Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 134 (2024GS)

Sponsor

Sen. Harper, W.

Final action

Governor Signed 3/14/2024

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• extends the sunset date for the Interdisciplinary Parental Representation Pilot Program from December 31, 2024, to December 31, 2026;
• extends certain deadlines related to contested adoptions;
• clarifies that the Division of Child and Family Services shall provide necessary information when filing a complaint for failure to report child abuse or neglect; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

This document includes Senate Committee Amendments incorporated into the bill on Fri, Jan 26, 2024 at 2:03 PM by lpoole.
CHILD WELFARE AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Wayne A. Harper
House Sponsor: 
 Christine F. Watkins
LONG TITLE
General Description:
This bill amends provisions relating to child welfare.
Highlighted Provisions:
This bill:
▸ extends the sunset date for the Interdisciplinary Parental Representation Pilot
Program from December 31, 2024, to December 31, 2026;
▸ extends certain deadlines related to contested adoptions;
▸ clarifies that the Division of Child and Family Services shall provide necessary
information when filing a complaint for failure to report child abuse or neglect; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
63I-1-278
, as last amended by Laws of Utah 2022, Chapters 188, 318, 384, and 423
78B-6-133
, as last amended by Laws of Utah 2021, Chapter 262
80-2-608
, as enacted by Laws of Utah 2022, Chapter 334
80-2-609
, as last amended by Laws of Utah 2022, Chapter 415 and renumbered and
amended by Laws of Utah 2022, Chapter 334
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
63I-1-278
 is amended to read:
63I-1-278.
Repeal dates: Title 78A and Title 78B.
(1) Subsections 
78A-2-301
(4) and 
78A-2-301.5
(12), regarding the suspension of filing
fees for petitions for expungement, are repealed on July 1, 2023.
(2) Section 
78B-3-421
, regarding medical malpractice arbitration agreements, is
repealed July 1, 2029.
(3) Subsection 
78A-7-106
(6), regarding the transfer of a criminal action involving a
domestic violence offense from the justice court to the district court, is repealed on July 1,
2024.
(4) Section 
78B-4-518
, regarding the limitation on employer liability for an employee
convicted of an offense, is repealed on July 1, 2025.
(5) Title 78B, Chapter 6, Part 2, Alternative Dispute Resolution Act, is repealed July 1,
2026.
(6) Title 78B, Chapter 12, Part 4, Advisory Committee, which creates the Child
Support Guidelines Advisory Committee, is repealed July 1, 2026.
(7) Section 
78B-22-805
, regarding the Interdisciplinary Parental Representation Pilot
Program, is repealed December 31, [
] 
.
Section 2. Section 
78B-6-133
 is amended to read:
78B-6-133.
Contested adoptions -- Rights of parties -- Determination of custody.
(1) If a person whose consent for an adoption is required pursuant to Subsection
78B-6-120
(1)(b), (c), (d), (e), or (f) refused to consent, the court shall determine whether
proper grounds exist for the termination of that person's rights pursuant to the provisions of this
chapter or Title 80, Chapter 4, Termination and Restoration of Parental Rights.
(2) (a) If there are proper grounds to terminate the person's parental rights, the court
shall order that the person's rights be terminated.
(b) If there are not proper grounds to terminate the person's parental rights, the court
shall:
(i) dismiss the adoption petition;
(ii) conduct an evidentiary hearing to determine who should have custody of the child;
and
(iii) award custody of the child in accordance with the child's best interest.
(c) Termination of a person's parental rights does not terminate the right of a relative of
the parent to seek adoption of the child.
(3) Evidence considered at the custody hearing may include:
(a) evidence of psychological or emotional bonds that the child has formed with a third
person, including the prospective adoptive parent; and
(b) any detriment that a change in custody may cause the child.
(4) If the court dismisses the adoption petition, the fact that a person relinquished a
child for adoption or consented to the adoption may not be considered as evidence in a custody
proceeding described in this section, or in any subsequent custody proceeding, that it is not in
the child's best interest for custody to be awarded to such person or that:
(a) the person is unfit or incompetent to be a parent;
(b) the person has neglected or abandoned the child;
(c) the person is not interested in having custody of the child; or
(d) the person has forfeited the person's parental presumption.
(5) Any custody order entered pursuant to this section may also:
(a) include provisions for:
(i) parent-time; or
(ii) visitation by an interested third party; and
(b) provide for the financial support of the child.
(6) (a) If a person or entity whose consent is required for an adoption under Subsection
78B-6-120
(1)(a) or (g) refuses to consent, the court shall proceed with an evidentiary hearing
and award custody as set forth in Subsection (2).
(b) The court may also finalize the adoption if doing so is in the best interest of the
child.
(7) (a) A person may not contest an adoption after the final decree of adoption is
entered, if that person:
(i) was a party to the adoption proceeding;
(ii) was served with notice of the adoption proceeding; or
(iii) executed a consent to the adoption or relinquishment for adoption.
(b) No person may contest an adoption after one year from the day on which the final
decree of adoption is entered.
(c) The limitations on contesting an adoption action, described in this Subsection (7),
apply to all attempts to contest an adoption:
(i) regardless of whether the adoption is contested directly or collaterally; and
(ii) regardless of the basis for contesting the adoption, including claims of fraud,
duress, undue influence, lack of capacity or competency, mistake of law or fact, or lack of
jurisdiction.
(d) The limitations on contesting an adoption action, described in this Subsection (7),
do not prohibit a timely appeal of:
(i) a final decree of adoption; or
(ii) a decision in an action challenging an adoption, if the action was brought within the
