Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 48 (2018GS)

Sponsor

Rep. Snow, V. L.

Final action

Governor Signed 3/15/2018

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

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

Every vote on this bill

Bill text

PARENTING PLAN AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: V. Lowry Snow
Senate Sponsor: 
Lyle W. Hillyard
LONG TITLE
Committee Note:
The Judiciary Interim Committee recommended this bill.
General Description:
This bill modifies provisions related to parenting plans.
Highlighted Provisions:
This bill:
▸ lists decisions related to an education plan;
▸ addresses who makes 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 2017, Chapter 224
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 of 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
] 
healthcare
, 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
] 
the
 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 purposes of identifying the appropriate school or another
specific plan that provides for where the child will attend school;
(ii) which parent has authority to make education decisions for the child if the parents
cannot agree; and
(iii) whether one or both parents have access to the child during school and authority to
check the child out of school.
(c) If no education provision is included in the parent plan:
(i) a parent with sole physical custody shall make the decisions listed in Subsection
(5)(b);
(ii) in the event of joint physical custody when one parent has custody a majority of the
time, pursuant to Subsection 
30-3-10.3
(4):
(A) the parent having the child the majority of the time shall make the decisions listed
in Subsections (5)(b)(i) and (ii); and
(B) both parents with joint physical custody shall have access to the child during
school and authority to check the child out of school; or
(iii) in the event of joint physical custody when the parents have custody an equal
amount of time:
(A) the court shall determine how the decisions listed in Subsections (5)(b)(i) and (ii)
are made; and
(B) both parents with joint physical custody shall have access to the child during
school and authority to check the child out of school.
(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.
(10) (a) When one or both parents are servicemembers, the parenting plan shall contain
provisions that address the foreseeable parenting and custodial issues likely to arise in the event
of notification of deployment or other contingency, including long-term deployments,
short-term deployments, death, incapacity, and noncombatant evacuation operations.
(b) The provisions in the parenting plan described in Subsection (10)(a) shall comport
substantially with the requirements of an agreement made pursuant to Section 
78B-20-201
.
Legislative Review Note
Office of Legislative Research and General Counsel