Serious Youth Offender provisions. This act takes effect immediately.

SB0130

Youth Court Amendments

Gladwell, D.

This act modifies the Utah Youth Court Diversion Act. It extends the definition of youth to persons 18 years of age but still attending high school and provides for the exercise of authority over juveniles under the jurisdiction of the Juvenile Court if the offense is not a violation of law.
 

HB0035

Expungemen t of Juvenile Records

Daniels, S.

This act modifies the Juvenile Court Act by clarifying the steps necessary to expunge a record in the Juvenile Court. It requires that the petitioner be over 18 years of age, have completed all court requirements, and not have an adult criminal record. The statute is further modified by requiring notification of victims and allowing for expungement of nonjudicial closures.

SB0026

Serious Youth Offender Amendments

Hillyard, L.

This act modifies the Judicial Code by providing that certain offenses committed by a minor within a secure facility are not subject to district court jurisdiction, and clarifying when jurisdiction over a minor is retained under the Serious Youth Offender provisions.