Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 119 (2025GS)

Sponsor

Sen. Weiler, Todd

Final action

Governor Signed 3/26/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• clarifies the jurisdiction of the juvenile and district courts with regards to adoptions;
• clarifies and coordinates definitions related to domestic relations;
• recodifies and amends Title 78B, Chapter 15, Utah Uniform Parentage Act, to Title 81, Chapter 5, Uniform Parentage Act, including changing the term, "support-enforcement agency" to "child support services agency";
• recodifies and amends Title 78B, Chapter 14, Utah Uniform Interstate Family Support Act, to Title 81, Chapter 8, Uniform Interstate Family Support Act, including:
• defining terms to coordinate with the definitions in Title 81, Chapter 5, Uniform Parentage Act; and
• changing the term, "support-enforcement agency" to "child support services agency";
• recodifies Title 78B, Chapter 20, Uniform Deployed Parents Custody, Parent-time, and Visitation Act, to Title 81, Chapter 10, Uniform Deployed Parents Custody, Parent-time, and Visitation Act;
• recodifies Title 78B, Chapter 13, Utah Uniform Child Custody Jurisdiction and Enforcement Act, to Title 81, Chapter 11, Uniform Child Custody Jurisdiction and Enforcement Act;
• recodifies Title 78B, Chapter 6, Part 1, Utah Adoption Act, to Title 81, Chapter 13, Adoption;
• clarifies provisions regarding adoption, including:
• definitions related to adoption;
• access to adoption records by a potential birth father that is allowed to intervene in an adoption proceeding;
• that a petitioner's home includes a temporary place of abode in certain circumstances;

Every vote on this bill

Bill text

406
10-3-1103
17-33-5
26B-1-202
26B-2-104
26B-2-127
26B-3-108
26B-5-316
26B-6-411
26B-8-101
26B-8-102
26B-8-104
26B-8-110
26B-8-119
26B-8-125
26B-8-128
26B-8-131
26B-9-101
26B-9-104
26B-9-108
26B-9-205
26B-9-206
26B-9-207
26B-9-209
26B-9-213
26B-9-230
35A-3-308
53-10-108
53B-1-119
53G-11-209
58-60-112
63A-17-106
63J-1-602.1
63J-1-602.2
75-2-114
75-5-209
76-5-301.2
76-7-102
77-38b-102
78A-5-102
78A-5a-103
78A-6-103
78A-6-104
78A-6-356
78A-6-358
78A-6-359
78B-3-205
78B-3-416
78B-6-101
78B-6-107
78B-6-108
78B-6-111
78B-6-113
78B-6-114
78B-6-118
78B-6-120.1
78B-6-122
78B-6-122.5
78B-6-123
78B-6-125
78B-6-126
78B-6-127
78B-6-137
78B-6-139
78B-6-145
78B-7-101
78B-13-101
78B-14-101
78B-15-101
78B-15-105
78B-15-106
78B-15-107
78B-15-108
78B-15-109
78B-15-110
78B-15-111
78B-15-112
78B-15-113
78B-15-114
78B-15-115
78B-16-101
78B-20-101
78B-22-201
78B-22-901
78B-22-903
80-1-102
80-2-503.5
80-2-702
80-2-802
80-2-803
80-2-906
80-2-909
80-2-1005
80-2a-101
80-2a-201
80-2a-304
80-3-102
80-3-107
80-3-204
80-3-301
80-3-302
80-3-307
80-3-405
80-3-409
80-3-502
80-4-104
80-4-106
80-4-203
80-4-302
80-4-307
80-4-502
80-7-102
81-1-101
81-1-202
81-4-404
78B-15-102
78B-15-103
78B-15-104
81-5-105
78B-15-201
78B-15-202
78B-15-203
78B-15-204
78B-15-301
78B-15-302
78B-15-303
78B-15-304
78B-15-305
78B-15-306
78B-15-307
78B-15-308
78B-15-309
78B-15-310
78B-15-311
78B-15-312
78B-15-313
78B-15-401
78B-15-402
78B-15-403
78B-15-404
78B-15-405
78B-15-406
78B-15-407
78B-15-408
78B-15-409
78B-15-410
78B-15-501
78B-15-502
78B-15-503
78B-15-504
78B-15-505
78B-15-506
78B-15-507
78B-15-508
78B-15-509
78B-15-510
78B-15-511
78B-15-601
78B-15-602
78B-15-603
78B-15-604
78B-15-605
78B-15-606
78B-15-607
78B-15-608
78B-15-609
78B-15-610
78B-15-611
78B-15-612
78B-15-613
78B-15-614
78B-15-615
78B-15-616
78B-15-617
78B-15-618
78B-15-619
78B-15-620
78B-15-621
78B-15-622
78B-15-623
78B-15-701
78B-15-702
78B-15-703
78B-15-704
78B-15-705
78B-15-706
78B-15-707
78B-15-708
78B-15-801
78B-15-802
78B-15-803
78B-15-804
78B-15-805
78B-15-806
78B-15-807
78B-15-808
78B-15-809
78B-15-901
78B-15-902
78B-14-102
78B-14-103
78B-14-104
78B-14-105
78B-14-201
78B-14-202
78B-14-203
78B-14-204
78B-14-205
78B-14-206
78B-14-207
78B-14-208
78B-14-209
78B-14-210
78B-14-211
78B-14-301
78B-14-302
78B-14-303
78B-14-304
78B-14-305
78B-14-306
78B-14-307
78B-14-308
78B-14-309
78B-14-310
78B-14-311
78B-14-312
78B-14-313
78B-14-314
78B-14-315
78B-14-316
78B-14-317
78B-14-318
78B-14-319
78B-14-401
78B-14-402
78B-14-501
78B-14-502
78B-14-503
78B-14-504
78B-14-505
78B-14-506
78B-14-507
78B-14-601
78B-14-602
78B-14-603
78B-14-604
78B-14-605
78B-14-606
78B-14-607
78B-14-608
78B-14-609
78B-14-610
78B-14-611
78B-14-612
78B-14-613
78B-14-614
78B-14-615
78B-14-616
78B-14-701.5
78B-14-702
78B-14-703
78B-14-704
78B-14-705
78B-14-706
78B-14-707
78B-14-708
78B-14-709
78B-14-710
78B-14-711
78B-14-712
78B-14-713
