Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 290 (2023GS)

Sponsor

Sen. Weiler, T.

Final action

Governor Signed 3/14/2023

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• amends the original jurisdiction of the juvenile court;
• allows for the juvenile court to enter an order with special findings regarding the abuse, neglect, or dependence of a noncitizen child; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Tue, Feb 28, 2023 at 11:34 AM by lpoole.
JUVENILE COURT MODIFICATIONS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Todd D. Weiler
House Sponsor: 
 Jon Hawkins
LONG TITLE
General Description:
This bill amends provisions related to the juvenile court.
Highlighted Provisions:
This bill:
▸ amends the original jurisdiction of the juvenile court;
▸ allows for the juvenile court to enter an order with special findings regarding the
abuse, neglect, or dependence of a noncitizen child; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
78A-6-103
, as last amended by Laws of Utah 2022, Chapters 155, 335
ENACTS:
80-3-505
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
78A-6-103
 is amended to read:
78A-6-103.
Original jurisdiction of the juvenile court -- Magistrate functions --
Findings -- Transfer of a case from another court.
(1) Except as otherwise provided by Sections 
78A-5-102.5
 and 
78A-7-106
, the juvenile
court has original jurisdiction over:
(a) a felony, misdemeanor, infraction, or violation of an ordinance, under municipal,
state, or federal law, that was committed by a child;
(b) a felony, misdemeanor, infraction, or violation of an ordinance, under municipal,
state, or federal law, that was committed by an individual:
(i) who is under 21 years old at the time of all court proceedings; and
(ii) who was under 18 years old at the time the offense was committed; and
(c) a misdemeanor, infraction, or violation of an ordinance, under municipal or state
law, that was committed:
(i) by an individual:
(A) who was 18 years old and enrolled in high school at the time of the offense; and
(B) who is under 21 years old at the time of all court proceedings; and
(ii) on school property where the individual was enrolled:
(A) when school was in session; or
(B) during a school-sponsored activity, as defined in Subsection 
53G-8-211
(1)(k).
(2) The juvenile court has original jurisdiction over any proceeding concerning:
(a) a child who is an abused child, neglected child, or dependent child;
(b) a protective order for a child in accordance with Title 78B, Chapter 7, Part 2, Child
Protective Orders;
(c) the appointment of a guardian of the individual or other guardian of a minor who
comes within the court's jurisdiction under other provisions of this section;
(d) the emancipation of a minor in accordance with Title 80, Chapter 7, Emancipation;
(e) the termination of parental rights in accordance with Title 80, Chapter 4,
Termination and Restoration of Parental Rights, including termination of residual parental
rights and duties;
(f) the treatment or commitment of a minor who has an intellectual disability;
(g) the judicial consent to the marriage of a minor who is 16 or 17 years old in
accordance with Section 
30-1-9
;
(h) an order for a parent or a guardian of a child under Subsection 
80-6-705
(3);
(i) a minor under Title 80, Chapter 6, Part 11, Interstate Compact for Juveniles;
(j) the treatment or commitment of a child with a mental illness;
(k) the commitment of a child to a secure drug or alcohol facility in accordance with
Section 
62A-15-301
;
(l) a minor found not competent to proceed in accordance with Title 80, Chapter 6, Part
4, Competency;
(m) de novo review of final agency actions resulting from an informal adjudicative
proceeding as provided in Section 
63G-4-402
;
(n) adoptions conducted in accordance with the procedures described in Title 78B,
Chapter 6, Part 1, Utah Adoption Act, if the juvenile court has previously entered an order
terminating the rights of a parent and finds that adoption is in the best interest of the child;
(o) an ungovernable or runaway child who is referred to the juvenile court by the
Division of Juvenile Justice Services if, despite earnest and persistent efforts by the Division of
Juvenile Justice Services, the child has demonstrated that the child:
(i) is beyond the control of the child's parent, guardian, or custodian to the extent that
the child's behavior or condition endangers the child's own welfare or the welfare of others; or
(ii) has run away from home; and
(p) a criminal information filed under Part 4a, Adult Criminal Proceedings, for an adult
alleged to have committed an offense under Subsection 
78A-6-352
(4)(b) for failure to comply
with a promise to appear and bring a child to the juvenile court.
(3) The juvenile court has original jurisdiction over a petition for special findings under
Section 
80-3-505
.
[
(3)
] 
(4)
 It is not necessary for a minor to be adjudicated for an offense or violation of
