Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 125 (2018GS)

Sponsor

Sen. Harper, W.

Final action

Governor Signed 3/19/2018

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• amends and defines terms;
• prohibits the Department of Human Services from maintaining child pornography and requires the department to transfer specified child pornography to law enforcement;
• prohibits access to child pornography transferred by the department to law enforcement, subject to certain exceptions;
• exempts a Department of Human Services employee acting in the employee's professional capacity from criminal and civil liability due to the employee's necessary viewing or transferring of child pornography;
• removes child pornography from the definition of "record" in the Government Records Access and Management Act;
• clarifies the requirement for school personnel to report child abuse or neglect, including educational neglect, to the Division of Child and Family Services;
• makes requirements for how a court, the division, and law enforcement respond when a child who is in the custody of the division is missing, has been abducted, or has run away; and
• makes technical changes.

Every vote on this bill

Bill text

CHILD WELFARE AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Wayne A. Harper
House Sponsor: 
Paul Ray
LONG TITLE
General Description:
This bill amends provisions relating to child welfare.
Highlighted Provisions:
This bill:
▸ amends and defines terms;
▸ prohibits the Department of Human Services from maintaining child pornography
and requires the department to transfer specified child pornography to law
enforcement;
▸ prohibits access to child pornography transferred by the department to law
enforcement, subject to certain exceptions;
▸ exempts a Department of Human Services employee acting in the employee's
professional capacity from criminal and civil liability due to the employee's
necessary viewing or transferring of child pornography;
▸ removes child pornography from the definition of "record" in the Government
Records Access and Management Act;
▸ clarifies the requirement for school personnel to report child abuse or neglect,
including educational neglect, to the Division of Child and Family Services;
▸ makes requirements for how a court, the division, and law enforcement respond
when a child who is in the custody of the division is missing, has been abducted, or
has run away; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
26-36a-103
, as last amended by Laws of Utah 2013, Chapter 32
26-36b-103
, as enacted by Laws of Utah 2016, Chapter 279
53E-9-308
, as renumbered and amended by Laws of Utah 2018, Chapter 1
53G-6-202
, as renumbered and amended by Laws of Utah 2018, Chapter 3
62A-4a-206
, as last amended by Laws of Utah 2012, Chapter 214
62A-4a-209
, as last amended by Laws of Utah 2017, Chapter 181
63G-2-103
, as last amended by Laws of Utah 2017, Chapters 196 and 441
63G-2-305
, as last amended by Laws of Utah 2017, Chapters 374, 382, and 415
76-5b-201
, as last amended by Laws of Utah 2016, Chapter 116
77-7a-104
, as last amended by Laws of Utah 2017, Chapter 415
78A-6-105
, as last amended by Laws of Utah 2017, Chapters 181, 330, and 401
78A-6-106
, as renumbered and amended by Laws of Utah 2008, Chapter 3
78A-6-113
 (Superseded 07/01/18)
, as last amended by Laws of Utah 2010, Chapter 38
78A-6-113
 (Effective 07/01/18)
, as last amended by Laws of Utah 2017, Chapter 330
78A-6-117
 (Superseded 07/01/18)
, as last amended by Laws of Utah 2016, Chapter
418
78A-6-117
 (Effective 07/01/18)
, as last amended by Laws of Utah 2017, Chapter 330
78A-6-307
, as last amended by Laws of Utah 2015, Chapter 142
78A-6-318
, as last amended by Laws of Utah 2008, Chapter 17 and renumbered and
amended by Laws of Utah 2008, Chapter 3
ENACTS:
53G-9-209
, Utah Code Annotated 1953
62A-1-121
, Utah Code Annotated 1953
62A-4a-206.5
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
26-36a-103
 is amended to read:
26-36a-103.
Definitions.
As used in this chapter:
(1) "Accountable care organization" means a managed care organization, as defined in
42 C.F.R. Sec. 438, that contracts with the department under the provisions of Section
26-18-405
.
(2) "Assessment" means the Medicaid hospital provider assessment established by this
chapter.
(3) "Discharges" means the number of total hospital discharges reported on worksheet
S-3 Part I, column 15, lines 12, 14, and 14.01 of the 2552-96 Medicare Cost Report or on
Worksheet S-3 Part I, column 15, lines 14, 16, and 17 of the 2552-10 Medicare Cost Report for
the applicable assessment year.
(4) "Division" means the Division of Health Care Financing of the department.
(5) "Hospital":
(a) means a privately owned:
(i) general acute hospital operating in the state as defined in Section 
26-21-2
; and
(ii) specialty hospital operating in the state, which shall include a privately owned
hospital whose inpatient admissions are predominantly:
(A) rehabilitation;
(B) psychiatric;
(C) chemical dependency; or
(D) long-term acute care services; and
(b) does not include:
(i) a [
residential care or treatment facility
] 
human services program
 as defined in
Section 
62A-2-101
;
(ii) a hospital owned by the federal government, including the Veterans Administration
Hospital; or
(iii) a hospital that is owned by the state government, a state agency, or a political
subdivision of the state, including:
(A) a state-owned teaching hospital; and
(B) the Utah State Hospital.
(6) "Medicare cost report" means CMS-2552-96 or CMS-2552-10, the cost report for
electronic filing of hospitals.
(7) "State plan amendment" means a change or update to the state Medicaid plan.
Section 2. Section 
26-36b-103
 is amended to read:
26-36b-103.
Definitions.
As used in this chapter:
(1) "Assessment" means the inpatient hospital assessment established by this chapter.
(2) "CMS" means the same as that term is defined in Section 
26-18-411
.
(3) "Discharges" means the number of total hospital discharges reported on:
(a) Worksheet S-3 Part I, column 15, lines 14, 16, and 17 of the 2552-10 Medicare cost
report for the applicable assessment year; or
(b) a similar report adopted by the department by administrative rule, if the report
under Subsection (3)(a) is no longer available.
(4) "Division" means the Division of Health Care Financing within the department.
(5) "Medicare cost report" means CMS-2552-10, the cost report for electronic filing of
hospitals.
(6) "Non-state government hospital":
(a) means a hospital owned by a non-state government entity; and
(b) does not include:
(i) the Utah State Hospital; or
(ii) a hospital owned by the federal government, including the Veterans Administration
Hospital.
(7) "Private hospital":
(a) means:
(i) a privately owned general acute hospital operating in the state as defined in Section
26-21-2
; and
(ii) a privately owned specialty hospital operating in the state, which shall include a
privately owned hospital whose inpatient admissions are predominantly:
(A) rehabilitation;
(B) psychiatric;
(C) chemical dependency; or
(D) long-term acute care services; and
(b) does not include a [
residential care or treatment facility
] 
recovery residence or a
human services program
 as defined in Section 
62A-2-101
.
(8) "State teaching hospital" means a state owned teaching hospital that is part of an
institution of higher education.
Section 3. Section 
53E-9-308
 is amended to read:
53E-9-308.
Sharing student data -- Prohibition -- Requirements for student data
manager.
(1) An education entity shall comply with this section beginning with the 2017-18
school year.
(2) An education entity may not share a student's personally identifiable student data if
the personally identifiable student data is not shared in accordance with:
(a) the Family Education Rights and Privacy Act and related provisions under 20
U.S.C. Secs. 1232g and 1232h; and
(b) this part.
(3) A student data manager shall:
(a) authorize and manage the sharing, outside of the education entity, of personally
identifiable student data from a cumulative record for the education entity as described in this
section; and
(b) act as the primary local point of contact for the state student data officer described
in Section 
53E-9-302
.
(4) (a) Except as provided in this section or required by federal law, a student data
manager may not share, outside of the education entity, personally identifiable student data
from a cumulative record without a data authorization.
(b) A student data manager may share the personally identifiable student data of a
student with the student and the student's parent.
(5) A student data manager may share a student's personally identifiable student data
from a cumulative record with:
(a) a school official;
(b) as described in Subsection (6), an authorized caseworker or other representative of
the Department of Human Services; or
(c) a person to whom the student data manager's education entity has outsourced a
service or function:
(i) to research the effectiveness of a program's implementation; or
(ii) that the education entity's employees would typically perform.
(6) A student data manager may share a student's personally identifiable student data
from a cumulative record with a caseworker or representative of the Department of Human
Services if:
(a) the Department of Human Services is:
(i) legally responsible for the care and protection of the student
, including the
responsibility to investigate a report of educational neglect, as provided in Subsection
62A-4a-409
(5)
; or
(ii) providing services to the student;
(b) the student's personally identifiable student data is not shared with a person who is
not authorized:
(i) to address the student's education needs; or
(ii) by the Department of Human Services to receive the student's personally
identifiable student data; and
(c) the Department of Human Services maintains and protects the student's personally
identifiable student data.
(7) The Department of Human Services, a school official, or the Utah Juvenile Court
may share education information, including a student's personally identifiable student data, to
improve education outcomes for youth:
(a) in the custody of, or under the guardianship of, the Department of Human Services;
(b) receiving services from the Division of Juvenile Justice Services;
(c) in the custody of the Division of Child and Family Services;
(d) receiving services from the Division of Services for People with Disabilities; or
(e) under the jurisdiction of the Utah Juvenile Court.
(8) Subject to Subsection (9), a student data manager may share aggregate data.
(9) (a) If a student data manager receives a request to share data for the purpose of
external research or evaluation, the student data manager shall:
(i) submit the request to the education entity's external research review process; and
(ii) fulfill the instructions that result from the review process.
(b) A student data manager may not share personally identifiable student data for the
purpose of external research or evaluation.
(10) (a) A student data manager may share personally identifiable student data in
response to a subpoena issued by a court.
(b) A person who receives personally identifiable student data under Subsection (10)(a)
may not use the personally identifiable student data outside of the use described in the
subpoena.
(11) (a) In accordance with board rule, a student data manager may share personally
identifiable information that is directory information.
(b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
board shall make rules to:
(i) define directory information; and
(ii) determine how a student data manager may share personally identifiable
information that is directory information.
Section 4. Section 
53G-6-202
 is amended to read:
53G-6-202.
Compulsory education.
(1) For purposes of this section:
(a) "Intentionally" is as defined in Section 
76-2-103
.
(b) "Recklessly" is as defined in Section 
76-2-103
.
(c) "Remainder of the school year" means the portion of the school year beginning on
the day after the day on which the notice of compulsory education violation described in
Subsection (3) is served and ending on the last day of the school year.
(d) "School-age child" means a school-age minor under the age of 14.
(2) Except as provided in Section 
53G-6-204
 or 
53G-6-702
, the parent of a school-age
minor shall enroll and send the school-age minor to a public or regularly established private
school.
(3) A school administrator, a designee of a school administrator, a law enforcement
officer acting as a school resource officer, or a truancy specialist may issue a notice of
compulsory education violation to a parent of a school-age child if the school-age child is
absent without a valid excuse at least five times during the school year.
(4) The notice of compulsory education violation, described in Subsection (3):
(a) shall direct the parent of the school-age child to:
(i) meet with school authorities to discuss the school-age child's school attendance
problems; and
(ii) cooperate with the school board, local charter board, or school district in securing
regular attendance by the school-age child;
(b) shall designate the school authorities with whom the parent is required to meet;
(c) shall state that it is a class B misdemeanor for the parent of the school-age child to
intentionally or recklessly:
(i) fail to meet with the designated school authorities to discuss the school-age child's
school attendance problems; or
(ii) fail to prevent the school-age child from being absent without a valid excuse five or
more times during the remainder of the school year;
(d) shall be served on the school-age child's parent by personal service or certified
mail; and
(e) may not be issued unless the school-age child has been truant at least five times
during the school year.
(5) It is a class B misdemeanor for a parent of a school-age minor to intentionally or
recklessly fail to enroll the school-age minor in school, unless the school-age minor is exempt
from enrollment under Section 
53G-6-204
 or 
53G-6-702
.
(6) It is a class B misdemeanor for a parent of a school-age child to, after being served
with a notice of compulsory education violation in accordance with Subsections (3) and (4),
intentionally or recklessly:
(a) fail to meet with the school authorities designated in the notice of compulsory
education violation to discuss the school-age child's school attendance problems; or
(b) fail to prevent the school-age child from being absent without a valid excuse five or
more times during the remainder of the school year.
(7) A local school board, local charter board, or school district shall report violations of
this section to the appropriate county or district attorney.
(8) If school personnel have reason to believe that, after a notice of compulsory
education violation is issued, the parent or guardian has failed to make a good faith effort to
ensure that the child receives an appropriate education, the issuer of the compulsory education
violation shall report to the Division of Child and Family Services:
(a) identifying information of the child and the child's parent or guardian who received
the notice of compulsory education violation;
(b) information regarding the longest number of consecutive school days the
school-age minor has been absent from school and the percentage of school days the child has
been absent during each relevant school term;
(c) whether the child has made adequate educational progress;
(d) whether the requirements of Section 
53G-6-206
 have been met;
(e) whether the child is two or more years behind the local public school's age group
expectations in one or more basic skills; and
(f) whether the child is receiving special education services or systematic remediation
efforts.
Section 5. Section 
53G-9-209
 is enacted to read:
 53G-9-209.
Child abuse or neglect reporting requirement.
(1) As used in this section:
(a) "Educational neglect" means the same as that term is defined in Section 
78A-6-105
.
(b) "School personnel" means the same as that term is defined in Section 
53G-9-203
.
(2) School personnel shall comply with the child abuse and neglect reporting
requirements described in Section 
62A-4a-403
.
(3) When school personnel have reason to believe that a child may be subject to
educational neglect, school personnel shall submit the report described in Subsection
53G-6-202
(8) to the Division of Child and Family Services.
(4) When school personnel have reason to believe that a child is subject to both
educational neglect and another form of neglect or abuse, school personnel may not wait to
report the other form of neglect or abuse pending preparation of a report regarding educational
neglect.
(5) School personnel shall cooperate with the Division of Child and Family Services
and share all information with the division that is relevant to the division's investigation of an
allegation of abuse or neglect.
Section 6. Section 
62A-1-121
 is enacted to read:
 62A-1-121.
Child pornography.
(1) "Child pornography" means the same as that term is defined in Section 
76-5b-103
.
(2) The department or a division within the department may not retain child
pornography longer than is necessary to comply with the requirements of this section.
(3) When the department or a division within the department obtains child
pornography as a result of an employee unlawfully viewing child pornography, the department
or division shall consult with and follow the guidance of the Department of Human Resource
Management and local law enforcement regarding retention of the child pornography.
(4) When the department or a division within the department obtains child
pornography as a result of a report or an investigation, the department or division shall:
(a) document a written description of the child pornography in the appropriate case file;
and
(b) securely transfer the child pornography to the law enforcement office that has
jurisdiction over the area where the division's case is located.
(5) When the department or a division within the department transfers child
pornography to law enforcement, the law enforcement office shall:
(a) seize and retain the child pornography as evidence, in accordance with Section
24-2-103
;
(b) prohibit the distribution, release, or display of the child pornography, except to the
following:
(i) an individual to whom a court has granted access by court order, as described in
Subsection (6);
(ii) a department or division investigator, a supervisor of a department, or division
investigator or an investigator authorized under Section 
62A-4a-202.6
, if necessary for the
investigation;
(iii) an administrative law judge employed by the Department of Human Services, if
necessary for an adjudication;
(iv) an office of the city attorney, county attorney, district attorney, or attorney general,
if necessary for prosecution;
(v) a law enforcement agency, if necessary for an investigation; or
(vi) the guardian ad litem for the child who is the subject of the child pornography; and
(c) when the department determines that the child pornography no longer needs to be
held as evidence, dispose of the child pornography under Subsection 
24-3-103
(6)(a)(iii).
(6) A court order described in Subsection (5)(b)(i):
(a) shall describe with particularity the individual to whom the child pornography may
be released; and
(b) may impose reasonable restrictions on access to the child pornography to protect
the privacy of the child victim.
Section 7. Section 
62A-4a-206
 is amended to read:
62A-4a-206.
Process for removal of a child from foster family -- Procedural due
process.
(1) (a) The Legislature finds that, except with regard to a child's natural parent or legal
guardian, a foster family has a very limited but recognized interest in its familial relationship
with a foster child who has been in the care and custody of that family. In making
determinations regarding removal of a child from a foster home, the division may not dismiss
the foster family as a mere collection of unrelated individuals.
(b) The Legislature finds that children in the temporary custody and custody of the
division are experiencing multiple changes in foster care placements with little or no
documentation, and that numerous studies of child growth and development emphasize the
importance of stability in foster care living arrangements.
(c) For the reasons described in Subsections (1)(a) and (b), the division shall provide
procedural due process for a foster family prior to removal of a foster child from their home,
regardless of the length of time the child has been in that home, unless removal is for the
purpose of:
(i) returning the child to the child's natural parent or legal guardian;
(ii) immediately placing the child in an approved adoptive home;
(iii) placing the child with a relative, as defined in Subsection 
78A-6-307
(1)[
(c)
], who
obtained custody or asserted an interest in the child within the preference period described in
Subsection 
78A-6-307
(18)(a); or
(iv) placing an Indian child in accordance with preplacement preferences and other
requirements described in the Indian Child Welfare Act, 25 U.S.C. Sec. 1915.
(2) (a) The division shall maintain and utilize due process procedures for removal of a
foster child from a foster home, in accordance with the procedures and requirements of Title
63G, Chapter 4, Administrative Procedures Act.
(b) Those procedures shall include requirements for:
(i) personal communication with, and a written explanation of the reasons for the
removal to, the foster parents prior to removal of the child; and
(ii) an opportunity for foster parents to present their information and concerns to the
division and to:
(A) request a review, to be held before removal of the child, by a third party neutral
fact finder; or
(B) if the child has been placed with the foster parents for a period of at least two years,
request a review, to be held before removal of the child, by:
(I) the juvenile court judge currently assigned to the child's case; or
(II) if the juvenile court judge currently assigned to the child's case is not available,
another juvenile court judge.
(c) If the division determines that there is a reasonable basis to believe that the child is
in danger or that there is a substantial threat of danger to the health or welfare of the child, it
shall place the child in emergency foster care during the pendency of the procedures described
in this subsection, instead of making another foster care placement.
(3) If the division removes a child from a foster home based upon the child's statement
alone, the division shall initiate and expedite the processes described in Subsection (2). The
division may take no formal action with regard to that foster parent's license until after those
processes, in addition to any other procedure or hearing required by law, have been completed.
(4) When a complaint is made to the division by a foster child against a foster parent,
the division shall, within 30 business days, provide the foster parent with information regarding
the specific nature of the complaint, the time and place of the alleged incident, and who was
alleged to have been involved.