78B-14-801
78B-14-802
78B-14-901
78B-14-902
81-9-202
81-9-203
81-9-204
81-9-208
81-9-209
81-9-303
81-9-305
81-9-402
78B-20-102
78B-20-103
78B-20-104
78B-20-105
78B-20-106
78B-20-107
78B-20-201
78B-20-202
78B-20-203
78B-20-204
78B-20-205
78B-20-301
78B-20-302
78B-20-303
78B-20-304
78B-20-305
78B-20-306
78B-20-307
78B-20-308
78B-20-309
78B-20-310
78B-20-311
78B-20-401
78B-20-402
78B-20-403
78B-20-404
78B-20-501
78B-20-502
78B-20-503
78B-13-102
78B-13-103
78B-13-104
78B-13-105
78B-13-106
78B-13-107
78B-13-108
78B-13-109
78B-13-110
78B-13-111
78B-13-112
78B-13-201
78B-13-202
78B-13-203
78B-13-204
78B-13-205
78B-13-206
78B-13-207
78B-13-208
78B-13-209
78B-13-210
78B-13-301
78B-13-302
78B-13-303
78B-13-304
78B-13-305
78B-13-306
78B-13-307
78B-13-308
78B-13-309
78B-13-310
78B-13-311
78B-13-312
78B-13-313
78B-13-314
78B-13-315
78B-13-316
78B-13-317
78B-13-318
78B-16-102
78B-16-103
78B-16-104
78B-16-105
78B-16-106
78B-16-107
78B-16-108
78B-16-109
78B-16-110
78B-16-111
78B-16-112
78B-6-103
78B-6-105
78B-6-141
78B-6-106
78B-6-142
78B-6-121.5
81-13-201
78B-6-102
78B-6-117
81-13-204
78B-6-112
78B-6-109
78B-6-110
78B-6-110.1
78B-6-110.5
78B-6-134
78B-6-119
78B-6-120
78B-6-121
78B-6-124
78B-6-133
78B-6-146
78B-6-140
78B-6-136
78B-6-136.5
78B-6-138
81-13-301
78B-6-115
78B-6-116
81-13-304
81-13-305
81-13-306
81-13-401
78B-6-131
78B-6-128
78B-6-129
78B-6-130
81-13-501
78B-6-104
78B-6-143
78B-6-144
78B-6-144.5
78B-24-101
78B-24-102
78B-24-201
78B-24-202
78B-24-203
78B-24-204
78B-24-205
78B-24-301
78B-24-302
78B-24-303
78B-24-304
78B-24-305
78B-24-306
78B-24-307
78B-24-308
78B-24-401
78B-24-402
78B-24-403
78B-24-404
10-3-1103
17-33-5
26B-1-202
26B-2-104
26B-2-127
26B-3-108
26B-5-316
26B-6-411
26B-8-101
26B-8-102
26B-8-104
26B-8-110
26B-8-119
26B-8-125
26B-8-128
26B-8-131
26B-9-101
26B-9-104
26B-9-108
26B-9-205
26B-9-206
26B-9-207
26B-9-209
26B-9-213
26B-9-230
35A-3-308
53-10-108
53B-1-119
53G-11-209
58-60-112
63A-17-106
63J-1-602.1
63J-1-602.2
75-2-114
75-5-209
76-5-301.2
76-7-102
77-38b-102
78A-5-102
78A-5a-103
78A-6-103
78A-6-104
78A-6-356
78A-6-358
78A-6-359
78B-3-205
78B-3-416
78B-6-101
78B-6-107
78B-6-108
78B-6-111
78B-6-113
78B-6-114
78B-6-118
78B-6-120.1
78B-6-122
78B-6-122.5
78B-6-123
78B-6-125
78B-6-126
78B-6-127
78B-6-137
78B-6-139
78B-6-145
78B-7-101
78B-13-101
78B-14-101
78B-15-101
78B-15-105
78B-15-106
78B-15-107
78B-15-108
78B-15-109
78B-15-110
78B-15-111
78B-15-112
78B-15-113
78B-15-114
78B-15-115
78B-16-101
78B-20-101
78B-22-201
78B-22-901
78B-22-903
80-1-102
80-2-503.5
80-2-702
80-2-802
80-2-803
80-2-906
80-2-909
80-2-1005
80-2a-101
80-2a-201
80-2a-304
80-3-102
80-3-107
80-3-204
80-3-301
80-3-302
80-3-307
80-3-405
80-3-409
80-3-502
80-4-104
80-4-106
80-4-203
80-4-302
80-4-307
80-4-502
80-7-102
81-1-101
81-1-202
81-4-404
78B-15-102
78B-15-103
78B-15-104
81-5-105
78B-15-201
78B-15-202
78B-15-203
78B-15-204
78B-15-301
78B-15-302
78B-15-303
78B-15-304
78B-15-305
78B-15-306
78B-15-307
78B-15-308
78B-15-309
78B-15-310
78B-15-311
78B-15-312
78B-15-313
78B-15-401
78B-15-402
78B-15-403
78B-15-404
78B-15-405
78B-15-406
78B-15-407
78B-15-408
78B-15-409
78B-15-410
78B-15-501
78B-15-502
78B-15-503
78B-15-504
78B-15-505
78B-15-506
78B-15-507
78B-15-508
78B-15-509
78B-15-510
78B-15-511
78B-15-601
78B-15-602
78B-15-603
78B-15-604
78B-15-605
78B-15-606
78B-15-607
78B-15-608
78B-15-609
78B-15-610
78B-15-611
78B-15-612
78B-15-613
78B-15-614
78B-15-615
78B-15-616
78B-15-617
78B-15-618
78B-15-619
78B-15-620
78B-15-621
78B-15-622
78B-15-623
78B-15-701
78B-15-702
78B-15-703
78B-15-704
78B-15-705
78B-15-706
78B-15-707
78B-15-708
78B-15-801
78B-15-802
78B-15-803
78B-15-804
78B-15-805
78B-15-806
78B-15-807
78B-15-808
78B-15-809
78B-15-901
78B-15-902
78B-14-102
78B-14-103
78B-14-104
78B-14-105
78B-14-201
78B-14-202
78B-14-203
78B-14-204
78B-14-205
78B-14-206
78B-14-207
78B-14-208
78B-14-209
78B-14-210
78B-14-211
78B-14-301
78B-14-302
78B-14-303
78B-14-304
78B-14-305
78B-14-306
78B-14-307
78B-14-308
78B-14-309
78B-14-310
78B-14-311
78B-14-312
78B-14-313
78B-14-314
78B-14-315
78B-14-316
78B-14-317
78B-14-318
78B-14-319
78B-14-401
78B-14-402
78B-14-501
78B-14-502
78B-14-503
78B-14-504
78B-14-505
78B-14-506
78B-14-507
78B-14-601
78B-14-602
78B-14-603
78B-14-604
78B-14-605
78B-14-606
78B-14-607
78B-14-608
78B-14-609
78B-14-610
78B-14-611
78B-14-612
78B-14-613
78B-14-614
78B-14-615
78B-14-616
78B-14-701.5
78B-14-702
78B-14-703
78B-14-704
78B-14-705
78B-14-706
78B-14-707
78B-14-708
78B-14-709
78B-14-710
78B-14-711
78B-14-712
78B-14-713
78B-14-801
78B-14-802
78B-14-901
78B-14-902
81-9-202
81-9-203
81-9-204
81-9-208
81-9-209
81-9-303
81-9-305
