Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 3005 (2016S3)

Sponsor

Rep. Christensen, L.

Final action

House/ filed 7/13/2016 (5:09:40 PM)

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• enacts 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
THIRD SPECIAL SESSION
STATE OF UTAH
Chief Sponsor: LaVar Christensen
Senate Sponsor: 
J. Stuart Adams
LONG TITLE
General Description:
This bill enacts provisions concerning the visitation rights of a grandparent.
Highlighted Provisions:
This bill:
▸ enacts 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:
This bill provides a special effective date.
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 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) Despite the presumption provided in Subsection (3)(a), the court may grant the
petitioner reasonable rights of visitation if the court finds that the petitioner has rebutted the
presumption and finds that visitation is in the grandchild's best interest. The court may consider
relevant factors, including 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; or
(iv) visitation will not disrupt the formation of a new family unit.
(4) In considering 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.
(7) A grandparent's petition for visitation rights for an adoption that is finalized after
January 1, 2017, shall be filed within two years of the date on which:
(a) the final decree of adoption is entered; or
(b) the adoptive parent ended the grandparent's visitation.
(8) For an adoption that is finalized before January 1, 2017, or for a circumstance in
which an adoptive parent ended the grandparent's visitation before January 1, 2017, the
grandparent may file a petition for visitation rights on or before December 31, 2019.
(9) A grandparent may not file multiple petitions for visitation rights under this section.
(10) For any adoption that is finalized after January 1, 2017, the court shall give notice
or confirm actual notice to the adoptive parents of the provisions of this section.
Section 2. 
Effective date.
If approved by two-thirds of all the members elected to each house, this bill takes effect
upon approval by the governor, or the day following the constitutional time limit of Utah
Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
the date of veto override.
Legislative Review Note
Office of Legislative Research and General Counsel