(5) Whenever the division places a child in a foster home, it shall provide the foster
parents with:
(a) notification of the requirements of this section;
(b) a written description of the procedures enacted by the division pursuant to
Subsection (2) and how to access those processes; and
(c) written notification of the foster parents' ability to petition the juvenile court
directly for review of a decision to remove a foster child who has been in their custody for 12
months or longer, in accordance with the limitations and requirements of Section 
78A-6-318
.
(6) The requirements of this section do not apply to the removal of a child based on a
foster parent's request for that removal.
(7) It is unlawful for a person, with the intent to avoid compliance with the
requirements of this section, to:
(a) take action, or encourage another to take action, against the license of a foster
parent; or
(b) remove a child from a foster home before the child has been placed with the foster
parents for two years.
(8) The division may not remove a foster child from a foster parent who is a relative, as
defined in Subsection 
78A-6-307
(1)[
(c)
], of the child on the basis of the age or health of the
foster parent without determining by:
(a) clear and convincing evidence that the foster parent is incapable of caring for the
foster child, if the alternative foster parent would not be another relative of the child; or
(b) a preponderance of the evidence that the foster parent is incapable of caring for the
foster child, if the alternative foster parent would be another relative of the child.
Section 8. Section 
62A-4a-206.5
 is enacted to read:
 62A-4a-206.5.
Child missing from state custody.
(1) When the division receives information that a child in the custody of the division is
missing, has been abducted, or has run away, the division shall:
(a) within 24 hours after the time when the division has reason to believe that the
information is accurate, notify the National Center for Missing and Exploited Children; and
(b) pursue a warrant under Subsection 
78A-6-106
(6).
(2) When the division locates a child described in Subsection (1), the division shall:
(a) determine the primary factors that caused or contributed to the child's absence from
care;
(b) determine the child's experiences while absent from care, including screening the
child to determine if the child is a sex trafficking victim;
(c) to the extent possible, select a placement for the child that accommodates the
child's needs and takes into consideration the factors and experiences described in Subsections
(2)(a) and (b); and
(d) follow the requirements in Section 
78A-6-307.5
 for determining an ongoing
placement of the child.
Section 9. Section 
62A-4a-209
 is amended to read:
62A-4a-209.
Emergency placement.
(1) As used in this section:
(a) "Friend" means the same as that term is defined in Subsection 
78A-6-307
(1)[
(a)
].
(b) "Nonrelative" means an individual, other than a noncustodial parent or a relative.
(c) "Relative" means the same as that term is defined in Subsection 
78A-6-307
(1)[
(c)
].
(2) The division may use an emergency placement under Subsection
62A-4a-202.1
(4)(b)(ii) when:
(a) the case worker has made the determination that:
(i) the child's home is unsafe;
(ii) removal is necessary under the provisions of Section 
62A-4a-202.1
; and
(iii) the child's custodial parent or guardian will agree to not remove the child from the
home of the person that serves as the placement and not have any contact with the child until
after the shelter hearing required by Section 
78A-6-306
;
(b) a person, with preference being given in accordance with Subsection (4), can be
identified who has the ability and is willing to provide care for the child who would otherwise
be placed in shelter care, including:
(i) taking the child to medical, mental health, dental, and educational appointments at
the request of the division; and
(ii) making the child available to division services and the guardian ad litem; and
(c) the person described in Subsection (2)(b) agrees to care for the child on an
emergency basis under the following conditions:
(i) the person meets the criteria for an emergency placement under Subsection (3);
(ii) the person agrees to not allow the custodial parent or guardian to have any contact
with the child until after the shelter hearing unless authorized by the division in writing;
(iii) the person agrees to contact law enforcement and the division if the custodial
parent or guardian attempts to make unauthorized contact with the child;
(iv) the person agrees to allow the division and the child's guardian ad litem to have
access to the child;
(v) the person has been informed and understands that the division may continue to
search for other possible placements for long-term care, if needed;
(vi) the person is willing to assist the custodial parent or guardian in reunification
efforts at the request of the division, and to follow all court orders; and
(vii) the child is comfortable with the person.
(3) Except as otherwise provided in Subsection (5), before the division places a child
in an emergency placement, the division:
(a) may request the name of a reference and may contact the reference to determine the
answer to the following questions:
(i) would the person identified as a reference place a child in the home of the
emergency placement; and
(ii) are there any other relatives or friends to consider as a possible emergency or
long-term placement for the child;
(b) shall have the custodial parent or guardian sign an emergency placement agreement
form during the investigation;
(c) (i) if the emergency placement will be with a relative of the child, shall comply with
the background check provisions described in Subsection (7); or
(ii) if the emergency placement will be with a person other than a noncustodial parent
or a relative, shall comply with the background check provisions described in Subsection (8)
for adults living in the household where the child will be placed;
(d) shall complete a limited home inspection of the home where the emergency
placement is made; and
(e) shall have the emergency placement approved by a family service specialist.
(4) (a) The following order of preference shall be applied when determining the person
with whom a child will be placed in an emergency placement described in this section,
provided that the person is willing, and has the ability, to care for the child:
(i) a noncustodial parent of the child in accordance with Section 
78A-6-307
;
(ii) a relative of the child;
(iii) subject to Subsection (4)(b), a friend designated by the custodial parent or
guardian of the child; and
(iv) a shelter facility, former foster placement, or other foster placement designated by
the division.
(b) Unless the division agrees otherwise, the custodial parent or guardian described in
Subsection (4)(a)(iii) may designate up to two friends as a potential emergency placement.
(5) (a) The division may, pending the outcome of the investigation described in
Subsections (5)(b) and (c), place a child in emergency placement with the child's noncustodial
parent if, based on a limited investigation, prior to making the emergency placement, the
division:
(i) determines that the noncustodial parent has regular, unsupervised visitation with the
child that is not prohibited by law or court order;
(ii) determines that there is not reason to believe that the child's health or safety will be
endangered during the emergency placement; and
(iii) has the custodial parent or guardian sign an emergency placement agreement.
(b) Either before or after making an emergency placement with the noncustodial parent
of the child, the division may conduct the investigation described in Subsection (3)(a) in
relation to the noncustodial parent.
(c) Before, or within one day, excluding weekends and holidays, after a child is placed
in an emergency placement with the noncustodial parent of the child, the division shall conduct
a limited:
(i) background check of the noncustodial parent, pursuant to Subsection (7); and
(ii) inspection of the home where the emergency placement is made.
(6) After an emergency placement, the division caseworker must:
(a) respond to the emergency placement's calls within one hour if the custodial parents
or guardians attempt to make unauthorized contact with the child or attempt to remove the
child;
(b) complete all removal paperwork, including the notice provided to the custodial
parents and guardians under Section 
78A-6-306
;
(c) contact the attorney general to schedule a shelter hearing;
(d) complete the placement procedures required in Section 
78A-6-307
; and
(e) continue to search for other relatives as a possible long-term placement, if needed.
(7) (a) The background check described in Subsection (3)(c)(i) shall include
completion of:
(i) a name-based, Utah Bureau of Criminal Identification background check; and
(ii) a search of the Management Information System described in Section
62A-4a-1003
.
(b) The division shall determine whether a person passes the background check
described in this Subsection (7) pursuant to the provisions of Subsection 
62A-2-120
(14).
(c) Notwithstanding Subsection (7)(b), the division may not place a child with an
individual who is prohibited by court order from having access to that child.
(8) (a) The background check described in Subsection (3)(c)(ii) shall include
completion of:
(i) a name-based, Utah Bureau of Criminal Identification background check;
(ii) a federal name-based criminal background check; and
(iii) a search of the Management Information System described in Section
62A-4a-1003
.
(b) The division shall determine whether a person passes the background checks
described in this Subsection (8) pursuant to the provisions of Subsection 
62A-2-120
.
(c) If the division denies placement of a child as a result of a name-based criminal
background check described in Subsection (8)(a), and the person contests that denial, the
person shall submit a complete set of fingerprints with written permission to the Utah Bureau
of Criminal Identification for submission to the Federal Bureau of Investigation for a
fingerprint-based criminal background check.
(d) (i) Within 15 calendar days of the name-based background checks, the division
shall require a person to provide a complete set of fingerprints with written permission to the
Utah Bureau of Criminal Identification for submission to the Federal Bureau of Investigation
for a fingerprint-based criminal background check.
(ii) If a person fails to provide the fingerprints and written permission described in
Subsection (8)(d)(i), the child shall immediately be removed from the home.
Section 10. Section 
63G-2-103
 is amended to read:
63G-2-103.
Definitions.
As used in this chapter:
(1) "Audit" means:
(a) a systematic examination of financial, management, program, and related records
for the purpose of determining the fair presentation of financial statements, adequacy of
internal controls, or compliance with laws and regulations; or
(b) a systematic examination of program procedures and operations for the purpose of
determining their effectiveness, economy, efficiency, and compliance with statutes and
regulations.
(2) "Chronological logs" mean the regular and customary summary records of law
enforcement agencies and other public safety agencies that show:
(a) the time and general nature of police, fire, and paramedic calls made to the agency;
and
(b) any arrests or jail bookings made by the agency.
(3) "Classification," "classify," and their derivative forms mean determining whether a
record series, record, or information within a record is public, private, controlled, protected, or
exempt from disclosure under Subsection 
63G-2-201
(3)(b).
(4) (a) "Computer program" means:
(i) a series of instructions or statements that permit the functioning of a computer
system in a manner designed to provide storage, retrieval, and manipulation of data from the
computer system; and
(ii) any associated documentation and source material that explain how to operate the
computer program.
(b) "Computer program" does not mean:
(i) the original data, including numbers, text, voice, graphics, and images;
(ii) analysis, compilation, and other manipulated forms of the original data produced by
use of the program; or
(iii) the mathematical or statistical formulas, excluding the underlying mathematical
algorithms contained in the program, that would be used if the manipulated forms of the
original data were to be produced manually.
(5) (a) "Contractor" means:
(i) any person who contracts with a governmental entity to provide goods or services
directly to a governmental entity; or
(ii) any private, nonprofit organization that receives funds from a governmental entity.
(b) "Contractor" does not mean a private provider.
(6) "Controlled record" means a record containing data on individuals that is controlled
as provided by Section 
63G-2-304
.
(7) "Designation," "designate," and their derivative forms mean indicating, based on a
governmental entity's familiarity with a record series or based on a governmental entity's
review of a reasonable sample of a record series, the primary classification that a majority of
records in a record series would be given if classified and the classification that other records
typically present in the record series would be given if classified.
(8) "Elected official" means each person elected to a state office, county office,
municipal office, school board or school district office, local district office, or special service
district office, but does not include judges.
(9) "Explosive" means a chemical compound, device, or mixture:
(a) commonly used or intended for the purpose of producing an explosion; and
(b) that contains oxidizing or combustive units or other ingredients in proportions,
quantities, or packing so that:
(i) an ignition by fire, friction, concussion, percussion, or detonator of any part of the
compound or mixture may cause a sudden generation of highly heated gases; and
(ii) the resultant gaseous pressures are capable of:
(A) producing destructive effects on contiguous objects; or
(B) causing death or serious bodily injury.
(10) "Government audit agency" means any governmental entity that conducts an audit.
(11) (a) "Governmental entity" means:
(i) executive department agencies of the state, the offices of the governor, lieutenant
governor, state auditor, attorney general, and state treasurer, the Board of Pardons and Parole,
the Board of Examiners, the National Guard, the Career Service Review Office, the State
Board of Education, the State Board of Regents, and the State Archives;
(ii) the Office of the Legislative Auditor General, Office of the Legislative Fiscal
Analyst, Office of Legislative Research and General Counsel, the Legislature, and legislative
committees, except any political party, group, caucus, or rules or sifting committee of the
Legislature;
(iii) courts, the Judicial Council, the Office of the Court Administrator, and similar
administrative units in the judicial branch;
(iv) any state-funded institution of higher education or public education; or
(v) any political subdivision of the state, but, if a political subdivision has adopted an
ordinance or a policy relating to information practices pursuant to Section 
63G-2-701
, this
chapter shall apply to the political subdivision to the extent specified in Section 
63G-2-701
 or
as specified in any other section of this chapter that specifically refers to political subdivisions.
(b) "Governmental entity" also means:
(i) every office, agency, board, bureau, committee, department, advisory board, or
commission of an entity listed in Subsection (11)(a) that is funded or established by the
government to carry out the public's business;
(ii) as defined in Section 
11-13-103
, an interlocal entity or joint or cooperative
undertaking;
(iii) as defined in Section 
11-13a-102
, a governmental nonprofit corporation; and
(iv) an association as defined in Section 
53A-1-1601
.
(c) "Governmental entity" does not include the Utah Educational Savings Plan created
in Section 
53B-8a-103
.
(12) "Gross compensation" means every form of remuneration payable for a given
period to an individual for services provided including salaries, commissions, vacation pay,
severance pay, bonuses, and any board, rent, housing, lodging, payments in kind, and any
similar benefit received from the individual's employer.
(13) "Individual" means a human being.
(14) (a) "Initial contact report" means an initial written or recorded report, however
titled, prepared by peace officers engaged in public patrol or response duties describing official
actions initially taken in response to either a public complaint about or the discovery of an
apparent violation of law, which report may describe:
(i) the date, time, location, and nature of the complaint, the incident, or offense;
(ii) names of victims;
(iii) the nature or general scope of the agency's initial actions taken in response to the
incident;
(iv) the general nature of any injuries or estimate of damages sustained in the incident;
(v) the name, address, and other identifying information about any person arrested or
charged in connection with the incident; or
(vi) the identity of the public safety personnel, except undercover personnel, or
prosecuting attorney involved in responding to the initial incident.
(b) Initial contact reports do not include follow-up or investigative reports prepared
after the initial contact report. However, if the information specified in Subsection (14)(a)
appears in follow-up or investigative reports, it may only be treated confidentially if it is
private, controlled, protected, or exempt from disclosure under Subsection 
63G-2-201
(3)(b).
(15) "Legislative body" means the Legislature.
(16) "Notice of compliance" means a statement confirming that a governmental entity
has complied with a records committee order.
(17) "Person" means:
(a) an individual;
(b) a nonprofit or profit corporation;
(c) a partnership;
(d) a sole proprietorship;
(e) other type of business organization; or
(f) any combination acting in concert with one another.
(18) "Private provider" means any person who contracts with a governmental entity to
provide services directly to the public.
(19) "Private record" means a record containing data on individuals that is private as
provided by Section 
63G-2-302
.
(20) "Protected record" means a record that is classified protected as provided by
Section 
63G-2-305
.
(21) "Public record" means a record that is not private, controlled, or protected and that
is not exempt from disclosure as provided in Subsection 
63G-2-201
(3)(b).
(22) (a) "Record" means a book, letter, document, paper, map, plan, photograph, film,
card, tape, recording, electronic data, or other documentary material regardless of physical form
or characteristics:
(i) that is prepared, owned, received, or retained by a governmental entity or political
subdivision; and
(ii) where all of the information in the original is reproducible by photocopy or other
mechanical or electronic means.
(b) "Record" does not mean:
(i) a personal note or personal communication prepared or received by an employee or
officer of a governmental entity:
(A) in a capacity other than the employee's or officer's governmental capacity; or
(B) that is unrelated to the conduct of the public's business;
(ii) a temporary draft or similar material prepared for the originator's personal use or
prepared by the originator for the personal use of an individual for whom the originator is
working;
(iii) material that is legally owned by an individual in the individual's private capacity;
(iv) material to which access is limited by the laws of copyright or patent unless the
copyright or patent is owned by a governmental entity or political subdivision;
(v) proprietary software;
(vi) junk mail or a commercial publication received by a governmental entity or an
official or employee of a governmental entity;
(vii) a book that is cataloged, indexed, or inventoried and contained in the collections
of a library open to the public;
(viii) material that is cataloged, indexed, or inventoried and contained in the collections
of a library open to the public, regardless of physical form or characteristics of the material;
(ix) a daily calendar or other personal note prepared by the originator for the
originator's personal use or for the personal use of an individual for whom the originator is
working;
(x) a computer program that is developed or purchased by or for any governmental
entity for its own use;
(xi) a note or internal memorandum prepared as part of the deliberative process by:
(A) a member of the judiciary;
(B) an administrative law judge;
(C) a member of the Board of Pardons and Parole; or
(D) a member of any other body, other than an association or appeals panel as defined
in Section 
53A-1-1601
, charged by law with performing a quasi-judicial function;
(xii) a telephone number or similar code used to access a mobile communication
device that is used by an employee or officer of a governmental entity, provided that the
employee or officer of the governmental entity has designated at least one business telephone
number that is a public record as provided in Section 
63G-2-301
;
(xiii) information provided by the Public Employees' Benefit and Insurance Program,
created in Section 
49-20-103
, to a county to enable the county to calculate the amount to be
paid to a health care provider under Subsection 
17-50-319
(2)(e)(ii);
(xiv) information that an owner of unimproved property provides to a local entity as
provided in Section 
11-42-205
; [
or
]
(xv) a video or audio recording of an interview, or a transcript of the video or audio
recording, that is conducted at a Children's Justice Center established under Section
67-5b-102
[
.
]
; or
(xvi) child pornography, as defined by Section 
76-5b-103
.
(23) "Record series" means a group of records that may be treated as a unit for
purposes of designation, description, management, or disposition.
(24) "Records committee" means the State Records Committee created in Section
63G-2-501
.
(25) "Records officer" means the individual appointed by the chief administrative
officer of each governmental entity, or the political subdivision to work with state archives in
the care, maintenance, scheduling, designation, classification, disposal, and preservation of
records.
(26) "Schedule," "scheduling," and their derivative forms mean the process of
specifying the length of time each record series should be retained by a governmental entity for
administrative, legal, fiscal, or historical purposes and when each record series should be
transferred to the state archives or destroyed.
(27) "Sponsored research" means research, training, and other sponsored activities as
defined by the federal Executive Office of the President, Office of Management and Budget:
(a) conducted:
(i) by an institution within the state system of higher education defined in Section
53B-1-102
; and
(ii) through an office responsible for sponsored projects or programs; and
(b) funded or otherwise supported by an external:
(i) person that is not created or controlled by the institution within the state system of
higher education; or
(ii) federal, state, or local governmental entity.
(28) "State archives" means the Division of Archives and Records Service created in
Section 
63A-12-101
.
(29) "State archivist" means the director of the state archives.
(30) "Summary data" means statistical records and compilations that contain data
derived from private, controlled, or protected information but that do not disclose private,
controlled, or protected information.
Section 11. Section 
63G-2-305
 is amended to read:
63G-2-305.
Protected records.