81-9-402
78B-20-102
78B-20-103
78B-20-104
78B-20-105
78B-20-106
78B-20-107
78B-20-201
78B-20-202
78B-20-203
78B-20-204
78B-20-205
78B-20-301
78B-20-302
78B-20-303
78B-20-304
78B-20-305
78B-20-306
78B-20-307
78B-20-308
78B-20-309
78B-20-310
78B-20-311
78B-20-401
78B-20-402
78B-20-403
78B-20-404
78B-20-501
78B-20-502
78B-20-503
78B-13-102
78B-13-103
78B-13-104
78B-13-105
78B-13-106
78B-13-107
78B-13-108
78B-13-109
78B-13-110
78B-13-111
78B-13-112
78B-13-201
78B-13-202
78B-13-203
78B-13-204
78B-13-205
78B-13-206
78B-13-207
78B-13-208
78B-13-209
78B-13-210
78B-13-301
78B-13-302
78B-13-303
78B-13-304
78B-13-305
78B-13-306
78B-13-307
78B-13-308
78B-13-309
78B-13-310
78B-13-311
78B-13-312
78B-13-313
78B-13-314
78B-13-315
78B-13-316
78B-13-317
78B-13-318
78B-16-102
78B-16-103
78B-16-104
78B-16-105
78B-16-106
78B-16-107
78B-16-108
78B-16-109
78B-16-110
78B-16-111
78B-16-112
78B-6-103
78B-6-105
78B-6-141
78B-6-106
78B-6-142
78B-6-121.5
81-13-201
78B-6-102
78B-6-117
81-13-204
78B-6-112
78B-6-109
78B-6-110
78B-6-110.1
78B-6-110.5
78B-6-134
78B-6-119
78B-6-120
78B-6-121
78B-6-124
78B-6-133
78B-6-146
78B-6-140
78B-6-136
78B-6-136.5
78B-6-138
81-13-301
78B-6-115
78B-6-116
81-13-304
81-13-305
81-13-306
81-13-401
78B-6-131
78B-6-128
78B-6-129
78B-6-130
81-13-501
78B-6-104
78B-6-143
78B-6-144
78B-6-144.5
78B-24-101
78B-24-102
78B-24-201
78B-24-202
78B-24-203
78B-24-204
78B-24-205
78B-24-301
78B-24-302
78B-24-303
78B-24-304
78B-24-305
78B-24-306
78B-24-307
78B-24-308
78B-24-401
78B-24-402
78B-24-403
78B-24-404
0
Domestic Relations Recodification
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Todd Weiler
House Sponsor: Anthony E. Loubet
LONG TITLE
General Description:
This bill recodifies and amends statutes related to domestic relations.
Highlighted Provisions:
This bill:
clarifies the jurisdiction of the juvenile and district courts with regard to adoptions;
clarifies and coordinates definitions related to domestic relations;
recodifies and amends Title 78B, Chapter 15, Utah Uniform Parentage Act, to Title 81, 
Chapter 5, Uniform Parentage Act, including changing the term, "support-enforcement 
agency" to "child support services agency";
recodifies and amends Title 78B, Chapter 14, Utah Uniform Interstate Family Support 
Act, to Title 81, Chapter 8, Uniform Interstate Family Support Act, including:
defining terms to coordinate with the definitions in Title 81, Chapter 5, Uniform 
Parentage Act; and
changing the term, "support-enforcement agency" to "child support services agency";
recodifies Title 78B, Chapter 20, Uniform Deployed Parents Custody, Parent-time, and 
Visitation Act, to Title 81, Chapter 10, Uniform Deployed Parents Custody, Parent-time, 
and Visitation Act;
recodifies Title 78B, Chapter 13, Utah Uniform Child Custody Jurisdiction and 
Enforcement Act, to Title 81, Chapter 11, Uniform Child Custody Jurisdiction and 
Enforcement Act;
recodifies Title 78B, Chapter 6, Part 1, Utah Adoption Act, to Title 81, Chapter 13, 
Adoption;
clarifies provisions regarding adoption, including: 
definitions related to adoption;
access to adoption records by a potential birth father that is allowed to intervene in an 
adoption proceeding;
that a petitioner's home includes a temporary place of abode in certain circumstances;
clarifying the time periods associated with adoption; and
requirements for adopting an adult; 
allows an adoption proceeding to be brought in a judicial district rather than a county;
repeals a requirement requiring a petition for adoption of a minor child to be filed within 
30 days of the minor child being placed in the home of the prospective adoptive parents;
repeals a statute requiring a person filing a petition for the adoption of an alien child to 
include written evidence of lawful admission of the alien child;
recodifies Title 78B, Chapter 24, Uniform Unregulated Child Custody Transfer Act, to 
Title 81, Chapter 14, Uniform Unregulated Child Custody Transfer Act;
includes a coordination clause to address a technical conflict with a reference if this bill 
and H.B. 329, Homeless Services Amendments, both pass and become law;
includes a coordination clause to coordinate changes to statutes related to adoption 
documents if this bill and H.B. 129, Adoption Records Access Amendments, both pass 
and become law; 
includes a coordination clause to modify a definition due to the repeal of a statute if this 
bill and H.B. 21, Criminal Code Recodification and Cross References, both pass and 
become law;
includes a coordination clause to address inconsistent terminology if this bill and H.B. 
