Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 377 (2016GS)

Sponsor

Rep. Christensen, L.

Final action

Governor Vetoed 3/30/2016

Outcome

Vetoed

Summary

What it does

• This bill:
• amends definitions; and
• provides that a grandparent may petition for visitation after a parent's rights have been terminated, unless the grandchild is adopted by a nonrelative.

Every vote on this bill

Bill text

GRANDPARENT RIGHTS AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: LaVar Christensen
Senate Sponsor: 
 Lyle W. Hillyard
LONG TITLE
General Description:
This bill enacts provisions concerning the visitation rights of a grandparent.
Highlighted Provisions:
This bill:
▸ amends definitions; and
▸ provides that a grandparent may petition for visitation after a parent's rights have
been terminated, unless the grandchild is adopted by a nonrelative.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
30-5-3
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
30-5-3
 is enacted to read:
 30-5-3.
Special considerations.
(1) As used in this section:
(a) "Grandparent" means an individual:
(i) whose child, either by blood, marriage, or adoption, has had the child's parental
rights terminated under Title 78A, Chapter 6, Part 5, Termination of Parental Rights Act; and
(ii) whose grandchild is being adopted by a relative.
(b) "Nonrelative" means an individual not related to the grandchild by marriage or
blood at the time of adoption.
(c) "Relative" means an individual related to the grandchild by marriage or blood as:
(i) a sibling;
(ii) an aunt;
(iii) an uncle; or
(iv) a grandparent.
(2) Unless the grandchild is adopted by a nonrelative, when a parent's rights are
terminated under Title 78A, Chapter 6, Part 5, Termination of Parental Rights Act:
(a) the rights of a grandparent of a grandchild are not extinguished; and
(b) a grandparent may file a petition for visitation rights in juvenile or district court.
(3) (a) There is a rebuttable presumption that the adoptive parent's decision with regard
to grandparent visitation is in the grandchild's best interest.
(b) The court may override the adoptive parent's decision described in Subsection
(3)(a) and grant the petitioner reasonable rights of visitation if the court finds that the petitioner
has rebutted the presumption based upon factors that the court considers to be relevant, such as
whether:
(i) the petitioner is a fit and proper individual to have visitation with the grandchild;
(ii) visitation with the grandchild has been unfairly denied or unreasonably limited, and
without just or compelling cause;
(iii) the petitioner has acted as the grandchild's custodian or caregiver, or otherwise has
had a substantial and positive, bonding relationship with the grandchild, and the loss or
cessation of that relationship is likely to cause harm to the grandchild;
(iv) visitation will not disrupt the formation of a new family unit; or
(v) visitation is in the best interest of the grandchild.
(4) Subject to the provisions of Subsection (3), the court may inquire of the grandchild
and take into account the grandchild's desires regarding grandparent visitation.
(5) On the petition of a grandparent or the adoptive parent of the grandchild, the court
may, after a hearing, modify an order regarding grandparent visitation if:
(a) the circumstances of the grandchild, the grandparent, or the adoptive parent have
materially and substantially changed since the entry of the order to be modified, or the order
has become unworkable or inappropriate under existing circumstances; and
(b) the court determines that a modification is appropriate based upon the factors set
forth in Subsection (3).
(6) A grandparent may petition the court to remedy an adoptive parent's wrongful
noncompliance with a visitation order.
Legislative Review Note
Office of Legislative Research and General Counsel