Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 321 (2017GS)

Sponsor

Rep. Snow, V. L.

Final action

House/ filed 3/9/2017

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• lists decisions related to an education plan;
• addresses who can make the education plan; and
• makes technical changes.

Every vote on this bill

Bill text

This document includes House Committee Amendments incorporated into the bill on Tue, Feb 21, 2017 at 12:35 PM by ryoung.
PARENTING PLAN AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: V. Lowry Snow
Senate Sponsor: 
 Don L. Ipson
LONG TITLE
General Description:
This bill modifies provisions related to parenting plans. 
Highlighted Provisions:
This bill:
▸ lists decisions related to an education plan;
▸ addresses who can make the education plan; and
▸ makes technical changes. 
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
30-3-10.9
, as last amended by Laws of Utah 2003, Chapter 288
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
30-3-10.9
 is amended to read:
30-3-10.9.
Parenting plan -- Objectives -- Required provisions -- Dispute
resolution.
(1) The objectives of a parenting plan are to:
(a) provide for the child's physical care;
(b) maintain the child's emotional stability;
(c) provide for the child's changing needs as the child grows and matures in a way that
minimizes the need for future modifications to the parenting plan;
(d) set forth the authority and responsibilities of each parent with respect to the child
consistent with the definitions outlined in this chapter;
(e) minimize the child's exposure to harmful parental conflict;
(f) encourage the parents, where appropriate, to meet the responsibilities to their minor
children through agreements in the parenting plan rather than relying on judicial intervention;
and
(g) protect the best interests of the child.
(2) The parenting plan shall contain provisions for resolution of future disputes
between the parents, allocation of decision-making authority, and residential provisions for the
child, and provisions addressing notice and parent-time responsibilities in the event of the
relocation of either party. It may contain other provisions comparable to those in Sections
30-3-5
 and 
30-3-10.3
 regarding the welfare of the child.
(3) A process for resolving disputes shall be provided unless precluded or limited by
statute. A dispute resolution process may include:
(a) counseling;
(b) mediation or arbitration by a specified individual or agency; or
(c) court action.
(4) In the dispute resolution process:
(a) preference shall be given to the provisions in the parenting plan;
(b) parents shall use the designated process to resolve disputes relating to
implementation of the plan, except those related to financial support, unless an emergency
exists;
(c) a written record shall be prepared of any agreement reached in counseling or
mediation and provided to each party;
(d) if arbitration becomes necessary, a written record shall be prepared and a copy of
the arbitration award shall be provided to each party;
(e) if the court finds that a parent has used or frustrated the dispute resolution process
without good reason, the court may award [
attorney's
] 
attorney
 fees and financial sanctions to
the prevailing parent;
(f) the district court [
shall have
] 
has
 the right of review from the dispute resolution
process; and
(g) the provisions of this Subsection (4) shall be set forth in any final decree or order.
(5) 
(a)
 [
The
] 
Subject to the other provisions in this Subsection (5), the
 parenting plan
shall allocate decision-making authority to one or both parties regarding the [
children's
] 
child's
education, health care, and religious upbringing. The parties may incorporate an agreement
related to the care and growth of the [
children
] 
child
 in these specified areas or in other areas
into their plan, consistent with the criteria outlined in Subsection 
30-3-10.7
(2) and Subsection
(1). Regardless of the allocation of decision-making in the parenting plan, either parent may
make emergency decisions affecting the health or safety of the child.
(b) A child's education plan shall designate the following:
(i) the home residence for purpose of identifying the appropriate school;
(ii) whether one or both parents has access to the child during school and authority to
check the child out of school; and
(iii) which parent has authority to make education decisions for the child in the event
the parties cannot agree.
(c) If no education provision is included in the parent plan:
(i) the parent with sole physical custody
Ĥ→ [
may
] 
 shall
 ←Ĥ
make the decisions listed in
78a 
Subsection
(5)(b); or
(ii) in the event of joint physical custody, the parent having the child the majority of the
time, pursuant to Subsection 
30-3-10.3
(4)
Ĥ→ [
may
] 
 shall
 ←Ĥ
make the decisions listed in
81a 
Subsection (5)(b)
Ĥ→ 
, except that there is a presumption that both parents with joint physical
81b 
custody shall have access to the child during school and authority to check the child out of
81c 
school
 ←Ĥ
.
(6) Each parent may make decisions regarding the day-to-day care and control of the
child while the child is residing with that parent.
(7) When mutual decision-making is designated but cannot be achieved, the parties
shall make a good faith effort to resolve the issue through the dispute resolution process.
(8) The plan shall include a residential schedule [
which
] 
that
 designates in which
parent's home each minor child shall reside on given days of the year, including provisions for
holidays, birthdays of family members, vacations, and other special occasions.
(9) If a parent fails to comply with a provision of the parenting plan or a child support
order, the other parent's obligations under the parenting plan or the child support order are not
affected. Failure to comply with a provision of the parenting plan or a child support order may
result in a finding of contempt of court.
Legislative Review Note
Office of Legislative Research and General Counsel