141, Adoption Modifications, both pass and become law;
includes a coordination clause to address inconsistent terminology if this bill and H.B. 
283, Child and Family Services Amendments, both pass and become law; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
This bill provides coordination clauses.
Utah Code Sections Affected:
AMENDS:
10-3-1103
, as last amended by Laws of Utah 2022, Chapters 166, 177
17-33-5
, as last amended by Laws of Utah 2022, Chapters 166, 177
26B-1-202
, as last amended by Laws of Utah 2024, Chapter 506
26B-2-104
, as last amended by Laws of Utah 2024, Chapters 240, 307
26B-2-127
, as last amended by Laws of Utah 2023, Chapter 466 and renumbered and 
amended by Laws of Utah 2023, Chapter 305
26B-3-108
, as last amended by Laws of Utah 2024, Chapter 284
26B-5-316
, as last amended by Laws of Utah 2024, Chapter 366
26B-6-411
, as last amended by Laws of Utah 2024, Chapter 366
26B-8-101
, as last amended by Laws of Utah 2024, Chapter 366
26B-8-102
, as renumbered and amended by Laws of Utah 2023, Chapter 306
26B-8-104
, as last amended by Laws of Utah 2024, Chapter 295
26B-8-110
, as renumbered and amended by Laws of Utah 2023, Chapter 306
26B-8-119
, as renumbered and amended by Laws of Utah 2023, Chapter 306
26B-8-125
, as renumbered and amended by Laws of Utah 2023, Chapter 306
26B-8-128
, as last amended by Laws of Utah 2023, Chapter 289 and renumbered and 
amended by Laws of Utah 2023, Chapter 306
26B-8-131
, as renumbered and amended by Laws of Utah 2023, Chapter 306
26B-9-101
, as last amended by Laws of Utah 2024, Chapter 366
26B-9-104
, as last amended by Laws of Utah 2024, Chapter 366
26B-9-108
, as renumbered and amended by Laws of Utah 2023, Chapter 305
26B-9-205
, as renumbered and amended by Laws of Utah 2023, Chapter 305
26B-9-206
, as renumbered and amended by Laws of Utah 2023, Chapter 305
26B-9-207
, as renumbered and amended by Laws of Utah 2023, Chapter 305
26B-9-209
, as renumbered and amended by Laws of Utah 2023, Chapter 305
26B-9-213
, as last amended by Laws of Utah 2024, Chapter 366
26B-9-230
, as last amended by Laws of Utah 2024, Chapter 366
35A-3-308
, as last amended by Laws of Utah 2023, Chapter 328
53-10-108
, as last amended by Laws of Utah 2023, Chapter 328
53B-1-119
, as enacted by Laws of Utah 2024, Chapter 378
53G-11-209
, as enacted by Laws of Utah 2024, Chapter 48
58-60-112
, as last amended by Laws of Utah 2024, Chapter 366
63A-17-106
, as last amended by Laws of Utah 2024, Chapter 397
63J-1-602.1
, as last amended by Laws of Utah 2024, Chapters 88, 501
63J-1-602.2
, as last amended by Laws of Utah 2024, Chapters 241, 285, 425, and 467
75-2-114
, as last amended by Laws of Utah 2014, Chapter 142
75-5-209
, as last amended by Laws of Utah 2021, Chapter 262
76-5-301.2
, as enacted by Laws of Utah 2023, Chapter 125
76-7-102
, as last amended by Laws of Utah 2022, Chapter 217
77-38b-102
, as last amended by Laws of Utah 2024, Chapter 330
78A-5-102
, as last amended by Laws of Utah 2024, Chapter 158
78A-5a-103
, as last amended by Laws of Utah 2024, Chapters 158, 366
78A-6-103
, as last amended by Laws of Utah 2024, Chapter 366
78A-6-104
, as last amended by Laws of Utah 2024, Chapter 366
78A-6-356
, as last amended by Laws of Utah 2024, Chapter 366
78A-6-358
, as last amended by Laws of Utah 2023, Chapter 115
78A-6-359
, as last amended by Laws of Utah 2022, Chapter 442
78B-3-205
, as renumbered and amended by Laws of Utah 2008, Chapter 3
78B-3-416
, as last amended by Laws of Utah 2024, Chapter 366
78B-22-201
, as last amended by Laws of Utah 2022, Chapter 281
78B-22-901
, as last amended by Laws of Utah 2023, Chapter 229
78B-22-903
, as last amended by Laws of Utah 2023, Chapter 229
80-1-102
, as last amended by Laws of Utah 2024, Chapter 256
80-2-503.5
, as last amended by Laws of Utah 2024, Chapter 276
80-2-702
, as last amended by Laws of Utah 2022, Chapter 308 and renumbered and 
amended by Laws of Utah 2022, Chapter 334 and last amended by Coordination Clause, Laws 
of Utah 2022, Chapter 334
80-2-802
, as last amended by Laws of Utah 2023, Chapter 330
80-2-803
, as last amended by Laws of Utah 2023, Chapter 330
80-2-906
, as last amended by Laws of Utah 2024, Chapter 366
80-2-909
, as last amended by Laws of Utah 2024, Chapter 267
80-2-1005
, as last amended by Laws of Utah 2023, Chapter 330
80-2a-101
, as enacted by Laws of Utah 2022, Chapter 334 and last amended by 
Coordination Clause, Laws of Utah 2022, Chapter 334
80-2a-201
, as last amended by Laws of Utah 2023, Chapter 320
80-2a-304
, as last amended by Laws of Utah 2022, Chapter 287 and renumbered and 
amended by Laws of Utah 2022, Chapter 334
80-3-102
, as last amended by Laws of Utah 2022, Chapters 287, 334
80-3-107
, as last amended by Laws of Utah 2022, Chapter 335
80-3-204
, as last amended by Laws of Utah 2023, Chapter 330
80-3-301
, as last amended by Laws of Utah 2023, Chapter 309
80-3-302
, as last amended by Laws of Utah 2023, Chapters 309, 330
80-3-307
, as last amended by Laws of Utah 2023, Chapters 309, 320
80-3-405
, as last amended by Laws of Utah 2023, Chapters 309, 320 and 330
80-3-409
, as last amended by Laws of Utah 2024, Chapter 240
80-3-502
, as renumbered and amended by Laws of Utah 2021, Chapter 261
80-4-104
, as last amended by Laws of Utah 2024, Chapter 293
80-4-106
, as last amended by Laws of Utah 2022, Chapter 334
80-4-203
, as last amended by Laws of Utah 2022, Chapter 335
80-4-302
, as last amended by Laws of Utah 2023, Chapter 330
80-4-307
, as last amended by Laws of Utah 2024, Chapter 98
80-4-502
, as last amended by Laws of Utah 2023, Chapter 139
80-7-102
, as renumbered and amended by Laws of Utah 2021, Chapter 261
81-1-101
, as enacted by Laws of Utah 2024, Chapter 366
81-1-202
, as enacted by Laws of Utah 2024, Chapter 366
81-4-404
, as renumbered and amended by Laws of Utah 2024, Chapter 366
81-9-202
, as renumbered and amended by Laws of Utah 2024, Chapter 366
81-9-203
, as renumbered and amended by Laws of Utah 2024, Chapter 366
81-9-204
, as renumbered and amended by Laws of Utah 2024, Chapter 366
81-9-208
, as renumbered and amended by Laws of Utah 2024, Chapter 366
81-9-209