The following records are protected if properly classified by a governmental entity:
(1) trade secrets as defined in Section 
13-24-2
 if the person submitting the trade secret
has provided the governmental entity with the information specified in Section 
63G-2-309
;
(2) commercial information or nonindividual financial information obtained from a
person if:
(a) disclosure of the information could reasonably be expected to result in unfair
competitive injury to the person submitting the information or would impair the ability of the
governmental entity to obtain necessary information in the future;
(b) the person submitting the information has a greater interest in prohibiting access
than the public in obtaining access; and
(c) the person submitting the information has provided the governmental entity with
the information specified in Section 
63G-2-309
;
(3) commercial or financial information acquired or prepared by a governmental entity
to the extent that disclosure would lead to financial speculations in currencies, securities, or
commodities that will interfere with a planned transaction by the governmental entity or cause
substantial financial injury to the governmental entity or state economy;
(4) records, the disclosure of which could cause commercial injury to, or confer a
competitive advantage upon a potential or actual competitor of, a commercial project entity as
defined in Subsection 
11-13-103
(4);
(5) test questions and answers to be used in future license, certification, registration,
employment, or academic examinations;
(6) records, the disclosure of which would impair governmental procurement
proceedings or give an unfair advantage to any person proposing to enter into a contract or
agreement with a governmental entity, except, subject to Subsections (1) and (2), that this
Subsection (6) does not restrict the right of a person to have access to, after the contract or
grant has been awarded and signed by all parties, a bid, proposal, application, or other
information submitted to or by a governmental entity in response to:
(a) an invitation for bids;
(b) a request for proposals;
(c) a request for quotes;
(d) a grant; or
(e) other similar document;
(7) information submitted to or by a governmental entity in response to a request for
information, except, subject to Subsections (1) and (2), that this Subsection (7) does not restrict
the right of a person to have access to the information, after:
(a) a contract directly relating to the subject of the request for information has been
awarded and signed by all parties; or
(b) (i) a final determination is made not to enter into a contract that relates to the
subject of the request for information; and
(ii) at least two years have passed after the day on which the request for information is
issued;
(8) records that would identify real property or the appraisal or estimated value of real
or personal property, including intellectual property, under consideration for public acquisition
before any rights to the property are acquired unless:
(a) public interest in obtaining access to the information is greater than or equal to the
governmental entity's need to acquire the property on the best terms possible;
(b) the information has already been disclosed to persons not employed by or under a
duty of confidentiality to the entity;
(c) in the case of records that would identify property, potential sellers of the described
property have already learned of the governmental entity's plans to acquire the property;
(d) in the case of records that would identify the appraisal or estimated value of
property, the potential sellers have already learned of the governmental entity's estimated value
of the property; or
(e) the property under consideration for public acquisition is a single family residence
and the governmental entity seeking to acquire the property has initiated negotiations to acquire
the property as required under Section 
78B-6-505
;
(9) records prepared in contemplation of sale, exchange, lease, rental, or other
compensated transaction of real or personal property including intellectual property, which, if
disclosed prior to completion of the transaction, would reveal the appraisal or estimated value
of the subject property, unless:
(a) the public interest in access is greater than or equal to the interests in restricting
access, including the governmental entity's interest in maximizing the financial benefit of the
transaction; or
(b) when prepared by or on behalf of a governmental entity, appraisals or estimates of
the value of the subject property have already been disclosed to persons not employed by or
under a duty of confidentiality to the entity;
(10) records created or maintained for civil, criminal, or administrative enforcement
purposes or audit purposes, or for discipline, licensing, certification, or registration purposes, if
release of the records:
(a) reasonably could be expected to interfere with investigations undertaken for
enforcement, discipline, licensing, certification, or registration purposes;
(b) reasonably could be expected to interfere with audits, disciplinary, or enforcement
proceedings;
(c) would create a danger of depriving a person of a right to a fair trial or impartial
hearing;
(d) reasonably could be expected to disclose the identity of a source who is not
generally known outside of government and, in the case of a record compiled in the course of
an investigation, disclose information furnished by a source not generally known outside of
government if disclosure would compromise the source; or
(e) reasonably could be expected to disclose investigative or audit techniques,
procedures, policies, or orders not generally known outside of government if disclosure would
interfere with enforcement or audit efforts;
(11) records the disclosure of which would jeopardize the life or safety of an
individual;
(12) records the disclosure of which would jeopardize the security of governmental
property, governmental programs, or governmental recordkeeping systems from damage, theft,
or other appropriation or use contrary to law or public policy;
(13) records that, if disclosed, would jeopardize the security or safety of a correctional
facility, or records relating to incarceration, treatment, probation, or parole, that would interfere
with the control and supervision of an offender's incarceration, treatment, probation, or parole;
(14) records that, if disclosed, would reveal recommendations made to the Board of
Pardons and Parole by an employee of or contractor for the Department of Corrections, the
Board of Pardons and Parole, or the Department of Human Services that are based on the
employee's or contractor's supervision, diagnosis, or treatment of any person within the board's
jurisdiction;
(15) records and audit workpapers that identify audit, collection, and operational
procedures and methods used by the State Tax Commission, if disclosure would interfere with
audits or collections;
(16) records of a governmental audit agency relating to an ongoing or planned audit
until the final audit is released;
(17) records that are subject to the attorney client privilege;
(18) records prepared for or by an attorney, consultant, surety, indemnitor, insurer,
employee, or agent of a governmental entity for, or in anticipation of, litigation or a judicial,
quasi-judicial, or administrative proceeding;
(19) (a) (i) personal files of a state legislator, including personal correspondence to or
from a member of the Legislature; and
(ii) notwithstanding Subsection (19)(a)(i), correspondence that gives notice of
legislative action or policy may not be classified as protected under this section; and
(b) (i) an internal communication that is part of the deliberative process in connection
with the preparation of legislation between:
(A) members of a legislative body;
(B) a member of a legislative body and a member of the legislative body's staff; or
(C) members of a legislative body's staff; and
(ii) notwithstanding Subsection (19)(b)(i), a communication that gives notice of
legislative action or policy may not be classified as protected under this section;
(20) (a) records in the custody or control of the Office of Legislative Research and
General Counsel, that, if disclosed, would reveal a particular legislator's contemplated
legislation or contemplated course of action before the legislator has elected to support the
legislation or course of action, or made the legislation or course of action public; and
(b) notwithstanding Subsection (20)(a), the form to request legislation submitted to the
Office of Legislative Research and General Counsel is a public document unless a legislator
asks that the records requesting the legislation be maintained as protected records until such
time as the legislator elects to make the legislation or course of action public;
(21) research requests from legislators to the Office of Legislative Research and
General Counsel or the Office of the Legislative Fiscal Analyst and research findings prepared
in response to these requests;
(22) drafts, unless otherwise classified as public;
(23) records concerning a governmental entity's strategy about:
(a) collective bargaining; or
(b) imminent or pending litigation;
(24) records of investigations of loss occurrences and analyses of loss occurrences that
may be covered by the Risk Management Fund, the Employers' Reinsurance Fund, the
Uninsured Employers' Fund, or similar divisions in other governmental entities;
(25) records, other than personnel evaluations, that contain a personal recommendation
concerning an individual if disclosure would constitute a clearly unwarranted invasion of
personal privacy, or disclosure is not in the public interest;
(26) records that reveal the location of historic, prehistoric, paleontological, or
biological resources that if known would jeopardize the security of those resources or of
valuable historic, scientific, educational, or cultural information;
(27) records of independent state agencies if the disclosure of the records would
conflict with the fiduciary obligations of the agency;
(28) records of an institution within the state system of higher education defined in
Section 
53B-1-102
 regarding tenure evaluations, appointments, applications for admissions,
retention decisions, and promotions, which could be properly discussed in a meeting closed in
accordance with Title 52, Chapter 4, Open and Public Meetings Act, provided that records of
the final decisions about tenure, appointments, retention, promotions, or those students
admitted, may not be classified as protected under this section;
(29) records of the governor's office, including budget recommendations, legislative
proposals, and policy statements, that if disclosed would reveal the governor's contemplated
policies or contemplated courses of action before the governor has implemented or rejected
those policies or courses of action or made them public;
(30) records of the Office of the Legislative Fiscal Analyst relating to budget analysis,
revenue estimates, and fiscal notes of proposed legislation before issuance of the final
recommendations in these areas;
(31) records provided by the United States or by a government entity outside the state
that are given to the governmental entity with a requirement that they be managed as protected
records if the providing entity certifies that the record would not be subject to public disclosure
if retained by it;
(32) transcripts, minutes, or reports of the closed portion of a meeting of a public body
except as provided in Section 
52-4-206
;
(33) records that would reveal the contents of settlement negotiations but not including
final settlements or empirical data to the extent that they are not otherwise exempt from
disclosure;
(34) memoranda prepared by staff and used in the decision-making process by an
administrative law judge, a member of the Board of Pardons and Parole, or a member of any
other body charged by law with performing a quasi-judicial function;
(35) records that would reveal negotiations regarding assistance or incentives offered
by or requested from a governmental entity for the purpose of encouraging a person to expand
or locate a business in Utah, but only if disclosure would result in actual economic harm to the
person or place the governmental entity at a competitive disadvantage, but this section may not
be used to restrict access to a record evidencing a final contract;
(36) materials to which access must be limited for purposes of securing or maintaining
the governmental entity's proprietary protection of intellectual property rights including patents,
copyrights, and trade secrets;
(37) the name of a donor or a prospective donor to a governmental entity, including an
institution within the state system of higher education defined in Section 
53B-1-102
, and other
information concerning the donation that could reasonably be expected to reveal the identity of
the donor, provided that:
(a) the donor requests anonymity in writing;
(b) any terms, conditions, restrictions, or privileges relating to the donation may not be
classified protected by the governmental entity under this Subsection (37); and
(c) except for an institution within the state system of higher education defined in
Section 
53B-1-102
, the governmental unit to which the donation is made is primarily engaged
in educational, charitable, or artistic endeavors, and has no regulatory or legislative authority
over the donor, a member of the donor's immediate family, or any entity owned or controlled
by the donor or the donor's immediate family;
(38) accident reports, except as provided in Sections 
41-6a-404
, 
41-12a-202
, and
73-18-13
;
(39) a notification of workers' compensation insurance coverage described in Section
34A-2-205
;
(40) (a) the following records of an institution within the state system of higher
education defined in Section 
53B-1-102
, which have been developed, discovered, disclosed to,
or received by or on behalf of faculty, staff, employees, or students of the institution:
(i) unpublished lecture notes;
(ii) unpublished notes, data, and information:
(A) relating to research; and
(B) of:
(I) the institution within the state system of higher education defined in Section
53B-1-102
; or
(II) a sponsor of sponsored research;
(iii) unpublished manuscripts;
(iv) creative works in process;
(v) scholarly correspondence; and
(vi) confidential information contained in research proposals;
(b) Subsection (40)(a) may not be construed to prohibit disclosure of public
information required pursuant to Subsection 
53B-16-302
(2)(a) or (b); and
(c) Subsection (40)(a) may not be construed to affect the ownership of a record;
(41) (a) records in the custody or control of the Office of Legislative Auditor General
that would reveal the name of a particular legislator who requests a legislative audit prior to the
date that audit is completed and made public; and
(b) notwithstanding Subsection (41)(a), a request for a legislative audit submitted to the
Office of the Legislative Auditor General is a public document unless the legislator asks that
the records in the custody or control of the Office of Legislative Auditor General that would
reveal the name of a particular legislator who requests a legislative audit be maintained as
protected records until the audit is completed and made public;
(42) records that provide detail as to the location of an explosive, including a map or
other document that indicates the location of:
(a) a production facility; or
(b) a magazine;
(43) information:
(a) contained in the statewide database of the Division of Aging and Adult Services
created by Section 
62A-3-311.1
; or
(b) received or maintained in relation to the Identity Theft Reporting Information
System (IRIS) established under Section 
67-5-22
;
(44) information contained in the Management Information System and Licensing
Information System described in Title 62A, Chapter 4a, Child and Family Services;
(45) information regarding National Guard operations or activities in support of the
National Guard's federal mission;
(46) records provided by any pawn or secondhand business to a law enforcement
agency or to the central database in compliance with Title 13, Chapter 32a, Pawnshop and
Secondhand Merchandise Transaction Information Act;
(47) information regarding food security, risk, and vulnerability assessments performed
by the Department of Agriculture and Food;
(48) except to the extent that the record is exempt from this chapter pursuant to Section
63G-2-106
, records related to an emergency plan or program, a copy of which is provided to or
prepared or maintained by the Division of Emergency Management, and the disclosure of
which would jeopardize:
(a) the safety of the general public; or
(b) the security of:
(i) governmental property;
(ii) governmental programs; or
(iii) the property of a private person who provides the Division of Emergency
Management information;
(49) records of the Department of Agriculture and Food that provides for the
identification, tracing, or control of livestock diseases, including any program established under
Title 4, Chapter 24, Utah Livestock Brand and Anti-Theft Act, or Title 4, Chapter 31, Control
of Animal Disease;
(50) as provided in Section 
26-39-501
:
(a) information or records held by the Department of Health related to a complaint
regarding a child care program or residential child care which the department is unable to
substantiate; and
(b) information or records related to a complaint received by the Department of Health
from an anonymous complainant regarding a child care program or residential child care;
(51) unless otherwise classified as public under Section 
63G-2-301
 and except as
provided under Section 
41-1a-116
, an individual's home address, home telephone number, or
personal mobile phone number, if:
(a) the individual is required to provide the information in order to comply with a law,
ordinance, rule, or order of a government entity; and
(b) the subject of the record has a reasonable expectation that this information will be
kept confidential due to:
(i) the nature of the law, ordinance, rule, or order; and
(ii) the individual complying with the law, ordinance, rule, or order;
(52) the name, home address, work addresses, and telephone numbers of an individual
that is engaged in, or that provides goods or services for, medical or scientific research that is:
(a) conducted within the state system of higher education, as defined in Section
53B-1-102
; and
(b) conducted using animals;
(53) an initial proposal under Title 63N, Chapter 13, Part 2, Government Procurement
Private Proposal Program, to the extent not made public by rules made under that chapter;
(54) in accordance with Section 
78A-12-203
, any record of the Judicial Performance
Evaluation Commission concerning an individual commissioner's vote on whether or not to
recommend that the voters retain a judge including information disclosed under Subsection
78A-12-203
(5)(e);
(55) information collected and a report prepared by the Judicial Performance
Evaluation Commission concerning a judge, unless Section 
20A-7-702
 or Title 78A, Chapter
12, Judicial Performance Evaluation Commission Act, requires disclosure of, or makes public,
the information or report;
(56) records contained in the Management Information System created in Section
62A-4a-1003
;
(57) records provided or received by the Public Lands Policy Coordinating Office in
furtherance of any contract or other agreement made in accordance with Section 
63J-4-603
;
(58) information requested by and provided to the 911 Division under Section
63H-7a-302
;
(59) in accordance with Section 
73-10-33
:
(a) a management plan for a water conveyance facility in the possession of the Division
of Water Resources or the Board of Water Resources; or
(b) an outline of an emergency response plan in possession of the state or a county or
municipality;
(60) the following records in the custody or control of the Office of Inspector General
of Medicaid Services, created in Section 
63A-13-201
:
(a) records that would disclose information relating to allegations of personal
misconduct, gross mismanagement, or illegal activity of a person if the information or
allegation cannot be corroborated by the Office of Inspector General of Medicaid Services
through other documents or evidence, and the records relating to the allegation are not relied
upon by the Office of Inspector General of Medicaid Services in preparing a final investigation
report or final audit report;
(b) records and audit workpapers to the extent they would disclose the identity of a
person who, during the course of an investigation or audit, communicated the existence of any
Medicaid fraud, waste, or abuse, or a violation or suspected violation of a law, rule, or
regulation adopted under the laws of this state, a political subdivision of the state, or any
recognized entity of the United States, if the information was disclosed on the condition that
the identity of the person be protected;
(c) before the time that an investigation or audit is completed and the final
investigation or final audit report is released, records or drafts circulated to a person who is not
an employee or head of a governmental entity for the person's response or information;
(d) records that would disclose an outline or part of any investigation, audit survey
plan, or audit program; or
(e) requests for an investigation or audit, if disclosure would risk circumvention of an
investigation or audit;
(61) records that reveal methods used by the Office of Inspector General of Medicaid
Services, the fraud unit, or the Department of Health, to discover Medicaid fraud, waste, or
abuse;
(62) information provided to the Department of Health or the Division of Occupational
and Professional Licensing under Subsection 
58-68-304
(3) or (4);
(63) a record described in Section 
63G-12-210
;
(64) captured plate data that is obtained through an automatic license plate reader
system used by a governmental entity as authorized in Section 
41-6a-2003
;
(65) any record in the custody of the Utah Office for Victims of Crime relating to a
victim, including:
(a) a victim's application or request for benefits;
(b) a victim's receipt or denial of benefits; and
(c) any administrative notes or records made or created for the purpose of, or used to,
evaluate or communicate a victim's eligibility for or denial of benefits from the Crime Victim
Reparations Fund;
(66) an audio or video recording created by a body-worn camera, as that term is
defined in Section 
77-7a-103
, that records sound or images inside a hospital or health care
facility as those terms are defined in Section 
78B-3-403
, inside a clinic of a health care
provider, as that term is defined in Section 
78B-3-403
, or inside a human service program as
that term is defined in Subsection 
62A-2-101
[
(19)(a)(vi)
]
(20)
, except for recordings that:
(a) depict the commission of an alleged crime;
(b) record any encounter between a law enforcement officer and a person that results in
death or bodily injury, or includes an instance when an officer fires a weapon;
(c) record any encounter that is the subject of a complaint or a legal proceeding against
a law enforcement officer or law enforcement agency;
(d) contain an officer involved critical incident as defined in Subsection
76-2-408
(1)(d); or
(e) have been requested for reclassification as a public record by a subject or
authorized agent of a subject featured in the recording; and 
(67) a record pertaining to the search process for a president of an institution of higher
education described in Section 
53B-2-102
, except for application materials for a publicly
announced finalist.
Section 12. Section 
76-5b-201
 is amended to read:
76-5b-201.
Sexual exploitation of a minor -- Offenses.
(1) A person is guilty of sexual exploitation of a minor:
(a) when the person:
(i) knowingly produces, possesses, or possesses with intent to distribute child
pornography; or
(ii) intentionally distributes or views child pornography; or
(b) if the person is a minor's parent or legal guardian and knowingly consents to or
permits the minor to be sexually exploited as described in Subsection (1)(a).
(2) Sexual exploitation of a minor is a second degree felony.