the law under Section 
80-6-701
, for the juvenile court to exercise jurisdiction under Subsection
(2)(p).
[
(4)
] 
(5)
 This section does not restrict the right of access to the juvenile court by private
agencies or other persons.
[
(5)
] 
(6)
 The juvenile court has jurisdiction of all magistrate functions relative to cases
arising under Title 80, Chapter 6, Part 5, Transfer to District Court.
[
(6)
] 
(7)
 The juvenile court has jurisdiction to make a finding of substantiated,
unsubstantiated, or without merit, in accordance with Section 
80-3-404
.
[
(7)
] 
(8)
 The juvenile court has jurisdiction over matters transferred to the juvenile
court by another trial court in accordance with Subsection 
78A-7-106
(4) and Section 
80-6-303
.
Section 2. Section 
80-3-505
 is enacted to read:
Part 5. Miscellaneous Hearings and Petitions
 80-3-505.
Petition for special findings for at-risk noncitizen child.
(1) As used in this section:
(a) "At-risk" means there is reasonable cause to suspect that:
(i) a noncitizen child's health, safety, and welfare is, or has been, in jeopardy due to
abuse, neglect, abandonment, or similar circumstances; and
(ii) the return of the noncitizen child to the noncitizen child's, or the noncitizen child's
parent's, country of origin or country of last habitual residence is not in the best interest of the
noncitizen child.
(b) "Noncitizen child" means an unmarried individual:
(i) who is younger than 21 years old; and
(ii) who is not a citizen of the United States.
(c) "Dependent on the court" means subject to the jurisdiction of the juvenile or district
court to make decisions concerning the protection, well-being, care, and custody of a
noncitizen child for findings, orders, or referrals to:
(i) support the health, safety, and welfare of the noncitizen child; or
(ii) remedy the effects on the noncitizen child of abuse, neglect, abandonment, or
similar circumstances.
(d) "Similar circumstances" means a condition or conditions that have an effect on a
noncitizen child comparable to abuse, neglect, or abandonment, including the death of a parent.
(2) A noncitizen child who is at-risk may petition the juvenile court for special findings
regarding the abuse, neglect, abandonment, or similar circumstances of the noncitizen child.
(3) Upon reviewing a petition under Subsection (2) and any supporting evidence, the
juvenile court shall enter an order with special findings that determine whether:
(a) the noncitizen child:
(i) is dependent on the court;
(ii) is in the custody of the division or another appropriate person by order of the
juvenile court; or
(iii) has been appointed a guardian by a court;
(b) the noncitizen child has suffered from abuse, neglect, abandonment, or similar
circumstances;
(c) the noncitizen child may not be viably reunified with one or both of the noncitizen
child's parents due to abuse, neglect, abandonment, or similar circumstances; and
(d) the noncitizen child may not be returned to the noncitizen child's, or the noncitizen
child's parent's, country of origin or country of last habitual residence because it is not in the
best interest of the child.
(4) In determining the best interest of the noncitizen child under Subsection (3)(d), the
court shall consider:
(a) the health, safety, and welfare of the child to be the paramount concern for the
noncitizen child; and
(b) whether the present and past living conditions will adversely affect the noncitizen
child's physical, mental, or emotional health.
(5) If the identity or location of the noncitizen child's parents is unknown or if the
noncitizen child's parents reside outside the United States, the juvenile court may serve notice
using any alternative method of service the court determines is appropriate or waive service.
(6) The juvenile court shall hear, adjudicate, and issue findings of fact on any petition
for special findings under this section as soon as it is administratively feasible and before the
noncitizen child is 21 years old.
(7) (a) The juvenile court may refer a noncitizen child who is the subject of a petition
for special findings under this section for psychiatric, psychological, educational, occupational,
medical, dental, or social services or for protection against human trafficking or domestic
violence.
(b) A noncitizen child's participation in a referred service under Subsection (7)(a) is
voluntary.
(8)
Ŝ→ [
(a)
] ←Ŝ
This section does not
Ŝ→ 
:
148a 
(a)
 ←Ŝ
limit a noncitizen child from petitioning for special
findings
Ŝ→ [
for a petition
] ←Ŝ
under any other provision of law or from any other rights and
149a 
remedies
available to the child under any other provision of law
Ŝ→ [
.
] 
;
 ←Ŝ
Ŝ→ [
(b) This section does not
] 
(b)
 ←Ŝ
limit the juvenile court from issuing similar findings
151a 
of fact
for a noncitizen child in any other proceeding concerning the noncitizen child
Ŝ→ [
.
] 
; or
152a 
(c) constitute an adjudication for abuse, neglect, or dependency under this chapter.
 ←Ŝ