, as renumbered and amended by Laws of Utah 2024, Chapter 366
81-9-303
, as renumbered and amended by Laws of Utah 2024, Chapter 366
81-9-305
, as renumbered and amended by Laws of Utah 2024, Chapter 366
81-9-402
, as renumbered and amended by Laws of Utah 2024, Chapter 366
ENACTS:
81-5-105
, Utah Code Annotated 1953
81-13-201
, Utah Code Annotated 1953
81-13-204
, Utah Code Annotated 1953
81-13-301
, Utah Code Annotated 1953
81-13-304
, Utah Code Annotated 1953
81-13-305
, Utah Code Annotated 1953
81-13-306
, Utah Code Annotated 1953
81-13-401
, Utah Code Annotated 1953
81-13-501
, Utah Code Annotated 1953
RENUMBERS AND AMENDS:
81-5-102
, (Renumbered from 78B-15-102, as last amended by Laws of Utah 2024, 
Chapter 366)
81-5-103
, (Renumbered from 78B-15-103, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-5-104
, (Renumbered from 78B-15-104, as last amended by Laws of Utah 2023, 
Chapter 330)
81-5-201
, (Renumbered from 78B-15-201, as last amended by Laws of Utah 2017, 
Chapter 156)
81-5-202
, (Renumbered from 78B-15-202, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-5-203
, (Renumbered from 78B-15-203, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-5-204
, (Renumbered from 78B-15-204, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-5-301
, (Renumbered from 78B-15-301, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-5-302
, (Renumbered from 78B-15-302, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-5-303
, (Renumbered from 78B-15-303, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-5-304
, (Renumbered from 78B-15-304, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-5-305
, (Renumbered from 78B-15-305, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-5-306
, (Renumbered from 78B-15-306, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-5-307
, (Renumbered from 78B-15-307, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-5-308
, (Renumbered from 78B-15-308, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-5-309
, (Renumbered from 78B-15-309, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-5-310
, (Renumbered from 78B-15-310, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-5-311
, (Renumbered from 78B-15-311, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-5-312
, (Renumbered from 78B-15-312, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-5-313
, (Renumbered from 78B-15-313, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-5-401
, (Renumbered from 78B-15-401, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-5-402
, (Renumbered from 78B-15-402, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-5-403
, (Renumbered from 78B-15-403, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-5-404
, (Renumbered from 78B-15-404, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-5-405
, (Renumbered from 78B-15-405, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-5-406
, (Renumbered from 78B-15-406, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-5-407
, (Renumbered from 78B-15-407, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-5-408
, (Renumbered from 78B-15-408, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-5-409
, (Renumbered from 78B-15-409, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-5-410
, (Renumbered from 78B-15-410, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-5-501
, (Renumbered from 78B-15-501, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-5-502
, (Renumbered from 78B-15-502, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-5-503
, (Renumbered from 78B-15-503, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-5-504
, (Renumbered from 78B-15-504, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-5-505
, (Renumbered from 78B-15-505, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-5-506
, (Renumbered from 78B-15-506, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-5-507
, (Renumbered from 78B-15-507, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-5-508
, (Renumbered from 78B-15-508, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-5-509
, (Renumbered from 78B-15-509, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-5-510
, (Renumbered from 78B-15-510, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-5-511
, (Renumbered from 78B-15-511, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-5-601
, (Renumbered from 78B-15-601, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-5-602
, (Renumbered from 78B-15-602, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-5-603
, (Renumbered from 78B-15-603, as last amended by Laws of Utah 2024, 
Chapter 366)
81-5-604
, (Renumbered from 78B-15-604, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-5-605
, (Renumbered from 78B-15-605, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-5-606
, (Renumbered from 78B-15-606, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-5-607
, (Renumbered from 78B-15-607, as last amended by Laws of Utah 2017, 
Chapter 156)
81-5-608
, (Renumbered from 78B-15-608, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-5-609
, (Renumbered from 78B-15-609, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-5-610
, (Renumbered from 78B-15-610, as last amended by Laws of Utah 2024, 
Chapter 366)
81-5-611
, (Renumbered from 78B-15-611, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-5-612
, (Renumbered from 78B-15-612, as last amended by Laws of Utah 2021, 
Chapter 262)
81-5-613
, (Renumbered from 78B-15-613, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-5-614
, (Renumbered from 78B-15-614, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-5-615
, (Renumbered from 78B-15-615, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-5-616
, (Renumbered from 78B-15-616, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-5-617
, (Renumbered from 78B-15-617, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-5-618
, (Renumbered from 78B-15-618, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-5-619
, (Renumbered from 78B-15-619, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-5-620
, (Renumbered from 78B-15-620, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-5-621