(3) It is a separate offense under this section:
(a) for each minor depicted in the child pornography; and
(b) for each time the same minor is depicted in different child pornography.
(4) It is an affirmative defense to a charge of violating this section that no person under
18 years of age was actually depicted in the visual depiction or used in producing or advertising
the visual depiction.
(5) In proving a violation of this section in relation to an identifiable minor, proof of
the actual identity of the identifiable minor is not required.
(6) This section may not be construed to impose criminal or civil liability on:
(a) [
any
] 
an
 entity or an employee, director, officer, or agent of an entity when acting
within the scope of employment, for the good faith performance of:
(i) reporting or data preservation duties required under any federal or state law; or
(ii) implementing a policy of attempting to prevent the presence of child pornography
on any tangible or intangible property, or of detecting and reporting the presence of child
pornography on the property;
(b) [
any
] 
a
 law enforcement officer acting within the scope of a criminal investigation;
(c) [
any
] 
an
 employee of a court who may be required to view child pornography
during the course of and within the scope of the employee's employment;
(d) [
any
] 
a
 juror who may be required to view child pornography during the course of
the [
person's
] 
individual's
 service as a juror; [
or
]
(e) [
any
] 
an
 attorney or employee of an attorney who is required to view child
pornography during the course of a judicial process and while acting within the scope of
employment[
.
]
;
(f) an employee of the Department of Human Services who is required to view child
pornography within the scope of the employee's employment; or
(g) an attorney who is required to view child pornography within the scope of the
attorney's responsibility to represent the Department of Human Services, including the
divisions and offices within the Department of Human Services.
Section 13. Section 
77-7a-104
 is amended to read:
77-7a-104.
Activation and use of body-worn cameras.
(1) An officer using a body-worn camera shall verify that the equipment is properly
functioning as is reasonably within the officer's ability.
(2) An officer shall report any malfunctioning equipment to the officer's supervisor if:
(a) the body-worn camera issued to the officer is not functioning properly upon initial
inspection; or
(b) an officer determines that the officer's body-worn camera is not functioning
properly at any time while the officer is on duty.
(3) An officer shall wear the body-worn camera so that it is clearly visible to the person
being recorded.
(4) An officer shall activate the body-worn camera prior to any law enforcement
encounter, or as soon as reasonably possible.
(5) An officer shall record in an uninterrupted manner until after the conclusion of a
law enforcement encounter, except as an interruption of a recording is allowed under this
section.
(6) When going on duty and off duty, an officer who is issued a body-worn camera
shall record the officer's name, identification number, and the current time and date, unless the
information is already available due to the functionality of the body-worn camera.
(7) If a body-worn camera was present during a law enforcement encounter, the officer
shall document the presence of the body-worn camera in any report or other official record of a
contact.
(8) When a body-worn camera has been activated, the officer may not deactivate the
body-worn camera until the officer's direct participation in the law enforcement encounter is
complete, except as provided in Subsection (9).
(9) An officer may deactivate a body-worn camera:
(a) to consult with a supervisor or another officer;
(b) during a significant period of inactivity; and
(c) during a conversation with a sensitive victim of crime, a witness of a crime, or an
individual who wishes to report or discuss criminal activity if:
(i) the individual who is the subject of the recording requests that the officer deactivate
the officer's body-worn camera; and
(ii) the officer believes that the value of the information outweighs the value of the
potential recording and records the request by the individual to deactivate the body-worn
camera.
(10) If an officer deactivates a body-worn camera, the officer shall document the
reason for deactivating a body-worn camera in a written report.
(11) (a) For purposes of this Subsection (11):
(i) "Health care facility" means the same as that term is defined in Section 
78B-3-403
.
(ii) "Health care provider" means the same as that term is defined in Section
78B-3-403
.
(iii) "Hospital" means the same as that term is defined in Section 
78B-3-403
.
(iv) "Human service program" means the same as that term is defined in [
Subsection
]
Section
62A-2-101
[
(20)(a)(vi)
].
(b) An officer may not activate a body-worn camera in a hospital, health care facility,
human service program, or the clinic of a health care provider, except during a law
enforcement encounter, and with notice under Section 
77-7a-105
. 
Section 14. Section 
78A-6-105
 is amended to read:
78A-6-105.
Definitions.
As used in this chapter:
(1) (a) "Abuse" means:
(i) (A) nonaccidental harm of a child;
(B) threatened harm of a child;
(C) sexual exploitation;
(D) sexual abuse; or
(E) human trafficking of a child in violation of Section 
76-5-308.5
; or
(ii) that a child's natural parent:
(A) intentionally, knowingly, or recklessly causes the death of another parent of the
child;
(B) is identified by a law enforcement agency as the primary suspect in an investigation
for intentionally, knowingly, or recklessly causing the death of another parent of the child; or
(C) is being prosecuted for or has been convicted of intentionally, knowingly, or
recklessly causing the death of another parent of the child.
(b) "Abuse" does not include:
(i) reasonable discipline or management of a child, including withholding privileges;
(ii) conduct described in Section 
76-2-401
; or
(iii) the use of reasonable and necessary physical restraint or force on a child:
(A) in self-defense;
(B) in defense of others;
(C) to protect the child; or
(D) to remove a weapon in the possession of a child for any of the reasons described in
Subsections (1)(b)(iii)(A) through (C).
(2) "Abused child" means a child who has been subjected to abuse.
(3) "Adjudication" means a finding by the court, incorporated in a decree, that the facts
alleged in the petition have been proved. A finding of not competent to proceed pursuant to
Section 
78A-6-1302
 is not an adjudication.
(4) "Adult" means a person 18 years of age or over, except that a person 18 years or
over under the continuing jurisdiction of the juvenile court pursuant to Section 
78A-6-120
 shall
be referred to as a minor.
(5) "Board" means the Board of Juvenile Court Judges.
(6) "Child" means a person under 18 years of age.
(7) "Child placement agency" means:
(a) a private agency licensed to receive a child for placement or adoption under this
code; or
(b) a private agency that receives a child for placement or adoption in another state,
which agency is licensed or approved where such license or approval is required by law.
(8) "Clandestine laboratory operation" means the same as that term is defined in
Section 
58-37d-3
.
(9) "Commit" means, unless specified otherwise:
(a) with respect to a child, to transfer legal custody; and
(b) with respect to a minor who is at least 18 years of age, to transfer custody.
(10) "Court" means the juvenile court.
(11) "Criminogenic risk factors" means evidence-based factors that are associated with
a minor's likelihood of reoffending.
(12) "Delinquent act" means an act that would constitute a felony or misdemeanor if
committed by an adult.
(13) "Dependent child" includes a child who is homeless or without proper care
through no fault of the child's parent, guardian, or custodian.
(14) "Deprivation of custody" means transfer of legal custody by the court from a
parent or the parents or a previous legal custodian to another person, agency, or institution.
(15) "Detention" means home detention and secure detention as defined in Section
62A-7-101
 for the temporary care of a minor who requires secure custody in a physically
restricting facility:
(a) pending court disposition or transfer to another jurisdiction; or
(b) while under the continuing jurisdiction of the court.
(16) "Detention risk assessment tool" means an evidence-based tool established under
Section 
78A-6-124
, on and after July 1, 2018, that assesses a minor's risk of failing to appear in
court or reoffending pre-adjudication and designed to assist in making detention
determinations.
(17) "Division" means the Division of Child and Family Services.
(18) "Educational neglect" means that, after receiving a notice of compulsory education
violation under Section 
53G-6-202
, the parent or guardian fails to make a good faith effort to
ensure that the child receives an appropriate education.
[
(18)
] 
(19)
 "Evidence-based" means a program or practice that has had multiple
randomized control studies or a meta-analysis demonstrating that the program or practice is
effective for a specific population or has been rated as effective by a standardized program
evaluation tool. 
[
(19)
] 
(20)
 "Formal probation" means a minor is under field supervision by the
probation department or other agency designated by the court and subject to return to the court
in accordance with Section 
78A-6-123
 on and after July 1, 2018.
[
(20)
] 
(21)
 "Formal referral" means a written report from a peace officer or other
person informing the court that a minor is or appears to be within the court's jurisdiction and
that a case must be reviewed.
[
(21)
] 
(22)
 "Group rehabilitation therapy" means psychological and social counseling
of one or more persons in the group, depending upon the recommendation of the therapist.
[
(22)
] 
(23)
 "Guardianship of the person" includes the authority to consent to:
(a) marriage;
(b) enlistment in the armed forces;
(c) major medical, surgical, or psychiatric treatment; or
(d) legal custody, if legal custody is not vested in another person, agency, or institution.
[
(23)
] 
(24)
 "Habitual truant" means the same as that term is defined in Section
53A-11-101
.
[
(24)
] 
(25)
 "Harm" means:
(a) physical or developmental injury or damage;
(b) emotional damage that results in a serious impairment in the child's growth,
development, behavior, or psychological functioning;
(c) sexual abuse; or
(d) sexual exploitation.
[
(25)
] 
(26)
 (a) "Incest" means engaging in sexual intercourse with a person whom the
perpetrator knows to be the perpetrator's ancestor, descendant, brother, sister, uncle, aunt,
nephew, niece, or first cousin.
(b) The relationships described in Subsection [
(25)
] 
(26)
(a) include:
(i) blood relationships of the whole or half blood, without regard to legitimacy;
(ii) relationships of parent and child by adoption; and
(iii) relationships of stepparent and stepchild while the marriage creating the
relationship of a stepparent and stepchild exists.
[
(26)
] 
(27)
 "Intake probation" means a period of court monitoring that does not include
field supervision, but is overseen by a juvenile probation officer, during which a minor is
subject to return to the court in accordance with Section 
78A-6-123
 on and after July 1, 2018.
[
(27)
] 
(28)
 "Intellectual disability" means:
(a) significantly subaverage intellectual functioning, an IQ of approximately 70 or
below on an individually administered IQ test, for infants, a clinical judgment of significantly
subaverage intellectual functioning;
(b) concurrent deficits or impairments in present adaptive functioning, the person's
effectiveness in meeting the standards expected for the person's age by the person's cultural
group, in at least two of the following areas: communication, self-care, home living,
social/interpersonal skills, use of community resources, self-direction, functional academic
skills, work, leisure, health, and safety; and
(c) the onset is before the person reaches the age of 18 years.
[
(28)
] 
(29)
 "Legal custody" means a relationship embodying the following rights and
duties:
(a) the right to physical custody of the minor;
(b) the right and duty to protect, train, and discipline the minor;
(c) the duty to provide the minor with food, clothing, shelter, education, and ordinary
medical care;
(d) the right to determine where and with whom the minor shall live; and
(e) the right, in an emergency, to authorize surgery or other extraordinary care.
[
(29)
] 
(30)
 "Material loss" means an uninsured:
(a) property loss;
(b) out-of-pocket monetary loss;
(c) lost wages; or
(d) medical expenses.
[
(30)
] 
(31)
 "Mental disorder" means a serious emotional and mental disturbance that
severely limits a minor's development and welfare over a significant period of time.
[
(31)
] 
(32)
 "Minor" means:
(a) a child; or
(b) a person who is:
(i) at least 18 years of age and younger than 21 years of age; and
(ii) under the jurisdiction of the juvenile court.
[
(32)
] 
(33)
 "Mobile crisis outreach team" means a crisis intervention service for minors
or families of minors experiencing behavioral health or psychiatric emergencies.
[
(33)
] 
(34)
 "Molestation" means that a person, with the intent to arouse or gratify the
sexual desire of any person:
(a) touches the anus or any part of the genitals of a child;
(b) takes indecent liberties with a child; or
(c) causes a child to take indecent liberties with the perpetrator or another.
[
(34)
] 
(35)
 "Natural parent" means a minor's biological or adoptive parent, and
includes the minor's noncustodial parent.
[
(35)
] 
(36)
 (a) "Neglect" means action or inaction causing:
(i) abandonment of a child, except as provided in Title 62A, Chapter 4a, Part 8, Safe
Relinquishment of a Newborn Child;
(ii) lack of proper parental care of a child by reason of the fault or habits of the parent,
guardian, or custodian;
(iii) failure or refusal of a parent, guardian, or custodian to provide proper or necessary
subsistence[
, education,
] or medical care, or any other care necessary for the child's health,
safety, morals, or well-being;
(iv) a child to be at risk of being neglected or abused because another child in the same
home is neglected or abused; [
or
]
(v) abandonment of a child through an unregulated custody transfer[
.
]
; or
(vi) educational neglect.
[
(b) The aspect of neglect relating to education, described in Subsection (35)(a)(iii),
means that, after receiving a notice of compulsory education violation under Section
53A-11-101.5
, the parent or guardian fails to make a good faith effort to ensure that the child
receives an appropriate education.
]
[
(c)
] 
(b)
 A parent or guardian legitimately practicing religious beliefs and who, for that
reason, does not provide specified medical treatment for a child, is not guilty of neglect.
[
(d)
] 
(c)
 (i) Notwithstanding Subsection [
(35)
] 
(36)
(a), a health care decision made for
a child by the child's parent or guardian does not constitute neglect unless the state or other
party to the proceeding shows, by clear and convincing evidence, that the health care decision
is not reasonable and informed.
(ii) Nothing in Subsection [
(35)(d)
] 
(36)(c)
(i) may prohibit a parent or guardian from
exercising the right to obtain a second health care opinion and from pursuing care and
treatment pursuant to the second health care opinion, as described in Section 
78A-6-301.5
.
[
(36)
] 
(37)
 "Neglected child" means a child who has been subjected to neglect.
[
(37)
] 
(38)
 "Nonjudicial adjustment" means closure of the case by the assigned
probation officer without judicial determination upon the consent in writing of:
(a) the assigned probation officer; and
(b) (i) the minor; or
(ii) the minor and the minor's parent, legal guardian, or custodian.
[
(38)
] 
(39)
 "Not competent to proceed" means that a minor, due to a mental disorder,
intellectual disability, or related condition as defined, lacks the ability to:
(a) understand the nature of the proceedings against them or of the potential disposition
for the offense charged; or
(b) consult with counsel and participate in the proceedings against them with a
reasonable degree of rational understanding.
[
(39)
] 
(40)
 "Physical abuse" means abuse that results in physical injury or damage to a
child.
[
(40)
] 
(41)
 "Probation" means a legal status created by court order following an
adjudication on the ground of a violation of law or under Section 
78A-6-103
, whereby the
minor is permitted to remain in the minor's home under prescribed conditions.
[
(41)
] 
(42)
 "Protective supervision" means a legal status created by court order
following an adjudication on the ground of abuse, neglect, or dependency, whereby the minor
is permitted to remain in the minor's home, and supervision and assistance to correct the abuse,
neglect, or dependency is provided by the probation department or other agency designated by
the court.
[
(42)
] 
(43)
 "Related condition" means a condition closely related to intellectual
disability in accordance with 42 C.F.R. Part 435.1010 and further defined in Rule R539-1-3,
Utah Administrative Code.
[
(43)
] 
(44)
 (a) "Residual parental rights and duties" means those rights and duties
remaining with the parent after legal custody or guardianship, or both, have been vested in
another person or agency, including:
(i) the responsibility for support;
(ii) the right to consent to adoption;
(iii) the right to determine the child's religious affiliation; and
(iv) the right to reasonable parent-time unless restricted by the court.
(b) If no guardian has been appointed, "residual parental rights and duties" also include
the right to consent to:
(i) marriage;
(ii) enlistment; and
(iii) major medical, surgical, or psychiatric treatment.
[
(44)
] 
(45)
 "Secure facility" means any facility operated by or under contract with the
Division of Juvenile Justice Services, that provides 24-hour supervision and confinement for
youth offenders committed to the division for custody and rehabilitation pursuant to Subsection
78A-6-117
(2)(d).
[
(45)
] 
(46)
 "Severe abuse" means abuse that causes or threatens to cause serious harm
to a child.
[
(46)
] 
(47)
 "Severe neglect" means neglect that causes or threatens to cause serious
harm to a child.
[
(47)
] 
(48)
 "Sexual abuse" means:
(a) an act or attempted act of sexual intercourse, sodomy, incest, or molestation by an
adult directed towards a child;
(b) an act or attempted act of sexual intercourse, sodomy, incest, or molestation
committed by a child towards another child if:
(i) there is an indication of force or coercion;
(ii) the children are related, as described in Subsection [
(25)
] 
(26)
;
(iii) there have been repeated incidents of sexual contact between the two children,
unless the children are 14 years of age or older; or
(iv) there is a disparity in chronological age of four or more years between the two
children; or
(c) engaging in any conduct with a child that would constitute an offense under any of
the following, regardless of whether the person who engages in the conduct is actually charged
with, or convicted of, the offense:
(i) Title 76, Chapter 5, Part 4, Sexual Offenses, except for Section 
76-5-401
, if the
alleged perpetrator of an offense described in Section 
76-5-401
 is a minor;
(ii) child bigamy, Section 
76-7-101.5
;
(iii) incest, Section 
76-7-102
;
(iv) lewdness, Section 
76-9-702
;
(v) sexual battery, Section 
76-9-702.1
;
(vi) lewdness involving a child, Section 
76-9-702.5
; or
(vii) voyeurism, Section 
76-9-702.7
.
[
(48)
] 
(49)
 "Sexual exploitation" means knowingly:
(a) employing, using, persuading, inducing, enticing, or coercing any child to:
(i) pose in the nude for the purpose of sexual arousal of any person; or
(ii) engage in any sexual or simulated sexual conduct for the purpose of photographing,
filming, recording, or displaying in any way the sexual or simulated sexual conduct;
(b) displaying, distributing, possessing for the purpose of distribution, or selling
material depicting a child:
(i) in the nude, for the purpose of sexual arousal of any person; or
(ii) engaging in sexual or simulated sexual conduct; or
(c) engaging in any conduct that would constitute an offense under Section 
76-5b-201
,
sexual exploitation of a minor, regardless of whether the person who engages in the conduct is
actually charged with, or convicted of, the offense.
[
(49)
] 
(50)
 "Shelter" means the temporary care of a child in a physically unrestricted
facility pending court disposition or transfer to another jurisdiction.
[
(50)
] 
(51)
 "Status offense" means a violation of the law that would not be a violation
but for the age of the offender.
[
(51)
] 
(52)
 "Substance abuse" means the misuse or excessive use of alcohol or other
drugs or substances.
[
(52)
] 
(53)
 "Substantiated" means the same as that term is defined in Section
62A-4a-101
.
[
(53)
] 
(54)
 "Supported" means the same as that term is defined in Section 
62A-4a-101
.
[
(54)
] 
(55)
 "Termination of parental rights" means the permanent elimination of all
parental rights and duties, including residual parental rights and duties, by court order.
