Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 131 First Substitute (2017GS)

Sponsor

Rep. Christofferson, K.

Final action

House/ filed 3/9/2017

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• requires the division to make an ongoing child placement that is in the child's best interests without the division giving undue preference to the child's emergency placement;
• allows a child's relative to petition the juvenile court to review the division's ongoing placement decision;
• gives adoption placement preference to married relatives of a child over an unmarried relative; and
• makes technical changes.

Every vote on this bill

Bill text

CHILD PLACEMENT REVISIONS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Kay J. Christofferson
Senate Sponsor: 
____________
LONG TITLE
General Description:
This bill amends provisions relating to the placement of a child in division custody and
the adoption of a child from division custody.
Highlighted Provisions:
This bill:
▸ requires the division to make an ongoing child placement that is in the child's best
interests without the division giving undue preference to the child's emergency
placement;
▸ allows a child's relative to petition the juvenile court to review the division's
ongoing placement decision; 
▸ gives adoption placement preference to married relatives of a child over an
unmarried relative; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
78A-6-307.5
, as enacted by Laws of Utah 2008, Chapter 17
78B-6-117
, as enacted by Laws of Utah 2008, Chapter 3
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
78A-6-307.5
 is amended to read:
78A-6-307.5.
Post-shelter hearing placement of a child who is in division custody.
(1) If the court awards custody of a child to the division under Section 
78A-6-307
, or
as otherwise permitted by law, the division shall determine ongoing placement of the child.
(2) In placing a child under Subsection (1), the division:
(a) except as provided in Subsections (2)(b) and (d), shall comply with the applicable
background check provisions described in Section 
78A-6-307
;
(b) is not required to receive approval from the court prior to making the placement;
(c) shall, within three days, excluding weekends and holidays, after making the
placement, give written notice 
that the placement has been made
 to the court[
,
] and all parties
to the proceedings[
, that the placement has been made
]; and
(d) may place the child with a noncustodial parent or relative of the child, using the
same criteria established for an emergency placement under Section 
62A-4a-209
, pending the
results of:
(i) the background check described in Subsection 
78A-6-307
(16)(a); and
(ii) evaluation with the noncustodial parent or relative to determine the noncustodial
parent's or relative's capacity to provide ongoing care to the child.
(3) When determining an ongoing placement under Subsection (1), the division may
not give undue preference to keeping a child with an emergency placement made under Section
62A-4a-209
 if another placement option that better serves the best interests of the child is
available.
(4) A noncustodial parent or relative of the child as defined in Section 
78A-6-307
 may
petition the juvenile court to review the division's ongoing placement decision under
Subsection (1) on the grounds that:
(a) the division did not follow prescribed vetting or placement procedures; or
(b) the best interests of the child would be better served by a different placement.
(5) After review of the division's placement under Subsection (1), a juvenile court may:
(a) affirm the division's placement;
(b) direct placement elsewhere; or
(c) order the division to determine an alternate placement in accordance with
prescribed vetting and placement procedures.
Section 2. Section 
78B-6-117
 is amended to read:
78B-6-117.
Who may adopt -- Adoption of a child.
[
(1) A minor child may be adopted by an adult person, in accordance with the
provisions and requirements of this section and this part.
]
[
(2)
] 
(1)
 A child may be adopted by:
(a) adults who are legally married to each other in accordance with the laws of this
state, including adoption by a stepparent; or
(b) subject to Subsection [
(4)
] 
(3)
, any single adult, except as provided in Subsection
[
(3)
] 
(2)
.
[
(3)
] 
(2)
 A child may not be adopted by a person who is cohabiting in a relationship
that is not a legally valid and binding marriage under the laws of this state.
[
(4)
] 
(3)
 In order to provide a child who is in the custody of the division with the most
beneficial family structure, when a child in the custody of the division is placed for adoption,
the division or child-placing agency shall place the child with a man and a woman who are
married to each other, unless:
(a) there are no qualified married couples who:
(i) have applied to adopt a child;
(ii) are willing to adopt the child; and
(iii) are an appropriate placement for the child;
(b) the child is placed with [
a
] 
an unmarried
 relative [
of the child;
] 
and there are no
married couples related to the child who:
(i) are willing to adopt the child; and
(ii) are an appropriate placement for the child;
(c) the child is placed with a person who has already developed a substantial
relationship with the child;
(d) the child is placed with a person who:
(i) is selected by a parent or former parent of the child, if the parent or former parent
consented to the adoption of the child; and
(ii) the parent or former parent described in Subsection (4)(d)(i):
(A) knew the person with whom the child is placed before the parent consented to the
adoption; or
(B) became aware of the person with whom the child is placed through a source other
than the division or the child-placing agency that assists with the adoption of the child; or
(e) it is in the best interests of the child to place the child with a single person.
Legislative Review Note
Office of Legislative Research and General Counsel