, (Renumbered from 78B-15-621, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-5-622
, (Renumbered from 78B-15-622, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-5-623
, (Renumbered from 78B-15-623, as last amended by Laws of Utah 2024, 
Chapter 366)
81-5-701
, (Renumbered from 78B-15-701, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-5-702
, (Renumbered from 78B-15-702, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-5-703
, (Renumbered from 78B-15-703, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-5-704
, (Renumbered from 78B-15-704, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-5-705
, (Renumbered from 78B-15-705, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-5-706
, (Renumbered from 78B-15-706, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-5-707
, (Renumbered from 78B-15-707, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-5-708
, (Renumbered from 78B-15-708, as enacted by Laws of Utah 2015, 
Chapter 159)
81-5-801
, (Renumbered from 78B-15-801, as last amended by Laws of Utah 2024, 
Chapter 367)
81-5-802
, (Renumbered from 78B-15-802, as last amended by Laws of Utah 2024, 
Chapter 367)
81-5-803
, (Renumbered from 78B-15-803, as last amended by Laws of Utah 2024, 
Chapter 367)
81-5-804
, (Renumbered from 78B-15-804, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-5-805
, (Renumbered from 78B-15-805, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-5-806
, (Renumbered from 78B-15-806, as last amended by Laws of Utah 2024, 
Chapter 367)
81-5-807
, (Renumbered from 78B-15-807, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-5-808
, (Renumbered from 78B-15-808, as last amended by Laws of Utah 2024, 
Chapter 367)
81-5-809
, (Renumbered from 78B-15-809, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-5-901
, (Renumbered from 78B-15-901, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-5-902
, (Renumbered from 78B-15-902, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-8-102
, (Renumbered from 78B-14-102, as last amended by Laws of Utah 2024, 
Chapter 381)
81-8-103
, (Renumbered from 78B-14-103, as last amended by Laws of Utah 2023, 
Chapter 330)
81-8-104
, (Renumbered from 78B-14-104, as and further amended by Revisor 
Instructions, Laws of Utah 2013, Chapter 245 and last amended by Laws of Utah 2011, 
Chapter 412)
81-8-105
, (Renumbered from 78B-14-105, as and further amended by Revisor 
Instructions, Laws of Utah 2013, Chapter 245 and enacted by Laws of Utah 2011, Chapter 412)
81-8-201
, (Renumbered from 78B-14-201, as last amended by Laws of Utah 2015, 
Chapter 45)
81-8-202
, (Renumbered from 78B-14-202, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-8-203
, (Renumbered from 78B-14-203, as and further amended by Revisor 
Instructions, Laws of Utah 2013, Chapter 245 and last amended by Laws of Utah 2011, 
Chapter 412)
81-8-204
, (Renumbered from 78B-14-204, as last amended by Laws of Utah 2015, 
Chapter 45)
81-8-205
, (Renumbered from 78B-14-205, as last amended by Laws of Utah 2015, 
Chapter 45)
81-8-206
, (Renumbered from 78B-14-206, as and further amended by Revisor 
Instructions, Laws of Utah 2013, Chapter 245 and last amended by Laws of Utah 2011, 
Chapter 412)
81-8-207
, (Renumbered from 78B-14-207, as and further amended by Revisor 
Instructions, Laws of Utah 2013, Chapter 245 and last amended by Laws of Utah 2011, 
Chapter 412)
81-8-208
, (Renumbered from 78B-14-208, as and further amended by Revisor 
Instructions, Laws of Utah 2013, Chapter 245 and last amended by Laws of Utah 2011, 
Chapter 412)
81-8-209
, (Renumbered from 78B-14-209, as and further amended by Revisor 
Instructions, Laws of Utah 2013, Chapter 245 and last amended by Laws of Utah 2011, 
Chapter 412)
81-8-210
, (Renumbered from 78B-14-210, as and further amended by Revisor 
Instructions, Laws of Utah 2013, Chapter 245 and last amended by Laws of Utah 2011, 
Chapter 412)
81-8-211
, (Renumbered from 78B-14-211, as and further amended by Revisor 
Instructions, Laws of Utah 2013, Chapter 245 and last amended by Laws of Utah 2011, 
Chapter 412)
81-8-301
, (Renumbered from 78B-14-301, as and further amended by Revisor 
Instructions, Laws of Utah 2013, Chapter 245 and last amended by Laws of Utah 2011, 
Chapter 412)
81-8-302
, (Renumbered from 78B-14-302, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-8-303
, (Renumbered from 78B-14-303, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-8-304
, (Renumbered from 78B-14-304, as and further amended by Revisor 
Instructions, Laws of Utah 2013, Chapter 245 and last amended by Laws of Utah 2011, 
Chapter 412)
81-8-305
, (Renumbered from 78B-14-305, as and further amended by Revisor 
Instructions, Laws of Utah 2013, Chapter 245 and last amended by Laws of Utah 2011, 
Chapter 412)
81-8-306
, (Renumbered from 78B-14-306, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-8-307
, (Renumbered from 78B-14-307, as last amended by Laws of Utah 2015, 
Chapter 45)
81-8-308
, (Renumbered from 78B-14-308, as and further amended by Revisor 
Instructions, Laws of Utah 2013, Chapter 245 and last amended by Laws of Utah 2011, 
Chapter 412)
81-8-309
, (Renumbered from 78B-14-309, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-8-310
, (Renumbered from 78B-14-310, as last amended by Laws of Utah 2015, 
Chapter 45)
81-8-311
, (Renumbered from 78B-14-311, as and further amended by Revisor 
Instructions, Laws of Utah 2013, Chapter 245 and last amended by Laws of Utah 2011, 
Chapter 412)
81-8-312
, (Renumbered from 78B-14-312, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-8-313
, (Renumbered from 78B-14-313, as and further amended by Revisor 
Instructions, Laws of Utah 2013, Chapter 245 and last amended by Laws of Utah 2011, 
Chapter 412)
81-8-314
, (Renumbered from 78B-14-314, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-8-315
, (Renumbered from 78B-14-315, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-8-316
, (Renumbered from 78B-14-316, as last amended by Laws of Utah 2015, 
Chapter 45)
81-8-317
, (Renumbered from 78B-14-317, as last amended by Laws of Utah 2015, 
Chapter 45)
81-8-318
, (Renumbered from 78B-14-318, as and further amended by Revisor 