[
(55)
] 
(56)
 "Therapist" means:
(a) a person employed by a state division or agency for the purpose of conducting
psychological treatment and counseling of a minor in its custody; or
(b) any other person licensed or approved by the state for the purpose of conducting
psychological treatment and counseling.
[
(56)
] 
(57)
 "Unregulated custody transfer" means the placement of a child:
(a) with a person who is not the child's parent, step-parent, grandparent, adult sibling,
adult uncle or aunt, or legal guardian, or a friend of the family who is an adult and with whom
the child is familiar, or a member of the child's federally recognized tribe;
(b) with the intent of severing the child's existing parent-child or guardian-child
relationship; and
(c) without taking:
(i) reasonable steps to ensure the safety of the child and permanency of the placement;
and
(ii) the necessary steps to transfer the legal rights and responsibilities of parenthood or
guardianship to the person taking custody of the child.
[
(57)
] 
(58)
 "Unsubstantiated" means the same as that term is defined in Section
62A-4a-101
.
[
(58)
] 
(59)
 "Validated risk and needs assessment" means an evidence-based tool that
assesses a minor's risk of reoffending and a minor's criminogenic needs.
[
(59)
] 
(60)
 "Without merit" means the same as that term is defined in Section
62A-4a-101
.
Section 15. Section 
78A-6-106
 is amended to read:
78A-6-106.
Search warrants and subpoenas -- Authority to issue -- Protective
custody -- Expedited hearing.
(1) The court has authority to issue search warrants, subpoenas, or investigative
subpoenas in criminal cases, delinquency, and abuse, neglect, and dependency proceedings for
the same purposes, in the same manner and pursuant to the same procedures set forth in the
code of criminal procedure for the issuance of search warrants, subpoenas, or investigative
subpoenas in other trial courts in the state.
(2) A peace officer or child welfare worker may not enter the home of a child who is
not under the jurisdiction of the court, remove a child from the child's home or school, or take a
child into protective custody unless:
(a) there exist exigent circumstances sufficient to relieve the peace officer or child
welfare worker of the requirement to obtain a warrant;
(b) the peace officer or child welfare worker obtains a search warrant under Subsection
(3) 
or (6)
;
(c) the peace officer or child welfare worker obtains a court order after the parent or
guardian of the child is given notice and an opportunity to be heard; or
(d) the peace officer or child welfare worker obtains the consent of the child's parent or
guardian.
(3) (a) The court may issue a warrant authorizing a child protective services worker or
peace officer to search for a child and take the child into protective custody if it appears to the
court upon a verified petition, recorded sworn testimony or an affidavit sworn to by a peace
officer or any other person, and upon the examination of other witnesses, if required by the
judge, that there is probable cause to believe that:
(i) there is a threat of substantial harm to the child's health or safety;
(ii) it is necessary to take the child into protective custody to avoid the harm described
in Subsection (3)(a)(i); and
(iii) it is likely that the child will suffer substantial harm if the parent or guardian of the
child is given notice and an opportunity to be heard before the child is taken into protective
custody.
(b) Pursuant to Section 
77-23-210
, a peace officer making the search may enter a house
or premises by force, if necessary, in order to remove the child.
(c) The person executing the warrant shall [
then
] take the child to the place of shelter
designated by the court or the division.
(4) (a) Consistent with Subsection (5), the court shall hold an expedited hearing to
determine whether a child should be placed in protective custody if:
(i) a person files a petition under Section 
78A-6-304
;
(ii) a party to the proceeding files a "Motion for Expedited Placement in Temporary
Custody"; and
(iii) notice of the hearing described in this Subsection (4)(a) is served consistent with
the requirements for notice of a shelter hearing under Section 
78A-6-306
.
(b) The hearing described in Subsection (4)(a):
(i) shall be held within 72 hours, excluding weekends and holidays, of the filing of the
motion described in Subsection (4)(a)(ii); and
(ii) shall be considered a shelter hearing under Section 
78A-6-306
 and Utah Rules of
Juvenile Procedure, Rule 13.
(5) (a) The hearing and notice described in Subsection (4) are subject to:
(i) Section 
78A-6-306
;
(ii) Section 
78A-6-307
; and
(iii) the Utah Rules of Juvenile Procedure.
(b) After the hearing described in Subsection (4), a court may order a child placed in
the temporary custody of the division.
(6) Upon a motion filed for a warrant to search for a child who is missing, has been
abducted, or has run away, a court shall issue a warrant authorizing a child welfare worker or a
peace officer to search for the child and take the child into custody if the court determines that:
(a) the child is in the legal custody of the division; and
(b) the child is missing, has been abducted, or has run away.
(7) When a court issues a warrant under Subsection (6):
(a) the division shall notify the child's parent or guardian who has a right to parent-time
with the child;
(b) the court shall order:
(i) the law enforcement agency that has jurisdiction over the location from which the
child ran away to enter a record of the warrant into the National Crime Information Center
database within 24 hours after the time when the law enforcement agency receives a copy of
the warrant; and
(ii) the division to notify the law enforcement agency described in Subsection (7)(b)(i)
of the order described in Subsection (7)(b)(i); and
(c) the court shall specify the location to which the child welfare worker or peace
officer shall transport the child.
(8) On the sole basis of a child's absence from placement, a court may not hold in
contempt a child who:
(a) is in the legal custody of the division; and
(b) is missing, has been abducted, or has run away.
[
(6)
] 
(9)
 When notice to a parent or guardian is required by this section:
(a) the parent or guardian to be notified must be:
(i) the child's primary caregiver; or
(ii) the parent or guardian who has custody of the child[
,
] when the order is sought; and
(b) the person required to provide notice shall make a good faith effort to provide
notice to a parent or guardian who:
(i) is not required to be notified under Subsection [
(6)
] 
(9)
(a); and
(ii) has [
the
] 
a
 right to parent-time with the child.
Section 16. Section 
78A-6-113 (Superseded 07/01/18)
 is amended to read:
78A-6-113 (Superseded 07/01/18).
Placement of minor in detention or shelter
facility -- Grounds -- Detention hearings -- Period of detention -- Notice -- Confinement
for criminal proceedings -- Bail laws inapplicable -- Exception.
(1) (a) A minor may not be placed or kept in a secure detention facility pending court
proceedings unless it is unsafe for the public to leave the minor with the minor's parents,
guardian, or custodian and the minor is detainable based on guidelines promulgated by the
Division of Juvenile Justice Services.
(b) A child who must be taken from the child's home but who does not require physical
restriction shall be given temporary care in a shelter facility and may not be placed in a
detention facility.
(c) A child may not be placed or kept in a shelter facility pending court proceedings
unless it is unsafe to leave the child with the child's parents, guardian, or custodian.
(d) (i) A court may temporarily place in a detention facility, as provided in Subsection
(4), a child who is taken into custody based upon a warrant issued under Subsection
78A-6-106
(6), if the court finds that detention is the least restrictive placement available to
ensure the immediate safety of the child.
(ii) A child placed in detention under Subsection (1)(d)(i) may not be held in detention
longer than is necessary for the division to identify a less restrictive, available, and appropriate
placement for the child.
(2) After admission of a child to a detention facility pursuant to the guidelines
established by the Division of Juvenile Justice Services and immediate investigation by an
authorized officer of the court, the judge or the officer shall order the release of the child to the
child's parents, guardian, or custodian if it is found the child can be safely returned to their care,
either upon written promise to bring the child to the court at a time set or without restriction.
(a) If a child's parent, guardian, or custodian fails to retrieve the child from a facility
within 24 hours after notification of release, the parent, guardian, or custodian is responsible
for the cost of care for the time the child remains in the facility.
(b) The facility shall determine the cost of care.
(c) Any money collected under this Subsection (2) shall be retained by the Division of
Juvenile Justice Services to recover the cost of care for the time the child remains in the
facility.
(3) (a) When a child is detained in a detention or shelter facility, the parents or
guardian shall be informed by the person in charge of the facility that they have the right to a
prompt hearing in court to determine whether the child is to be further detained or released.
(b) When a minor is detained in a detention facility, the minor shall be informed by the
person in charge of the facility that the minor has the right to a prompt hearing in court to
determine whether the minor is to be further detained or released.
(c) Detention hearings shall be held by the judge or by a commissioner.
(d) The court may, at any time, order the release of the minor, whether a detention
hearing is held or not.
(e) If a child is released, and the child remains in the facility, because the parents,
guardian, or custodian fails to retrieve the child, the parents, guardian, or custodian shall be
responsible for the cost of care as provided in Subsections (2)(a), (b), and (c).
(4) (a) A minor may not be held in a detention facility longer than 48 hours prior to a
detention hearing, excluding weekends and holidays, unless the court has entered an order for
continued detention.
(b) A child may not be held in a shelter facility longer than 48 hours prior to a shelter
hearing, excluding weekends and holidays, unless a court order for extended shelter has been
entered by the court after notice to all parties described in Section 
78A-6-306
.
(c) A hearing for detention or shelter may not be waived. Detention staff shall provide
the court with all information received from the person who brought the minor to the detention
facility.
(d) If the court finds at a detention hearing that it is not safe to release the minor, the
judge or commissioner may order the minor to be held in the facility or be placed in another
appropriate facility, subject to further order of the court.
(e) (i) After a detention hearing has been held, only the court may release a minor from
detention. If a minor remains in a detention facility, periodic reviews shall be held pursuant to
the Utah State Juvenile Court Rules of Practice and Procedure to ensure that continued
detention is necessary.
(ii) After a detention hearing for a violent felony, as defined in Section 
76-3-203.5
, or
an offense in violation of Title 76, Chapter 10, Part 5, Weapons, the court shall direct that
notice of its decision, including any disposition, order, or no contact orders, be provided to
designated persons in the appropriate local law enforcement agency and district superintendent
or the school or transferee school, if applicable, that the minor attends. The designated persons
may receive the information for purposes of the minor's supervision and student safety.
(iii) Any employee of the local law enforcement agency, school district, and the school
that the minor attends who discloses the court's order of probation is not:
(A) civilly liable except when the disclosure constitutes fraud or willful misconduct as
provided in Section 
63G-7-202
; and
(B) civilly or criminally liable except when disclosure constitutes a knowing violation
of Section 
63G-2-801
.
(5) A minor may not be held in a detention facility, following a dispositional order of
the court for nonsecure substitute care as defined in Section 
62A-4a-101
, or for
community-based placement under Section 
62A-7-101
 for longer than 72 hours, excluding
weekends and holidays. The period of detention may be extended by the court for one period
of seven calendar days if:
(a) the Division of Juvenile Justice Services or another agency responsible for
placement files a written petition with the court requesting the extension and setting forth good
cause; and
(b) the court enters a written finding that it is in the best interests of both the minor and
the community to extend the period of detention.
(6) The agency requesting an extension shall promptly notify the detention facility that
a written petition has been filed.
(7) The court shall promptly notify the detention facility regarding its initial disposition
and any ruling on a petition for an extension, whether granted or denied.
(8) (a) A child under 16 years of age may not be held in a jail, lockup, or other place
for adult detention except as provided by Section 
62A-7-201
 or unless certified as an adult
pursuant to Section 
78A-6-703
. The provisions of Section 
62A-7-201
 regarding confinement
facilities apply to this Subsection (8).
(b) A child 16 years of age or older whose conduct or condition endangers the safety or
welfare of others in the detention facility for children may, by court order that specifies the
reasons, be detained in another place of confinement considered appropriate by the court,
including a jail or other place of confinement for adults. However, a secure youth corrections
facility is not an appropriate place of confinement for detention purposes under this section.
(9) A sheriff, warden, or other official in charge of a jail or other facility for the
detention of adult offenders or persons charged with crime shall immediately notify the
juvenile court when a person who is or appears to be under 18 years of age is received at the
facility and shall make arrangements for the transfer of the person to a detention facility, unless
otherwise ordered by the juvenile court.
(10) This section does not apply to a minor who is brought to the adult facility under
charges pursuant to Section 
78A-6-701
 or by order of the juvenile court to be held for criminal
proceedings in the district court under Section 
78A-6-702
 or 
78A-6-703
.
(11) A minor held for criminal proceedings under Section 
78A-6-701
, 
78A-6-702
, or
78A-6-703
 may be detained in a jail or other place of detention used for adults charged with
crime.
(12) Provisions of law regarding bail are not applicable to minors detained or taken
into custody under this chapter, except that bail may be allowed:
(a) if a minor who need not be detained lives outside this state; or
(b) when a minor who need not be detained comes within one of the classes in
Subsection 
78A-6-603
(11).
(13) Section 
76-8-418
 is applicable to a child who willfully and intentionally commits
an act against a jail or other place of confinement, including a Division of Juvenile Justice
Services detention, shelter, or secure confinement facility which would be a third degree felony
if committed by an adult.
Section 17. Section 
78A-6-113 (Effective 07/01/18)
 is amended to read:
78A-6-113 (Effective 07/01/18).
Placement of minor in detention or shelter facility
-- Grounds -- Detention hearings -- Period of detention -- Notice -- Confinement for
criminal proceedings -- Bail laws inapplicable -- Exception.
(1) (a) A minor may not be placed or kept in a secure detention facility pending court
proceedings except in accordance with Section 
78A-6-112
.
(b) A child may not be placed or kept in a shelter facility pending court proceedings
unless it is unsafe to leave the child with the child's parents, guardian, or custodian.
(c) (i) A court may temporarily place in a detention facility, as provided in Subsection
(4), a child who is taken into custody based upon a warrant issued under Subsection
78A-6-106
(6), if the court finds that detention is the least restrictive placement available to
ensure the immediate safety of the child.
(ii) A child placed in detention under Subsection (1)(c)(i) may not be held in detention
longer than is necessary for the division to identify a less restrictive, available, and appropriate
placement for the child.
(2) After admission of a child to a detention facility pursuant to Section 
78A-6-112
 and
immediate investigation by an authorized officer of the court, the judge or the officer shall
order the release of the child to the child's parents, guardian, or custodian if it is found the child
can be safely returned to their care, either upon written promise to bring the child to the court at
a time set or without restriction.
(a) If a child's parent, guardian, or custodian fails to retrieve the child from a facility
within 24 hours after notification of release, the parent, guardian, or custodian is responsible
for the cost of care for the time the child remains in the facility.
(b) The facility shall determine the cost of care.
(c) Any money collected under this Subsection (2) shall be retained by the Division of
Juvenile Justice Services to recover the cost of care for the time the child remains in the
facility.
(3) (a) When a child is detained in a detention or shelter facility, the parents or
guardian shall be informed by the person in charge of the facility that the parent's or guardian's
child has the right to a prompt hearing in court to determine whether the child is to be further
detained or released.
(b) When a minor is detained in a detention facility, the minor shall be informed by the
person in charge of the facility that the minor has the right to a prompt hearing in court to
determine whether the minor is to be further detained or released.
(c) Detention hearings shall be held by the judge or by a commissioner.
(d) The court may, at any time, order the release of the minor, whether a detention
hearing is held or not.
(e) If a child is released, and the child remains in the facility, because the parents,
guardian, or custodian fails to retrieve the child, the parents, guardian, or custodian shall be
responsible for the cost of care as provided in Subsections (2)(a), (b), and (c).
(4) (a) A minor may not be held in a detention facility longer than 48 hours before a
detention hearing, excluding weekends and holidays, unless the court has entered an order for
continued detention.
(b) A child may not be held in a shelter facility longer than 48 hours before a shelter
hearing, excluding weekends and holidays, unless a court order for extended shelter has been
entered by the court after notice to all parties described in Section 
78A-6-306
.
(c) A hearing for detention or shelter may not be waived. Detention staff shall provide
the court with all information received from the person who brought the minor to the detention
facility.
(d) The judge or commissioner may only order a minor to be held in the facility or be
placed in another appropriate facility, subject to further order of the court, if the court finds at a
detention hearing that:
(i) releasing the minor to the minor's parent, guardian, or custodian presents an
unreasonable risk to public safety;
(ii) less restrictive nonresidential alternatives to detention have been considered and,
where appropriate, attempted; and
(iii) the minor is eligible for detention under the division guidelines for detention
admissions established by the Division of Juvenile Justice Services, under Section 
62A-7-202
and under Section 
78A-6-112
.
(e) (i) After a detention hearing has been held, only the court may release a minor from
detention. If a minor remains in a detention facility, periodic reviews shall be held pursuant to
the Utah State Juvenile Court Rules of Practice and Procedure to ensure that continued
detention is necessary.
(ii) After a detention hearing for a violent felony, as defined in Section 
76-3-203.5
, or
an offense in violation of Title 76, Chapter 10, Part 5, Weapons, the court shall direct that
notice of its decision, including any disposition, order, or no contact orders, be provided to
designated persons in the appropriate local law enforcement agency and district superintendent
or the school or transferee school, if applicable, that the minor attends. The designated persons
may receive the information for purposes of the minor's supervision and student safety.
(iii) Any employee of the local law enforcement agency, school district, and the school
that the minor attends who discloses the court's order of probation is not:
(A) civilly liable except when the disclosure constitutes fraud or willful misconduct as
provided in Section 
63G-7-202
; and
(B) civilly or criminally liable except when disclosure constitutes a knowing violation
of Section 
63G-2-801
.
(5) A minor may not be held in a detention facility, following a dispositional order of
the court for nonsecure substitute care as defined in Section 
62A-4a-101
, or for
community-based placement under Section 
62A-7-101
.
(6) (a) Except as otherwise provided in this section, a minor may not be held in a
detention facility following a disposition order of the court for longer than 72 hours, excluding
weekends and holidays.
(b) The period of detention may be extended by the court for a cumulative total of
seven calendar days if:
(i) the Division of Juvenile Justice Services or another agency responsible for
placement files a written petition with the court requesting the extension and setting forth good
cause; and
(ii) the court enters a written finding that it is in the best interests of both the minor and
the community to extend the period of detention.
(c) The court may extend the period of detention beyond the seven calendar days if the
court finds by clear and convincing evidence that:
(i) the Division of Juvenile Justice Services or another agency responsible for
placement does not have space for the minor; and
(ii) the safety of the minor and community requires an extension of the period of
detention.
(d) The Division of Juvenile Justice Services shall report to the court every 48 hours,
excluding weekends and holidays, regarding the status of whether the Division of Juvenile
Justice Services or another agency responsible for placement has space for the minor.
(7) The agency requesting an extension shall promptly notify the detention facility that
a written petition has been filed.
(8) The court shall promptly notify the detention facility regarding its initial disposition
and any ruling on a petition for an extension, whether granted or denied.