time limitations described in Subsections (7)(a) and (b).
(8) A court that has jurisdiction over a child for whom more than one petition for
adoption is filed shall grant a hearing only under the following circumstances:
(a) to a petitioner:
(i) with whom the child is placed;
(ii) who has custody or guardianship of the child;
(iii) who has filed a written statement with the court within [
days
] 
eight months
after the day on which the shelter hearing is held:
(A) requesting immediate placement of the child with the petitioner; and
(B) expressing the petitioner's intention of adopting the child;
(iv) who is a relative with whom the child has a significant and substantial relationship
and who was unaware, within the first [
days
] 
eight months
 after the day on which the
shelter hearing is held, of the child's removal from the child's parent; or
(v) who is a relative with whom the child has a significant and substantial relationship
and, in a case where the child is not placed with a relative or is placed with a relative that is
unable or unwilling to adopt the child:
(A) was actively involved in the child's child welfare case with the division or the
juvenile court while the child's parent engaged in reunification services; and
(B) filed a written statement with the court that includes the information described in
Subsections (8)(a)(iii)(A) and (B) within 30 days after the day on which the court terminated
reunification services; or
(b) if the child:
(i) has been in the current placement for less than 180 days before the day on which the
petitioner files the petition for adoption; or
(ii) is placed with, or is in the custody or guardianship of, an individual who previously
informed the division or the court that the individual is unwilling or unable to adopt the child.
(9) (a) If the court grants a hearing on more than one petition for adoption, there is a
rebuttable presumption that it is in the best interest of a child to be placed for adoption with a
petitioner:
(i) who has fulfilled the requirements described in Title 78B, Chapter 6, Part 1, Utah
Adoption Act; and
(ii) (A) with whom the child has continuously resided for six months;
(B) who has filed a written statement with the court within [
days
] 
eight months
after the day on which the shelter hearing is held, as described in Subsection (8)(a)(iii); or
(C) who is a relative described in Subsection (8)(a)(iv).
(b) The court may consider other factors relevant to the best interest of the child to
determine whether the presumption is rebutted.
(c) The court shall weigh the best interest of the child uniformly between petitioners if
more than one petitioner satisfies a rebuttable presumption condition described in Subsection
(9)(a).
(10) Nothing in this section shall be construed to prevent the division or the child's
guardian ad litem from appearing or participating in any proceeding for a petition for adoption.
(11) The division shall use best efforts to provide a known relative with timely
information relating to the relative's rights or duties under this section.
Section 3. Section 
80-2-608
 is amended to read:
80-2-608.
Confidential identity of person who reports.
Except as provided in Sections 
80-2-609
,
80-2-611
,
 and 
80-2-1005
, the division and a
law enforcement agency shall ensure the anonymity of the person who makes the initial report
under this part and any other person involved in the division's or law enforcement agency's
subsequent investigation of the report.
Section 4. Section 
80-2-609
 is amended to read:
80-2-609.
Failure to report -- Threats and intimidation -- Penalty.
(1) If the division has substantial grounds to believe that a person knowingly failed to
report under Section 
80-2-602
 or 
80-2-603
, the division shall file a complaint with:
(a) the Division of Professional Licensing if the person is a health care provider, as
defined in Subsection 
80-2-603
(1)(a)(i), or a mental health therapist, as defined in Section
58-60-102
;
(b) the appropriate law enforcement agency if the person is a law enforcement officer,
as defined in Section 
53-13-103
; or
(c) the State Board of Education if the person is an educator, as defined in Section
53E-6-102
.
(2) The division shall:
(a) provide the information
Ŝ→ 
deemed
 ←Ŝ
necessary
Ŝ→ [
to comply with the
165a 
requirements of
] 
 for action on the complaint by the entities listed in
 ←Ŝ
Subsection
(1); and
(b) adopt rules, in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, specifying the information the division shall provide under Subsection (1).
[
(2)
] 
(3)
 (a) A person is guilty of a class B misdemeanor if the person willfully fails to
report under Section 
80-2-602
 or 
80-2-603
.
(b) If a person is convicted under Subsection [
(2)(a)
] 
(3)(a)
, the court may order the
person, in addition to any other sentence the court imposes, to:
(i) complete community service hours; or
(ii) complete a program on preventing abuse and neglect of children.
(c) In determining whether it would be appropriate to charge a person with a violation
of Subsection [
(2)(a)
] 
(3)(a)
, the prosecuting attorney shall take into account whether a
reasonable person would not have reported suspected abuse or neglect of a child because
reporting would have placed the person in immediate danger of death or serious bodily injury.
(d) Notwithstanding any contrary provision of law, a prosecuting attorney may not use
a person's violation of Subsection [
(2)(a)
] 
(3)(a)
 as the basis for charging the person with
another offense.
(e) A prosecution for failure to report under Subsection [
(2)(a)
] 
(3)(a)
 shall be
commenced within two years after the day on which the person had knowledge of the suspected
abuse or neglect or the circumstances described in Subsection 
80-2-603
(2) and willfully failed
to report.
[
(3)
] 
(4)
 Under circumstances not amounting to a violation of Section 
76-8-508
, a
person is guilty of a class B misdemeanor if the person threatens, intimidates, or attempts to
intimidate a child who is the subject of the report under Section 
80-2-602
 or 
80-2-603
, the
person who made the report, a witness, or any other person cooperating with an investigation
conducted in accordance with this chapter or Chapter 2a, Removal and Protective Custody of a
Child.
Section 5. 
Effective date.
This bill takes effect on May 1, 2024.