Instructions, Laws of Utah 2013, Chapter 245 and last amended by Laws of Utah 2011, 
Chapter 412)
81-8-319
, (Renumbered from 78B-14-319, as and further amended by Revisor 
Instructions, Laws of Utah 2013, Chapter 245 and last amended by Laws of Utah 2011, 
Chapter 412)
81-8-401
, (Renumbered from 78B-14-401, as and further amended by Revisor 
Instructions, Laws of Utah 2013, Chapter 245 and last amended by Laws of Utah 2011, 
Chapter 412)
81-8-402
, (Renumbered from 78B-14-402, as and further amended by Revisor 
Instructions, Laws of Utah 2013, Chapter 245 and renumbered and amended by Laws of Utah 
2011, Chapter 412)
81-8-501
, (Renumbered from 78B-14-501, as last amended by Laws of Utah 2023, 
Chapter 330)
81-8-502
, (Renumbered from 78B-14-502, as last amended by Laws of Utah 2015, 
Chapter 45)
81-8-503
, (Renumbered from 78B-14-503, as last amended by Laws of Utah 2015, 
Chapter 45)
81-8-504
, (Renumbered from 78B-14-504, as and further amended by Revisor 
Instructions, Laws of Utah 2013, Chapter 245 and last amended by Laws of Utah 2011, 
Chapter 412)
81-8-505
, (Renumbered from 78B-14-505, as and further amended by Revisor 
Instructions, Laws of Utah 2013, Chapter 245 and last amended by Laws of Utah 2011, 
Chapter 412)
81-8-506
, (Renumbered from 78B-14-506, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-8-507
, (Renumbered from 78B-14-507, as last amended by Laws of Utah 2015, 
Chapter 45)
81-8-601
, (Renumbered from 78B-14-601, as last amended by Laws of Utah 2015, 
Chapter 45)
81-8-602
, (Renumbered from 78B-14-602, as last amended by Laws of Utah 2015, 
Chapter 45)
81-8-603
, (Renumbered from 78B-14-603, as last amended by Laws of Utah 2015, 
Chapter 45)
81-8-604
, (Renumbered from 78B-14-604, as and further amended by Revisor 
Instructions, Laws of Utah 2013, Chapter 245 and last amended by Laws of Utah 2011, 
Chapter 412)
81-8-605
, (Renumbered from 78B-14-605, as last amended by Laws of Utah 2023, 
Chapter 330)
81-8-606
, (Renumbered from 78B-14-606, as last amended by Laws of Utah 2015, 
Chapter 45)
81-8-607
, (Renumbered from 78B-14-607, as and further amended by Revisor 
Instructions, Laws of Utah 2013, Chapter 245 and last amended by Laws of Utah 2011, 
Chapter 412)
81-8-608
, (Renumbered from 78B-14-608, as and further amended by Revisor 
Instructions, Laws of Utah 2013, Chapter 245 and last amended by Laws of Utah 2011, 
Chapter 412)
81-8-609
, (Renumbered from 78B-14-609, as and further amended by Revisor 
Instructions, Laws of Utah 2013, Chapter 245 and last amended by Laws of Utah 2011, 
Chapter 412)
81-8-610
, (Renumbered from 78B-14-610, as and further amended by Revisor 
Instructions, Laws of Utah 2013, Chapter 245 and last amended by Laws of Utah 2011, 
Chapter 412)
81-8-611
, (Renumbered from 78B-14-611, as and further amended by Revisor 
Instructions, Laws of Utah 2013, Chapter 245 and last amended by Laws of Utah 2011, 
Chapter 412)
81-8-612
, (Renumbered from 78B-14-612, as last amended by Laws of Utah 2015, 
Chapter 45)
81-8-613
, (Renumbered from 78B-14-613, as last amended by Laws of Utah 2016, 
Chapter 348)
81-8-614
, (Renumbered from 78B-14-614, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-8-615
, (Renumbered from 78B-14-615, as and further amended by Revisor 
Instructions, Laws of Utah 2013, Chapter 245 and last amended by Laws of Utah 2011, 
Chapter 412)
81-8-616
, (Renumbered from 78B-14-616, as and further amended by Revisor 
Instructions, Laws of Utah 2013, Chapter 245 and enacted by Laws of Utah 2011, Chapter 412)
81-8-701
, (Renumbered from 78B-14-701.5, as and further amended by Revisor 
Instructions, Laws of Utah 2013, Chapter 245 and enacted by Laws of Utah 2011, Chapter 412)
81-8-702
, (Renumbered from 78B-14-702, as and further amended by Revisor 
Instructions, Laws of Utah 2013, Chapter 245 and enacted by Laws of Utah 2011, Chapter 412)
81-8-703
, (Renumbered from 78B-14-703, as last amended by Laws of Utah 2023, 
Chapter 330)
81-8-704
, (Renumbered from 78B-14-704, as last amended by Laws of Utah 2023, 
Chapter 330)
81-8-705
, (Renumbered from 78B-14-705, as and further amended by Revisor 
Instructions, Laws of Utah 2013, Chapter 245 and enacted by Laws of Utah 2011, Chapter 412)
81-8-706
, (Renumbered from 78B-14-706, as and further amended by Revisor 
Instructions, Laws of Utah 2013, Chapter 245 and enacted by Laws of Utah 2011, Chapter 412)
81-8-707
, (Renumbered from 78B-14-707, as and further amended by Revisor 
Instructions, Laws of Utah 2013, Chapter 245 and enacted by Laws of Utah 2011, Chapter 412)
81-8-708
, (Renumbered from 78B-14-708, as last amended by Laws of Utah 2015, 
Chapter 45)
81-8-709
, (Renumbered from 78B-14-709, as and further amended by Revisor 
Instructions, Laws of Utah 2013, Chapter 245 and enacted by Laws of Utah 2011, Chapter 412)
81-8-710
, (Renumbered from 78B-14-710, as and further amended by Revisor 
Instructions, Laws of Utah 2013, Chapter 245 and enacted by Laws of Utah 2011, Chapter 412)
81-8-711
, (Renumbered from 78B-14-711, as and further amended by Revisor 
Instructions, Laws of Utah 2013, Chapter 245 and enacted by Laws of Utah 2011, Chapter 412)
81-8-712
, (Renumbered from 78B-14-712, as and further amended by Revisor 
Instructions, Laws of Utah 2013, Chapter 245 and enacted by Laws of Utah 2011, Chapter 412)
81-8-713
, (Renumbered from 78B-14-713, as and further amended by Revisor 
Instructions, Laws of Utah 2013, Chapter 245 and enacted by Laws of Utah 2011, Chapter 412)
81-8-801
, (Renumbered from 78B-14-801, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-8-802
, (Renumbered from 78B-14-802, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-8-901
, (Renumbered from 78B-14-901, as and further amended by Revisor 
Instructions, Laws of Utah 2013, Chapter 245 and last amended by Laws of Utah 2011, 
Chapter 412)
81-8-902
, (Renumbered from 78B-14-902, as last amended by Laws of Utah 2015, 
Chapter 45)
81-10-101
, (Renumbered from 78B-20-102, as last amended by Laws of Utah 2023, 
Chapter 44)
81-10-102
, (Renumbered from 78B-20-103, as enacted by Laws of Utah 2016, 
Chapter 292)
81-10-103
, (Renumbered from 78B-20-104, as enacted by Laws of Utah 2016, 
Chapter 292)
81-10-104