(9) (a) A child under 16 years of age may not be held in a jail, lockup, or other place
for adult detention except as provided by Section 
62A-7-201
 or unless certified as an adult
pursuant to Section 
78A-6-703
. Section 
62A-7-201
 regarding confinement facilities applies to
this Subsection (9).
(b) A child 16 years of age or older whose conduct or condition endangers the safety or
welfare of others in the detention facility for children may, by court order that specifies the
reasons, be detained in another place of confinement considered appropriate by the court,
including a jail or other place of confinement for adults. However, a secure facility is not an
appropriate place of confinement for detention purposes under this section.
(10) A sheriff, warden, or other official in charge of a jail or other facility for the
detention of adult offenders or persons charged with crime shall immediately notify the
juvenile court when a person who is or appears to be under 18 years of age is received at the
facility and shall make arrangements for the transfer of the person to a detention facility, unless
otherwise ordered by the juvenile court.
(11) This section does not apply to a minor who is brought to the adult facility under
charges pursuant to Section 
78A-6-701
 or by order of the juvenile court to be held for criminal
proceedings in the district court under Section 
78A-6-702
 or 
78A-6-703
.
(12) A minor held for criminal proceedings under Section 
78A-6-701
, 
78A-6-702
, or
78A-6-703
 may be detained in a jail or other place of detention used for adults charged with
crime.
(13) Provisions of law regarding bail are not applicable to minors detained or taken
into custody under this chapter, except that bail may be allowed:
(a) if a minor who need not be detained lives outside this state; or
(b) when a minor who need not be detained comes within one of the classes in
Subsection 
78A-6-603
(11).
(14) Section 
76-8-418
 is applicable to a child who willfully and intentionally commits
an act against a jail or other place of confinement, including a Division of Juvenile Justice
Services detention, shelter, or secure confinement facility which would be a third degree felony
if committed by an adult.
Section 18. Section 
78A-6-117 (Superseded 07/01/18)
 is amended to read:
78A-6-117 (Superseded 07/01/18).
Adjudication of jurisdiction of juvenile court --
Disposition of cases -- Enumeration of possible court orders -- Considerations of court --
Obtaining DNA sample.
(1) (a) When a minor is found to come within the provisions of Section 
78A-6-103
, the
court shall so adjudicate. The court shall make a finding of the facts upon which it bases its
jurisdiction over the minor. However, in cases within the provisions of Subsection
78A-6-103
(1), findings of fact are not necessary.
(b) If the court adjudicates a minor for a crime of violence or an offense in violation of
Title 76, Chapter 10, Part 5, Weapons, it shall order that notice of the adjudication be provided
to the school superintendent of the district in which the minor resides or attends school. Notice
shall be made to the district superintendent within three days of the adjudication and shall
include:
(i) the specific offenses for which the minor was adjudicated; and
(ii) if available, if the victim:
(A) resides in the same school district as the minor; or
(B) attends the same school as the minor.
(2) Upon adjudication the court may make the following dispositions by court order:
(a) (i) The court may place the minor on probation or under protective supervision in
the minor's own home and upon conditions determined by the court, including compensatory
service as provided in Subsection (2)(m)(iii).
(ii) The court may place the minor in state supervision with the probation department
of the court, under the legal custody of:
(A) the minor's parent or guardian;
(B) the Division of Juvenile Justice Services; or
(C) the Division of Child and Family Services.
(iii) If the court orders probation or state supervision, the court shall direct that notice
of its order be provided to designated persons in the local law enforcement agency and the
school or transferee school, if applicable, that the minor attends. The designated persons may
receive the information for purposes of the minor's supervision and student safety.
(iv) Any employee of the local law enforcement agency and the school that the minor
attends who discloses the court's order of probation is not:
(A) civilly liable except when the disclosure constitutes fraud or willful misconduct as
provided in Section 
63G-7-202
; and
(B) civilly or criminally liable except when the disclosure constitutes a knowing
violation of Section 
63G-2-801
.
(b) The court may place the minor in the legal custody of a relative or other suitable
person, with or without probation or [
protective supervision
] 
other court-specified child
welfare services
, but the juvenile court may not assume the function of developing foster home
services.
(c) (i) The court may:
(A) vest legal custody of the minor in the Division of Child and Family Services,
Division of Juvenile Justice Services, or the Division of Substance Abuse and Mental Health;
and
(B) order the Department of Human Services to provide dispositional
recommendations and services.
(ii) For minors who may qualify for services from two or more divisions within the
Department of Human Services, the court may vest legal custody with the department.
(iii) (A) A minor who is committed to the custody of the Division of Child and Family
Services on grounds other than abuse or neglect is subject to the provisions of Title 78A,
Chapter 6, Part 4, Minors in Custody on Grounds Other than Abuse or Neglect, and Title 62A,
Chapter 4a, Part 2a, Minors in Custody on Grounds Other than Abuse or Neglect.
(B) Before the court entering an order to place a minor in the custody of the Division of
Child and Family Services on grounds other than abuse or neglect, the court shall provide the
division with notice of the hearing no later than five days before the time specified for the
hearing so the division may attend the hearing.
(C) Before committing a child to the custody of the Division of Child and Family
Services, the court shall make a finding as to what reasonable efforts have been attempted to
prevent the child's removal from the child's home.
(iv) (A) A minor who is 18 years old or older, but younger than 21 years old, may
petition the court to express the minor's desire to be removed from the jurisdiction of the
juvenile court and from the custody of the Division of Child and Family Services if the minor
is in the division's custody on grounds of abuse, neglect, or dependency.
(B) If the minor's parent's rights have not been terminated in accordance with Part 5,
Termination of Parental Rights Act, the minor's petition shall contain a statement from the
minor's parent or guardian agreeing that the minor should be removed from the custody of the
Division of Child and Family Services.
(C) The minor and the minor's parent or guardian shall sign the petition.
(D) The court shall review the petition within 14 days.
(E) The court shall remove the minor from the custody of the Division of Child and
Family Services if the minor and the minor's parent or guardian have met the requirements
described in Subsections (2)(c)(iv)(B) and (C) and if the court finds, based on input from the
Division of Child and Family Services, the minor's guardian ad litem, and the Office of the
Attorney General, that the minor does not pose an imminent threat to self or others.
(F) A minor removed from custody under Subsection (2)(c)(iv)(E) may, within 90 days
of the date of removal, petition the court to re-enter custody of the Division of Child and
Family Services.
(G) Upon receiving a petition under Subsection (2)(c)(iv)(F), the court shall order the
Division of Child and Family Services to take custody of the minor based on the findings the
court entered when the court originally vested custody in the Division of Child and Family
Services.
(d) (i) The court may commit a minor to the Division of Juvenile Justice Services for
secure confinement.
(ii) A minor under the jurisdiction of the court solely on the ground of abuse, neglect,
or dependency under Subsection 
78A-6-103
(1)(c) may not be committed to the Division of
Juvenile Justice Services.
(e) The court may commit a minor, subject to the court retaining continuing
jurisdiction over the minor, to the temporary custody of the Division of Juvenile Justice
Services for observation and evaluation for a period not to exceed 45 days, which period may
be extended up to 15 days at the request of the director of the Division of Juvenile Justice
Services.
(f) (i) The court may commit a minor to a place of detention or an alternative to
detention for a period not to exceed 30 days subject to the court retaining continuing
jurisdiction over the minor. This commitment may be stayed or suspended upon conditions
ordered by the court.
(ii) This Subsection (2)(f) applies only to a minor adjudicated for:
(A) an act which if committed by an adult would be a criminal offense; or
(B) contempt of court under Section 
78A-6-1101
.
(g) The court may vest legal custody of an abused, neglected, or dependent minor in
the Division of Child and Family Services or any other appropriate person in accordance with
the requirements and procedures of Title 78A, Chapter 6, Part 3, Abuse, Neglect, and
Dependency Proceedings.
(h) The court may place a minor on a ranch or forestry camp, or similar facility for care
and also for work, if possible, if the person, agency, or association operating the facility has
been approved or has otherwise complied with all applicable state and local laws. A minor
placed in a forestry camp or similar facility may be required to work on fire prevention,
forestation and reforestation, recreational works, forest roads, and on other works on or off the
grounds of the facility and may be paid wages, subject to the approval of and under conditions
set by the court.
(i) (i) The court may order a minor to repair, replace, or otherwise make restitution for
damage or loss caused by the minor's wrongful act, including costs of treatment as stated in
Section 
78A-6-321
 and impose fines in limited amounts.
(ii) The court may also require a minor to reimburse an individual, entity, or
governmental agency who offered and paid a reward to a person or persons for providing
information resulting in a court adjudication that the minor is within the jurisdiction of the
juvenile court due to the commission of a criminal offense.
(iii) If a minor is returned to this state under the Interstate Compact on Juveniles, the
court may order the minor to make restitution for costs expended by any governmental entity
for the return.
(j) The court may issue orders necessary for the collection of restitution and fines
ordered by the court, including garnishments, wage withholdings, and executions.
(k) (i) The court may through its probation department encourage the development of
employment or work programs to enable minors to fulfill their obligations under Subsection
(2)(i) and for other purposes considered desirable by the court.
(ii) Consistent with the order of the court, the probation officer may permit a minor
found to be within the jurisdiction of the court to participate in a program of work restitution or
compensatory service in lieu of paying part or all of the fine imposed by the court.
(l) (i) In violations of traffic laws within the court's jurisdiction, the court may, in
addition to any other disposition authorized by this section:
(A) restrain the minor from driving for periods of time the court considers necessary;
and
(B) take possession of the minor's driver license.
(ii) The court may enter any other disposition under Subsection (2)(l)(i). However, the
suspension of driving privileges for an offense under Section 
78A-6-606
 is governed only by
Section 
78A-6-606
.
(m) (i) When a minor is found within the jurisdiction of the juvenile court under
Section 
78A-6-103
 because of violating Section 
58-37-8
, Title 58, Chapter 37a, Utah Drug
Paraphernalia Act, or Title 58, Chapter 37b, Imitation Controlled Substances Act, the court
shall, in addition to any fines or fees otherwise imposed, order that the minor perform a
minimum of 20 hours, but no more than 100 hours, of compensatory service. Satisfactory
completion of an approved substance abuse prevention or treatment program may be credited
by the court as compensatory service hours.
(ii) When a minor is found within the jurisdiction of the juvenile court under Section
78A-6-103
 because of a violation of Section 
32B-4-409
 or Subsection 
76-9-701
(1), the court
may, upon the first adjudication, and shall, upon a second or subsequent adjudication, order
that the minor perform a minimum of 20 hours, but no more than 100 hours of compensatory
service, in addition to any fines or fees otherwise imposed. Satisfactory completion of an
approved substance abuse prevention or treatment program may be credited by the court as
compensatory service hours.
(iii) When a minor is found within the jurisdiction of the juvenile court under Section
78A-6-103
 because of a violation of Section 
76-6-106
 or 
76-6-206
 using graffiti, the court may
order the minor to clean up graffiti created by the minor or any other person at a time and place
within the jurisdiction of the court. Compensatory service required under this section may be
performed in the presence and under the direct supervision of the minor's parent or legal
guardian. The parent or legal guardian shall report completion of the order to the court. The
minor or the minor's parent or legal guardian, if applicable, shall be responsible for removal
costs as determined under Section 
76-6-107
, unless waived by the court for good cause. The
court may also require the minor to perform other alternative forms of restitution or repair to
the damaged property pursuant to Subsection 
77-18-1
(8).
(A) For a first adjudication, the court may require the minor to clean up graffiti for not
less than eight hours.
(B) For a second adjudication, the court may require the minor to clean up graffiti for
not less than 16 hours.
(C) For a third adjudication, the court may require the minor to clean up graffiti for not
less than 24 hours.
(n) (i) Subject to Subsection (2)(n)(iii), the court may order that a minor:
(A) be examined or treated by a physician, surgeon, psychiatrist, or psychologist; or
(B) receive other special care.
(ii) For purposes of receiving the examination, treatment, or care described in
Subsection (2)(n)(i), the court may place the minor in a hospital or other suitable facility.
(iii) In determining whether to order the examination, treatment, or care described in
Subsection (2)(n)(i), the court shall consider:
(A) the desires of the minor;
(B) if the minor is under the age of 18, the desires of the parents or guardian of the
minor; and
(C) whether the potential benefits of the examination, treatment, or care outweigh the
potential risks and side-effects, including behavioral disturbances, suicidal ideation, brain
function impairment, or emotional or physical harm resulting from the compulsory nature of
the examination, treatment, or care.
(iv) The Division of Child and Family Services shall take reasonable measures to
notify a parent or guardian of any non-emergency health treatment or care scheduled for a
child, shall include the parent or guardian as fully as possible in making health care decisions
for the child, and shall defer to the parent's or guardian's reasonable and informed decisions
regarding the child's health care to the extent that the child's health and well being are not
unreasonably compromised by the parent's or guardian's decision.
(v) The Division of Child and Family Services shall notify the parent or guardian of a
child within five business days after a child in the custody of the Division of Child and Family
Services receives emergency health care or treatment.
(vi) The Division of Child and Family Services shall use the least restrictive means to
accomplish a compelling interest in the care and treatment of a child described in this
Subsection (2)(n).
(o) (i) The court may appoint a guardian for the minor if it appears necessary in the
interest of the minor, and may appoint as guardian a public or private institution or agency in
which legal custody of the minor is vested.
(ii) In placing a minor under the guardianship or legal custody of an individual or of a
private agency or institution, the court shall give primary consideration to the welfare of the
minor. When practicable, the court may take into consideration the religious preferences of the
minor and of a child's parents.
(p) (i) In support of a decree under Section 
78A-6-103
, the court may order reasonable
conditions to be complied with by a minor's parents or guardian, a minor, a minor's custodian,
or any other person who has been made a party to the proceedings. Conditions may include:
(A) parent-time by the parents or one parent;
(B) restrictions on the minor's associates;
(C) restrictions on the minor's occupation and other activities; and
(D) requirements to be observed by the parents or custodian.
(ii) A minor whose parents or guardians successfully complete a family or other
counseling program may be credited by the court for detention, confinement, or probation time.
(q) The court may order the child to be committed to the physical custody of a local
mental health authority, in accordance with the procedures and requirements of Title 62A,
Chapter 15, Part 7, Commitment of Persons Under Age 18 to Division of Substance Abuse and
Mental Health.
(r) (i) The court may make an order committing a minor within the court's jurisdiction
to the Utah State Developmental Center if the minor has an intellectual disability in accordance
with the provisions of Title 62A, Chapter 5, Part 3, Admission to an Intermediate Care Facility
for People with an Intellectual Disability.
(ii) The court shall follow the procedure applicable in the district courts with respect to
judicial commitments to the Utah State Developmental Center when ordering a commitment
under Subsection (2)(r)(i).
(s) The court may terminate all parental rights upon a finding of compliance with the
provisions of Title 78A, Chapter 6, Part 5, Termination of Parental Rights Act.
(t) The court may make any other reasonable orders for the best interest of the minor or
as required for the protection of the public, except that a child may not be committed to jail or
prison.
(u) The court may combine the dispositions listed in this section if they are compatible.
(v) Before depriving any parent of custody, the court shall give due consideration to the
rights of parents concerning their child. The court may transfer custody of a minor to another
person, agency, or institution in accordance with the requirements and procedures of Title 78A,
Chapter 6, Part 3, Abuse, Neglect, and Dependency Proceedings.
(w) Except as provided in Subsection (2)(y)(i), an order under this section for
probation or placement of a minor with an individual or an agency shall include a date certain
for a review of the case by the court. A new date shall be set upon each review.
(x) In reviewing foster home placements, special attention shall be given to making
adoptable children available for adoption without delay.
(y) (i) The juvenile court may enter an order of permanent custody and guardianship
with an individual or relative of a child where the court has previously acquired jurisdiction as
a result of an adjudication of abuse, neglect, or dependency. The juvenile court may enter an
order for child support on behalf of the child against the natural or adoptive parents of the
child.
(ii) Orders under Subsection (2)(y)(i):
(A) shall remain in effect until the child reaches majority;
(B) are not subject to review under Section 
78A-6-118
; and
(C) may be modified by petition or motion as provided in Section 
78A-6-1103
.
(iii) Orders permanently terminating the rights of a parent, guardian, or custodian and
permanent orders of custody and guardianship do not expire with a termination of jurisdiction
of the juvenile court.
(3) In addition to the dispositions described in Subsection (2), when a minor comes
within the court's jurisdiction, the minor may be given a choice by the court to serve in the
National Guard in lieu of other sanctions, provided:
(a) the minor meets the current entrance qualifications for service in the National
Guard as determined by a recruiter, whose determination is final;
(b) the minor is not under the jurisdiction of the court for any act that:
(i) would be a felony if committed by an adult;
(ii) is a violation of Title 58, Chapter 37, Utah Controlled Substances Act; or
(iii) was committed with a weapon; and
(c) the court retains jurisdiction over the minor under conditions set by the court and
agreed upon by the recruiter or the unit commander to which the minor is eventually assigned.
(4) (a) A DNA specimen shall be obtained from a minor who is under the jurisdiction
of the court as described in Subsection 
53-10-403
(3). The specimen shall be obtained by
designated employees of the court or, if the minor is in the legal custody of the Division of
Juvenile Justice Services, then by designated employees of the division under Subsection
53-10-404
(5)(b).
(b) The responsible agency shall ensure that employees designated to collect the saliva
DNA specimens receive appropriate training and that the specimens are obtained in accordance
with accepted protocol.
(c) Reimbursements paid under Subsection 
53-10-404
(2)(a) shall be placed in the DNA
Specimen Restricted Account created in Section 
53-10-407
.
(d) Payment of the reimbursement is second in priority to payments the minor is
ordered to make for restitution under this section and treatment under Section 
78A-6-321
.
Section 19. Section 
78A-6-117 (Effective 07/01/18)
 is amended to read:
78A-6-117 (Effective 07/01/18).
Adjudication of jurisdiction of juvenile court --
Disposition of cases -- Enumeration of possible court orders -- Considerations of court.
(1) (a) When a minor is found to come within Section 
78A-6-103
, the court shall so
adjudicate. The court shall make a finding of the facts upon which it bases its jurisdiction over
the minor. However, in cases within Subsection 
78A-6-103
(1), findings of fact are not
necessary.
(b) If the court adjudicates a minor for a crime of violence or an offense in violation of
Title 76, Chapter 10, Part 5, Weapons, it shall order that notice of the adjudication be provided
to the school superintendent of the district in which the minor resides or attends school. Notice
shall be made to the district superintendent within three days of the adjudication and shall
include:
(i) the specific offenses for which the minor was adjudicated; and
(ii) if available, if the victim:
(A) resides in the same school district as the minor; or
(B) attends the same school as the minor.
(c) An adjudicated minor shall undergo a risk screening or, if indicated, a validated risk
and needs assessment. Results of the screening or assessment shall be used to inform
disposition decisions and case planning. Assessment results, if available, may not be shared
with the court before adjudication.
(2) Upon adjudication the court may make the following dispositions by court order:
(a) (i) the court may place the minor on probation or under protective supervision in
the minor's own home and upon conditions determined by the court, including compensatory
service;
(ii) a condition ordered by the court under Subsection (2)(a)(i):
(A) shall be individualized and address a specific risk or need;
(B) shall be based on information provided to the court, including the results of a
validated risk and needs assessment conducted under Subsection (1)(c); and
(C) if the court orders treatment, be based on a validated risk and needs assessment
conducted under Subsection (1)(c);
(iii) a court may not issue a standard order that contains control-oriented conditions;
(iv) prohibitions on weapon possession, where appropriate, shall be specific to the
minor and not the minor's family;
(v) if the court orders probation, the court may direct that notice of the court's order be
provided to designated persons in the local law enforcement agency and the school or
transferee school, if applicable, that the minor attends. The designated persons may receive the
information for purposes of the minor's supervision and student safety; and
(vi) an employee of the local law enforcement agency and the school that the minor
attends who discloses the court's order of probation is not:
(A) civilly liable except when the disclosure constitutes fraud or willful misconduct as
provided in Section 
63G-7-202
; and
(B) civilly or criminally liable except when the disclosure constitutes a knowing
violation of Section 
63G-2-801
.
(b) The court may place the minor in the legal custody of a relative or other suitable
person, with or without probation or [
protective supervision
] 
other court-specified child
welfare services
, but the juvenile court may not assume the function of developing foster home
services.
(c) (i) The court shall only vest legal custody of the minor in the Division of Juvenile
Justice Services and order the Division of Juvenile Justice Services to provide dispositional
recommendations and services if:
(A) nonresidential treatment options have been exhausted or nonresidential treatment
options are not appropriate; and
(B) the minor is adjudicated under this section for a felony offense, a misdemeanor
when the minor has five prior misdemeanors or felony adjudications arising from separate
criminal episodes, or a misdemeanor involving the use of a dangerous weapon as defined in
Section 
76-1-601
.
(ii) The court may not vest legal custody of a minor in the Division of Juvenile Justice
Services for:
(A) contempt of court except to the extent permitted under Section 
78A-6-1101
;
(B) a violation of probation;
(C) failure to pay a fine, fee, restitution, or other financial obligation;
(D) unfinished compensatory or community service hours;
(E) an infraction; or
(F) a status offense.
(iii) (A) A minor who is 18 years old or older, but younger than 21 years old, may
petition the court to express the minor's desire to be removed from the jurisdiction of the
juvenile court and from the custody of the Division of Child and Family Services if the minor
is in the division's custody on grounds of abuse, neglect, or dependency.
(B) If the minor's parent's rights have not been terminated in accordance with Part 5,
Termination of Parental Rights Act, the minor's petition shall contain a statement from the
minor's parent or guardian agreeing that the minor should be removed from the custody of the
Division of Child and Family Services.
(C) The minor and the minor's parent or guardian shall sign the petition.
(D) The court shall review the petition within 14 days.
(E) The court shall remove the minor from the custody of the Division of Child and
Family Services if the minor and the minor's parent or guardian have met the requirements
described in Subsections (2)(c)(iv)(B) and (C) and if the court finds, based on input from the
Division of Child and Family Services, the minor's guardian ad litem, and the Office of the
Attorney General, that the minor does not pose an imminent threat to self or others.
(F) A minor removed from custody under Subsection (2)(c)(iv)(E) may, within 90 days
of the date of removal, petition the court to re-enter custody of the Division of Child and
Family Services.
(G) Upon receiving a petition under Subsection (2)(c)(iv)(F), the court shall order the
Division of Child and Family Services to take custody of the minor based on the findings the
court entered when the court originally vested custody in the Division of Child and Family
Services.
(d) (i) The court shall only commit a minor to the Division of Juvenile Justice Services
for secure confinement if the court finds that the minor poses a risk of harm to others and is
adjudicated under this section for:
(A) a felony offense;
(B) a misdemeanor if the minor has five prior misdemeanor or felony adjudications
arising from separate criminal episodes; or
(C) a misdemeanor involving use of a dangerous weapon as defined in Section
76-1-601
.
(ii) A minor under the jurisdiction of the court solely on the ground of abuse, neglect,
or dependency under Subsection 
78A-6-103
(1)(b) may not be committed to the Division of
Juvenile Justice Services.
(iii) The court may not commit a minor to the Division of Juvenile Justice Services for
secure confinement for:
(A) contempt of court;
(B) a violation of probation;
(C) failure to pay a fine, fee, restitution, or other financial obligation;
(D) unfinished compensatory or community service hours;
(E) an infraction; or
(F) a status offense.
(e) The court may order nonresidential, diagnostic assessment, including substance use
disorder, mental health, psychological, or sexual behavior risk assessment.
(f) (i) The court may commit a minor to a place of detention or an alternative to
detention for a period not to exceed 30 cumulative days per adjudication subject to the court
retaining continuing jurisdiction over the minor. This commitment may not be suspended upon
conditions ordered by the court.
(ii) This Subsection (2)(f) applies only to a minor adjudicated for:
(A) an act which if committed by an adult would be a criminal offense; or
(B) contempt of court under Section 
78A-6-1101
.
(iii) The court may not commit a minor to a place of detention for:
(A) contempt of court except to the extent allowed under Section 
78A-6-1101
;
(B) a violation of probation;
(C) failure to pay a fine, fee, restitution, or other financial obligation;
(D) unfinished compensatory or community service hours;
(E) an infraction; or
(F) a status offense.
(iv) (A) Time spent in detention pre-adjudication shall be credited toward the 30
cumulative days eligible as a disposition under Subsection (2)(f)(i). If the minor spent more
than 30 days in a place of detention before disposition, the court may not commit a minor to
detention under this section.
(B) Notwithstanding Subsection (2)(f)(iv)(A), the court may commit a minor for a
maximum of seven days while a minor is awaiting placement under Subsection (2)(c)(i). Only
the seven days under this Subsection (2)(f)(iv)(B) may be combined with a nonsecure
placement.
(v) Notwithstanding Subsection (2)(t), no more than seven days of detention may be
ordered in combination with an order under Subsection (2)(c)(i).
(g) The court may vest legal custody of an abused, neglected, or dependent minor in
the Division of Child and Family Services or any other appropriate person in accordance with
the requirements and procedures of Title 78A, Chapter 6, Part 3, Abuse, Neglect, and
Dependency Proceedings.
(h) (i) The court may order a minor to repair, replace, or otherwise make restitution for
material loss caused by the minor's wrongful act or for conduct for which the minor agrees to
make restitution.
(ii) A victim has the meaning defined under Subsection 
77-38a-102
(14). A victim of an
offense that involves as an element a scheme, a conspiracy, or a pattern of criminal activity,
includes any person directly harmed by the minor's delinquency conduct in the course of the
scheme, conspiracy, or pattern.
(iii) If the victim and the minor agree to participate, the court may refer the case to a
restorative justice program such as victim offender mediation to address how loss resulting
from the adjudicated act may be addressed.
(iv) For the purpose of determining whether and how much restitution is appropriate,
the court shall consider the following:
(A) restitution shall only be ordered for the victim's material loss;
(B) restitution may not be ordered if the court finds that the minor is unable to pay or
acquire the means to pay; and
(C) any amount paid by the minor to the victim in civil penalty shall be credited against
restitution owed.
(v) Any amount paid to the victim in restitution shall be credited against liability in a
civil suit.
(vi) The court may also require a minor to reimburse an individual, entity, or
governmental agency who offered and paid a reward to a person or persons for providing
information resulting in a court adjudication that the minor is within the jurisdiction of the
juvenile court due to the commission of a criminal offense.
(vii) If a minor is returned to this state under the Interstate Compact on Juveniles, the
court may order the minor to make restitution for costs expended by any governmental entity
for the return.
(viii) The prosecutor shall submit a request for restitution to the court at the time of
disposition, if feasible, otherwise within three months after disposition.
(ix) A financial disposition ordered shall prioritize the payment of restitution.
(i) The court may issue orders necessary for the collection of restitution and fines
ordered by the court, including garnishments, wage withholdings, and executions, except for an
order that changes the custody of the minor, including detention or other secure or nonsecure
residential placements.
(j) (i) The court may through its probation department encourage the development of
nonresidential employment or work programs to enable minors to fulfill their obligations under
Subsection (2)(h) and for other purposes considered desirable by the court.
(ii) Consistent with the order of the court, the probation officer may permit a minor
found to be within the jurisdiction of the court to participate in a program of work restitution or
compensatory service in lieu of paying part or all of the fine imposed by the court.
(iii) The court may order the minor to:
(A) pay a fine, fee, restitution, or other cost; or
(B) complete service hours.
(iv) If the court orders a minor to pay a fine, fee, restitution, or other cost, or to
complete service hours, those dispositions shall be considered collectively to ensure that the
order is reasonable and prioritizes restitution.
(v) If the court orders a minor to pay a fine, fee, or other cost, or complete service
hours, the cumulative order shall be limited per criminal episode as follows:
(A) for children under age 16 at adjudication, the court may impose up to $180 or up to
24 hours of service; and
(B) for minors 16 and older at adjudication, the court may impose up to $270 or up to
36 hours of service.
(vi) The cumulative order under Subsection (2)(j)(v) does not include restitution.
(vii) If the court converts a fine, fee, or restitution amount to service hours, the rate of
conversion shall be no less than the minimum wage.
(k) (i) In violations of traffic laws within the court's jurisdiction, when the court finds
that as part of the commission of the violation the minor was in actual physical control of a
motor vehicle, the court may, in addition to any other disposition authorized by this section:
(A) restrain the minor from driving for periods of time the court considers necessary;
and
(B) take possession of the minor's driver license.
(ii) The court may enter any other eligible disposition under Subsection (2)(k)(i) except
for a disposition under Subsection (2)(c), (d), or (f). However, the suspension of driving
privileges for an offense under Section 
78A-6-606
 is governed only by Section 
78A-6-606
.
(l) (i) The court may order a minor to complete community or compensatory service
hours in accordance with Subsections (2)(j)(iv) and (v).
(ii) When community service is ordered, the presumptive service order shall include
between five and 10 hours of service.
(iii) Satisfactory completion of an approved substance use disorder prevention or
treatment program or other court-ordered condition may be credited by the court as
compensatory service hours.
(iv) When a minor is found within the jurisdiction of the juvenile court under Section
78A-6-103
 because of a violation of Section 
76-6-106
 or 
76-6-206
 using graffiti, the court may
order the minor to clean up graffiti created by the minor or any other person at a time and place
within the jurisdiction of the court. Compensatory service ordered under this section may be
performed in the presence and under the direct supervision of the minor's parent or legal
guardian. The parent or legal guardian shall report completion of the order to the court. The
court may also require the minor to perform other alternative forms of restitution or repair to
the damaged property pursuant to Subsection (2)(h).
(m) (i) Subject to Subsection (2)(m)(iii), the court may order that a minor:
(A) be examined or treated by a physician, surgeon, psychiatrist, or psychologist; or
(B) receive other special care.
(ii) For purposes of receiving the examination, treatment, or care described in
Subsection (2)(m)(i), the court may place the minor in a hospital or other suitable facility that is
not a secure facility or secure detention.
(iii) In determining whether to order the examination, treatment, or care described in
Subsection (2)(m)(i), the court shall consider:
(A) the desires of the minor;
(B) if the minor is under the age of 18, the desires of the parents or guardian of the
minor; and
(C) whether the potential benefits of the examination, treatment, or care outweigh the
potential risks and side-effects, including behavioral disturbances, suicidal ideation, brain
function impairment, or emotional or physical harm resulting from the compulsory nature of
the examination, treatment, or care.
(iv) The Division of Child and Family Services shall take reasonable measures to
notify a parent or guardian of any non-emergency health treatment or care scheduled for a
child, shall include the parent or guardian as fully as possible in making health care decisions
for the child, and shall defer to the parent's or guardian's reasonable and informed decisions
regarding the child's health care to the extent that the child's health and well being are not
unreasonably compromised by the parent's or guardian's decision.
(v) The Division of Child and Family Services shall notify the parent or guardian of a
child within five business days after a child in the custody of the Division of Child and Family
Services receives emergency health care or treatment.
(vi) The Division of Child and Family Services shall use the least restrictive means to
accomplish a compelling interest in the care and treatment of a child described in this
Subsection (2)(m).
(n) (i) The court may appoint a guardian for the minor if it appears necessary in the
interest of the minor, and may appoint as guardian a public or private institution or agency, but
not a nonsecure residential placement provider, in which legal custody of the minor is vested.
(ii) In placing a minor under the guardianship or legal custody of an individual or of a
private agency or institution, the court shall give primary consideration to the welfare of the
minor. When practicable, the court may take into consideration the religious preferences of the
minor and of a child's parents.
(o) (i) In support of a decree under Section 
78A-6-103
, the court may order reasonable
conditions to be complied with by a minor's parents or guardian, a minor's custodian, or any
other person who has been made a party to the proceedings. Conditions may include:
(A) parent-time by the parents or one parent;
(B) restrictions on the minor's associates;
(C) restrictions on the minor's occupation and other activities; and
(D) requirements to be observed by the parents or custodian.
(ii) A minor whose parents or guardians successfully complete a family or other
counseling program may be credited by the court for detention, confinement, or probation time.
(p) The court may order the child to be committed to the physical custody of a local
mental health authority, in accordance with the procedures and requirements of Title 62A,
Chapter 15, Part 7, Commitment of Persons Under Age 18 to Division of Substance Abuse and
Mental Health.
(q) (i) The court may make an order committing a minor within the court's jurisdiction
to the Utah State Developmental Center if the minor has an intellectual disability in accordance
with Title 62A, Chapter 5, Part 3, Admission to an Intermediate Care Facility for People with
an Intellectual Disability.
(ii) The court shall follow the procedure applicable in the district courts with respect to
judicial commitments to the Utah State Developmental Center when ordering a commitment
under Subsection (2)(q)(i).
(r) The court may terminate all parental rights upon a finding of compliance with Title
78A, Chapter 6, Part 5, Termination of Parental Rights Act.
(s) The court may make other reasonable orders for the best interest of the minor and as
required for the protection of the public, except that a child may not be committed to jail,
prison, secure detention, or the custody of the Division of Juvenile Justice Services under
Subsections (2)(c) and (d).
(t) The court may combine the dispositions listed in this section if it is permissible and
they are compatible.
(u) Before depriving any parent of custody, the court shall give due consideration to the
rights of parents concerning their child. The court may transfer custody of a minor to another
person, agency, or institution in accordance with the requirements and procedures of Title 78A,
Chapter 6, Part 3, Abuse, Neglect, and Dependency Proceedings.
(v) Except as provided in Subsection (2)(x)(i), an order under this section for probation
or placement of a minor with an individual or an agency shall include a date certain for a
review and presumptive termination of the case by the court in accordance with Subsection (6)
and Section 
62A-7-404
. A new date shall be set upon each review.
(w) In reviewing foster home placements, special attention shall be given to making
adoptable children available for adoption without delay.
(x) (i) The juvenile court may enter an order of permanent custody and guardianship
with an individual or relative of a child where the court has previously acquired jurisdiction as
a result of an adjudication of abuse, neglect, or dependency. The juvenile court may enter an
order for child support on behalf of the child against the natural or adoptive parents of the
child.
(ii) Orders under Subsection (2)(x)(i):
(A) shall remain in effect until the child reaches majority;
(B) are not subject to review under Section 
78A-6-118
; and
(C) may be modified by petition or motion as provided in Section 
78A-6-1103
.
(iii) Orders permanently terminating the rights of a parent, guardian, or custodian and
permanent orders of custody and guardianship do not expire with a termination of jurisdiction
of the juvenile court.
(3) In addition to the dispositions described in Subsection (2), when a minor comes
within the court's jurisdiction, the minor may be given a choice by the court to serve in the
National Guard in lieu of other sanctions, provided:
(a) the minor meets the current entrance qualifications for service in the National
Guard as determined by a recruiter, whose determination is final;
(b) the minor is not under the jurisdiction of the court for any act that:
(i) would be a felony if committed by an adult;
(ii) is a violation of Title 58, Chapter 37, Utah Controlled Substances Act; or
(iii) was committed with a weapon; and
(c) the court retains jurisdiction over the minor under conditions set by the court and
agreed upon by the recruiter or the unit commander to which the minor is eventually assigned.
(4) (a) A DNA specimen shall be obtained from a minor who is under the jurisdiction
of the court as described in Subsection 
53-10-403
(3). The specimen shall be obtained by
designated employees of the court or, if the minor is in the legal custody of the Division of
Juvenile Justice Services, then by designated employees of the division under Subsection
53-10-404
(5)(b).
(b) The responsible agency shall ensure that employees designated to collect the saliva
DNA specimens receive appropriate training and that the specimens are obtained in accordance
with accepted protocol.
(c) Reimbursements paid under Subsection 
53-10-404
(2)(a) shall be placed in the DNA
Specimen Restricted Account created in Section 
53-10-407
.
(d) Payment of the reimbursement is second in priority to payments the minor is
ordered to make for restitution under this section and treatment under Section 
78A-6-321
.
(5) (a) A disposition made by the court pursuant to this section may not be suspended,
except for the following:
(i) If a minor qualifies for commitment to the Division of Juvenile Justice Services
under Subsection (2)(c) or (d), the court may suspend a custody order pursuant to Subsection
(2)(c) or (d) in lieu of immediate commitment, upon the condition that the minor commit no
new misdemeanor or felony offense during the three months following the day of disposition.
(ii) The duration of a suspended custody order made under Subsection (5)(a)(i) may not
exceed three months post-disposition and may not be extended under any circumstance.
(iii) The court may only impose a custody order suspended under Subsection (5)(a)(i)
following adjudication of a new misdemeanor or felony offense committed by the minor during
the period of suspension set out under Subsection (5)(a)(ii).
(b) The court pursuant to Subsection (5)(a) shall terminate jurisdiction over the minor
at the end of the presumptive time frame unless at least one the following circumstances exists:
(i) termination pursuant to Subsection (6)(a)(ii) would interrupt the completion of a
program determined to be necessary by the results of a validated risk and needs assessment
with completion found by the court after considering the recommendation of a licensed service
provider on the basis of the minor completing the goals of the necessary treatment program;
(ii) the minor commits a new misdemeanor or felony offense;
(iii) service hours have not been completed; or
(iv) there is an outstanding fine.
(6) When the court places a minor on probation under Subsection (2)(a) or vests legal
custody of the minor in the Division of Juvenile Justice Services under Subsection (2)(c), the
court shall do so for a defined period of time pursuant to this section.
(a) For the purposes of placing a minor on probation under Subsection (2)(a), the court
shall establish a presumptive term of probation as specified in this Subsection (6):
(i) the presumptive maximum length of intake probation may not exceed three months;
and
(ii) the presumptive maximum length of formal probation may not exceed four to six
months.
(b) For the purposes of vesting legal custody of the minor in the Division of Juvenile
Justice Services under Subsection (2)(c), the court shall establish a maximum term of custody
and a maximum term of aftercare as specified in this Subsection (6):
(i) the presumptive maximum length of out-of-home placement may not exceed three
to six months; and
(ii) the presumptive maximum length of aftercare supervision, for those previously
placed out-of-home, may not exceed three to four months, and minors may serve the term of
aftercare in the home of a qualifying relative or guardian or at an independent living program
contracted or operated by the Division of Juvenile Justice Services.
(c) The court pursuant to Subsections (6)(a) and (b), and the Youth Parole Authority
pursuant to Subsection (6)(b), shall terminate jurisdiction over the minor at the end of the
presumptive time frame unless at least one of the following circumstances exists:
(i) termination pursuant to Subsection (6)(a)(ii) would interrupt the completion of a
court ordered program determined to be necessary by the results of a validated assessment, with
completion found by the court after considering the recommendations of a licensed service
provider on the basis of the minor completing the goals of the necessary treatment program;
(ii) termination pursuant to Subsection (6)(a)(i) or (6)(b) would interrupt the
completion of a program determined to be necessary by the results of a validated assessment,
with completion determined on the basis of whether the minor has regularly and consistently
attended the treatment program and completed the goals of the necessary treatment program as
determined by the Youth Parole Authority after considering the recommendation of a licensed
service provider;
(iii) the minor commits a new misdemeanor or felony offense;
(iv) service hours have not been completed; or
(v) there is an outstanding fine.
(d) (i) Subject to Subsection (6)(g), if one of the circumstances under Subsection
(6)(c)(i), (ii), (iii), or (iv) exists, the court may extend jurisdiction for the time needed to
address the specific circumstance.
(ii) Subject to Subsection (6)(g), if one of the circumstances under Subsection (6)(c)(i),
(ii), (iii), or (iv) exists, and the Youth Parole Authority has jurisdiction, the Youth Parole
Authority may extend jurisdiction for the time needed to address the specific circumstance.
(e) If the circumstance under Subsection (6)(c)(iv) exists, the court, or the Youth
Parole Authority if the Youth Parole Authority has jurisdiction, may extend jurisdiction one
time for up to three months.
(f) Grounds for extension of the presumptive length of supervision or placement and
the length of any extension shall be recorded in the court record or records of the Youth Parole
Authority if the Youth Parole Authority has jurisdiction, and tracked in the data system used by
the Administrative Office of the Courts and the Division of Juvenile Justice Services.
(g) (i) For a minor who is under the supervision of the juvenile court and whose
supervision is extended to complete service hours under Subsection (6)(c)(iv), jurisdiction may
only be continued under the supervision of intake probation.
(ii) For a minor who is under the jurisdiction of the Youth Parole Authority whose
supervision is extended to complete service hours under Subsection (6)(c)(iv), jurisdiction may
only be continued on parole and not in secure confinement.
(h) In the event of an unauthorized leave lasting more than 24 hours, the supervision
period shall toll until the minor returns.
(7) Subsection (6) does not apply to any minor adjudicated under this section for:
(a) Section 
76-5-103
, aggravated assault resulting in serious bodily injury to another;
(b) Section 
76-5-202
, attempted aggravated murder;
(c) Section 
76-5-203
, murder or attempted murder;
(d) Section 
76-5-302
, aggravated kidnapping;
(e) Section 
76-5-405
, aggravated sexual assault;
(f) a felony violation of Section 
76-6-103
, aggravated arson;
(g) Section 
76-6-203
, aggravated burglary;
(h) Section 
76-6-302
, aggravated robbery;
(i) Section 
76-10-508.1
, felony discharge of a firearm; or
(j) an offense other than those listed in Subsections (7)(a) through (i) involving the use
of a dangerous weapon, as defined in Section 
76-1-601
, that is a felony, and the minor has been
previously adjudicated or convicted of an offense involving the use of a dangerous weapon.
Section 20. Section 
78A-6-307
 is amended to read:
78A-6-307.
Shelter hearing -- Placement -- DCFS custody.
(1) As used in this section:
(a) "Friend" means an adult the child knows and is comfortable with 
but who is not a
natural parent or relative
.
(b) (i) "Natural parent," notwithstanding the provisions of Section 
78A-6-105
, means:
(A) a biological or adoptive mother;
(B) an adoptive father; or
(C) a biological father who:
(I) was married to the child's biological mother at the time the child was conceived or
born; or
(II) has strictly complied with the provisions of Sections 
78B-6-120
 through
78B-6-122
, prior to removal of the child or voluntary surrender of the child by the custodial
parent.
(ii) The definition of "natural parent" described in Subsection (1)(b)(i) applies
regardless of whether the child has been or will be placed with adoptive parents or whether
adoption has been or will be considered as a long-term goal for the child.
(c) "Relative" means:
(i) an adult who is a grandparent, great grandparent, aunt, great aunt, uncle, great uncle,
brother-in-law, sister-in-law, stepparent, first cousin, stepsibling, sibling of a child, or a first
cousin of the child's parent;
(ii) an adult who is an adoptive parent of the child's sibling; or
(iii) in the case of a child defined as an "Indian" under the Indian Child Welfare Act, 25
U.S.C. Sec. 1903, "relative" also means an "extended family member" as defined by that
statute.
(2) (a) At the shelter hearing, when the court orders that a child be removed from the
custody of the child's parent in accordance with the requirements of Section 
78A-6-306
, the
court shall first determine whether there is another natural parent with whom the child was not
residing at the time the events or conditions that brought the child within the court's jurisdiction
occurred, who desires to assume custody of the child.
(b) If another natural parent requests custody under Subsection (2)(a), the court shall
place the child with that parent unless it finds that the placement would be unsafe or otherwise
detrimental to the child.
(c) The provisions of this Subsection (2) are limited by the provisions of Subsection
(18)(b).
(d) (i) The court shall make a specific finding regarding the fitness of the parent
described in Subsection (2)(b) to assume custody, and the safety and appropriateness of the
placement.
(ii) The court shall, at a minimum, order the division to visit the parent's home, comply
with the criminal background check provisions described in Section 
78A-6-308
, and check the
division's management information system for any previous reports of abuse or neglect
received by the division regarding the parent at issue.
(iii) The court may order the division to conduct any further investigation regarding the
safety and appropriateness of the placement.
(iv) The division shall report its findings in writing to the court.
(v) The court may place the child in the temporary custody of the division, pending its
determination regarding that placement.
(3) If the court orders placement with a parent under Subsection (2):
(a) the child and the parent are under the continuing jurisdiction of the court;
(b) the court may order:
(i) that the parent assume custody subject to the supervision of the court; and
(ii) that services be provided to the parent from whose custody the child was removed,
the parent who has assumed custody, or both; and
(c) the court shall order reasonable parent-time with the parent from whose custody the
child was removed, unless parent-time is not in the best interest of the child.
(4) The court shall periodically review an order described in Subsection (3) to
determine whether:
(a) placement with the parent continues to be in the child's best interest;
(b) the child should be returned to the original custodial parent;
(c) the child should be placed in the custody of a relative, pursuant to Subsections (7)
through (12); or
(d) the child should be placed in the custody of the division.
(5) The time limitations described in Section 
78A-6-312
 with regard to reunification
efforts, apply to children placed with a previously noncustodial parent in accordance with
Subsection (2).
(6) Legal custody of the child is not affected by an order entered under Subsection (2)
or (3). In order to affect a previous court order regarding legal custody, the party must petition
that court for modification of the order.
(7) If, at the time of the shelter hearing, a child is removed from the custody of the
child's parent and is not placed in the custody of the child's other parent, the court:
(a) shall, at that time, determine whether, subject to Subsections (18)(c) through (e),
there is a relative of the child or a friend of a parent of the child who is able and willing to care
for the child;
(b) may order the division to conduct a reasonable search to determine whether, subject
to Subsections (18)(c) through (e), there are relatives of the child or friends of a parent of the
child who are willing and appropriate, in accordance with the requirements of this part and
Title 62A, Chapter 4a, Part 2, Child Welfare Services, for placement of the child;
(c) shall order the parents to cooperate with the division, within five working days, to,
subject to Subsections (18)(c) through (e), provide information regarding relatives of the child
or friends who may be able and willing to care for the child; and
(d) may order that the child be placed in the custody of the division pending the
determination under Subsection (7)(a).
(8) This section may not be construed as a guarantee that an identified relative or friend
will receive custody of the child.
(9) Subject to Subsections (18)(c) through (e), preferential consideration shall be given
to a relative's or a friend's request for placement of the child, if it is in the best interest of the
child, and the provisions of this section are satisfied.
(10) (a) If a willing relative or friend is identified under Subsection (7)(a), the court
shall make a specific finding regarding:
(i) the fitness of that relative or friend as a placement for the child; and
(ii) the safety and appropriateness of placement with that relative or friend.
(b) In order to be considered a "willing relative or friend" under this section, the
relative or friend shall be willing to cooperate with the child's permanency goal.
(11) (a) In making the finding described in Subsection (10)(a), the court shall, at a
minimum, order the division to:
(i) if the child may be placed with a relative of the child, conduct a background check
that includes:
(A) completion of a nonfingerprint-based, Utah Bureau of Criminal Identification
background check of the relative;
(B) a completed search, relating to the relative, of the Management Information System
described in Section 
62A-4a-1003
; and
(C) a background check that complies with the criminal background check provisions
described in Section 
78A-6-308
, of each nonrelative, as defined in Subsection
62A-4a-209
(1)(b), of the child who resides in the household where the child may be placed;
(ii) if the child will be placed with a noncustodial parent of the child, complete a
background check that includes:
(A) the background check requirements applicable to an emergency placement with a
noncustodial parent that are described in Subsections 
62A-4a-209
(5) and (7);
(B) a completed search, relating to the noncustodial parent of the child, of the
Management Information System described in Section 
62A-4a-1003
; and
(C) a background check that complies with the criminal background check provisions
described in Section 
78A-6-308
, of each nonrelative, as defined in Subsection
62A-4a-209
(1)(b), of the child who resides in the household where the child may be placed;
(iii) if the child may be placed with an individual other than a noncustodial parent or a
relative of the child, conduct a criminal background check of the individual, and each adult that
resides in the household where the child may be placed, that complies with the criminal
background check provisions described in Section 
78A-6-308
;
(iv) visit the relative's or friend's home;
(v) check the division's management information system for any previous reports of
abuse or neglect regarding the relative or friend at issue;
(vi) report the division's findings in writing to the court; and
(vii) provide sufficient information so that the court may determine whether:
(A) the relative or friend has any history of abusive or neglectful behavior toward other
children that may indicate or present a danger to this child;
(B) the child is comfortable with the relative or friend;
(C) the relative or friend recognizes the parent's history of abuse and is committed to
protect the child;
(D) the relative or friend is strong enough to resist inappropriate requests by the parent
for access to the child, in accordance with court orders;
(E) the relative or friend is committed to caring for the child as long as necessary; and
(F) the relative or friend can provide a secure and stable environment for the child.
(b) The division may determine to conduct, or the court may order the division to
conduct, any further investigation regarding the safety and appropriateness of the placement.
(c) The division shall complete and file its assessment regarding placement with a
relative or friend as soon as practicable, in an effort to facilitate placement of the child with a
relative or friend.
(12) (a) The court may place a child described in Subsection (2)(a) in the temporary
custody of the division, pending the division's investigation pursuant to Subsections (10) and
(11), and the court's determination regarding the appropriateness of that placement.
(b) The court shall ultimately base its determination regarding the appropriateness of a
placement with a relative or friend on the best interest of the child.
(13) When [
the court awards custody and guardianship of a child with a relative or
friend
] 
a court places a child described in Subsection (7) in the custody of the child's relative or
friend
:
(a) the court [
shall order that
]:
(i) 
shall order
 the relative or friend assume custody, subject to the continuing
supervision of the court; and
(ii) [
any necessary services be provided to the child and the relative or friend
] 
may
order the division provide necessary services to the child and the child's relative or friend,
including the monitoring of the child's safety and well-being
;
(b) the child and [
any
] 
the
 relative or friend [
with whom
] 
in whose custody
 the child is
placed are under the continuing jurisdiction of the court;
(c) the court may enter any order that it considers necessary for the protection and best
interest of the child;
(d) the court shall provide for reasonable parent-time with the parent or parents from
whose custody the child was removed, unless parent-time is not in the best interest of the child;
and
(e) the court shall conduct a periodic review no less often than every six months, to
determine whether:
(i) placement with the relative or friend continues to be in the child's best interest;
(ii) the child should be returned home; or
(iii) the child should be placed in the custody of the division.
(14) No later than 12 months after placement with a relative or friend, the court shall
schedule a hearing for the purpose of entering a permanent order in accordance with the best
interest of the child.
(15) The time limitations described in Section 
78A-6-312
, with regard to reunification
efforts, apply to children placed with a relative or friend pursuant to Subsection (7).
(16) (a) If the court awards custody of a child to the division, and the division places
the child with a relative, the division shall:
(i) conduct a criminal background check of the relative that complies with the criminal
background check provisions described in Section 
78A-6-308
; and
(ii) if the results of the criminal background check described in Subsection (16)(a)(i)
would prohibit the relative from having direct access to the child under Section 
62A-2-120
, the
division shall:
(A) take the child into physical custody; and
(B) within three days, excluding weekends and holidays, after taking the child into
physical custody under Subsection (16)(a)(ii)(A), give written notice to the court, and all
parties to the proceedings, of the division's action.
(b) Nothing in Subsection (16)(a) prohibits the division from placing a child with a
relative, pending the results of the background check described in Subsection (16)(a) on the
relative.
(17) When the court orders that a child be removed from the custody of the child's
parent and does not award custody and guardianship to another parent, relative, or friend under
this section, the court shall order that the child be placed in the temporary custody of the
Division of Child and Family Services, to proceed to adjudication and disposition and to be
provided with care and services in accordance with this chapter and Title 62A, Chapter 4a,
Child and Family Services.
(18) (a) Any preferential consideration that a relative or friend is initially granted
pursuant to Subsection (9) expires 120 days from the date of the shelter hearing. After that
time period has expired, a relative or friend who has not obtained custody or asserted an
interest in a child, may not be granted preferential consideration by the division or the court.
(b) When the time period described in Subsection (18)(a) has expired, the preferential
consideration, which is initially granted to a natural parent in accordance with Subsection (2),
is limited. After that time the court shall base its custody decision on the best interest of the
child.
(c) Prior to the expiration of the 120-day period described in Subsection (18)(a), the
following order of preference shall be applied when determining the person with whom a child
will be placed, provided that the person is willing, and has the ability, to care for the child:
(i) a noncustodial parent of the child;
(ii) a relative of the child;
(iii) subject to Subsection (18)(d), a friend of a parent of the child, if the friend is a
licensed foster parent; and
(iv) other placements that are consistent with the requirements of law.
(d) In determining whether a friend is a willing and appropriate placement for a child,
neither the court, nor the division, is required to consider more than one friend designated by
each parent of the child.
(e) If a parent of the child is not able to designate a friend who is a licensed foster
parent for placement of the child, but is able to identify a friend who is willing to become
licensed as a foster parent:
(i) the department shall fully cooperate to expedite the licensing process for the friend;
and
(ii) if the friend becomes licensed as a foster parent within the time frame described in
Subsection (18)(a), the court shall determine whether it is in the best interests of the child to
place the child with the friend.
(19) If, following the shelter hearing, the child is placed with a person who is not a
parent of the child, a relative of the child, a friend of a parent of the child, or a former foster
parent of the child, priority shall be given to a foster placement with a man and a woman who
are married to each other, unless it is in the best interests of the child to place the child with a
single foster parent.
(20) In determining the placement of a child, neither the court, nor the division, may
take into account, or discriminate against, the religion of a person with whom the child may be
placed, unless the purpose of taking religion into account is to place the child with a person or
family of the same religion as the child.
Section 21. Section 
78A-6-318
 is amended to read:
78A-6-318.
Review of foster care removal -- Foster parent's standing.
(1) With regard to a child in the custody of the Division of Child and Family Services
who is the subject of a petition alleging abuse, neglect, or dependency, and who has been
placed in foster care with a foster family, the Legislature finds that:
(a) except with regard to the child's natural parents, a foster family has a very limited
but recognized interest in its familial relationship with the child; and
(b) children in the custody of the division are experiencing multiple changes in foster
care placements with little or no documentation, and that numerous studies of child growth and
development emphasize the importance of stability in foster care living arrangements.
(2) For the reasons described in Subsection (1), the Legislature finds that, except with
regard to the child's natural parents, procedural due process protections must be provided to a
foster family prior to removal of a foster child from the foster home.
(3) (a) A foster parent who has had a foster child in the foster parent's home for 12
months or longer may petition the juvenile court for a review and determination of the
appropriateness of a decision by the Division of Child and Family Services to remove the child
from the foster home, unless the removal was for the purpose of:
(i) returning the child to the child's natural parent or legal guardian;
(ii) immediately placing the child in an approved adoptive home;
(iii) placing the child with a relative, as defined in Subsection 
78A-6-307
(1)[
(c)
], who
obtained custody or asserted an interest in the child within the preference period described in
Subsection 
78A-6-307
(18)(a); or
(iv) placing an Indian child in accordance with preplacement preferences and other
requirements described in the Indian Child Welfare Act, 25 U.S.C. Sec. 1915.
(b) The foster parent may petition the court under this section without exhausting
administrative remedies within the division.
(c) The court may order the division to place the child in a specified home, and shall
base its determination on the best interest of the child.
(4) The requirements of this section do not apply to the removal of a child based on a
foster parent's request for that removal.
Section 22. 
Effective date.
This bill takes effect on May 8, 2018, except that the amendments to Sections
78A-6-113
 (Effective 07/01/18) and 
78A-6-117
 (Effective 07/01/18) take effect on July 1,
2018.