, (Renumbered from 78B-20-105, as enacted by Laws of Utah 2016, 
Chapter 292)
81-10-105
, (Renumbered from 78B-20-106, as enacted by Laws of Utah 2016, 
Chapter 292)
81-10-106
, (Renumbered from 78B-20-107, as last amended by Laws of Utah 2023, 
Chapter 44)
81-10-201
, (Renumbered from 78B-20-201, as last amended by Laws of Utah 2017, 
Chapter 224)
81-10-202
, (Renumbered from 78B-20-202, as enacted by Laws of Utah 2016, 
Chapter 292)
81-10-203
, (Renumbered from 78B-20-203, as enacted by Laws of Utah 2016, 
Chapter 292)
81-10-204
, (Renumbered from 78B-20-204, as enacted by Laws of Utah 2016, 
Chapter 292)
81-10-205
, (Renumbered from 78B-20-205, as last amended by Laws of Utah 2017, 
Chapter 224)
81-10-301
, (Renumbered from 78B-20-301, as enacted by Laws of Utah 2016, 
Chapter 292)
81-10-302
, (Renumbered from 78B-20-302, as last amended by Laws of Utah 2022, 
Chapter 373)
81-10-303
, (Renumbered from 78B-20-303, as enacted by Laws of Utah 2016, 
Chapter 292)
81-10-304
, (Renumbered from 78B-20-304, as enacted by Laws of Utah 2016, 
Chapter 292)
81-10-305
, (Renumbered from 78B-20-305, as enacted by Laws of Utah 2016, 
Chapter 292)
81-10-306
, (Renumbered from 78B-20-306, as enacted by Laws of Utah 2016, 
Chapter 292)
81-10-307
, (Renumbered from 78B-20-307, as enacted by Laws of Utah 2016, 
Chapter 292)
81-10-308
, (Renumbered from 78B-20-308, as enacted by Laws of Utah 2016, 
Chapter 292)
81-10-309
, (Renumbered from 78B-20-309, as enacted by Laws of Utah 2016, 
Chapter 292)
81-10-310
, (Renumbered from 78B-20-310, as enacted by Laws of Utah 2016, 
Chapter 292)
81-10-311
, (Renumbered from 78B-20-311, as last amended by Laws of Utah 2022, 
Chapter 373)
81-10-401
, (Renumbered from 78B-20-401, as last amended by Laws of Utah 2017, 
Chapter 224)
81-10-402
, (Renumbered from 78B-20-402, as enacted by Laws of Utah 2016, 
Chapter 292)
81-10-403
, (Renumbered from 78B-20-403, as last amended by Laws of Utah 2024, 
Chapter 366)
81-10-404
, (Renumbered from 78B-20-404, as last amended by Laws of Utah 2024, 
Chapter 366)
81-10-501
, (Renumbered from 78B-20-501, as enacted by Laws of Utah 2016, 
Chapter 292)
81-10-502
, (Renumbered from 78B-20-502, as enacted by Laws of Utah 2016, 
Chapter 292)
81-10-503
, (Renumbered from 78B-20-503, as enacted by Laws of Utah 2016, 
Chapter 292)
81-11-101
, (Renumbered from 78B-13-102, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-11-102
, (Renumbered from 78B-13-103, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-11-103
, (Renumbered from 78B-13-104, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-11-104
, (Renumbered from 78B-13-105, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-11-105
, (Renumbered from 78B-13-106, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-11-106
, (Renumbered from 78B-13-107, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-11-107
, (Renumbered from 78B-13-108, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-11-108
, (Renumbered from 78B-13-109, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-11-109
, (Renumbered from 78B-13-110, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-11-110
, (Renumbered from 78B-13-111, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-11-111
, (Renumbered from 78B-13-112, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-11-201
, (Renumbered from 78B-13-201, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-11-202
, (Renumbered from 78B-13-202, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-11-203
, (Renumbered from 78B-13-203, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-11-204
, (Renumbered from 78B-13-204, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-11-205
, (Renumbered from 78B-13-205, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-11-206
, (Renumbered from 78B-13-206, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-11-207
, (Renumbered from 78B-13-207, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-11-208
, (Renumbered from 78B-13-208, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-11-209
, (Renumbered from 78B-13-209, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-11-210
, (Renumbered from 78B-13-210, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-11-301
, (Renumbered from 78B-13-301, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-11-302
, (Renumbered from 78B-13-302, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-11-303
, (Renumbered from 78B-13-303, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-11-304
, (Renumbered from 78B-13-304, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-11-305
, (Renumbered from 78B-13-305, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-11-306
, (Renumbered from 78B-13-306, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-11-307
, (Renumbered from 78B-13-307, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-11-308
, (Renumbered from 78B-13-308, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-11-309
, (Renumbered from 78B-13-309, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-11-310
, (Renumbered from 78B-13-310, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-11-311
, (Renumbered from 78B-13-311, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-11-312
, (Renumbered from 78B-13-312, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-11-313
, (Renumbered from 78B-13-313, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-11-314
, (Renumbered from 78B-13-314, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-11-315
, (Renumbered from 78B-13-315, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-11-316
, (Renumbered from 78B-13-316, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-11-317
, (Renumbered from 78B-13-317, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-11-318
, (Renumbered from 78B-13-318, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-12-101
, (Renumbered from 78B-16-102, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-12-102
, (Renumbered from 78B-16-103, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-12-103
, (Renumbered from 78B-16-104, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-12-104
, (Renumbered from 78B-16-105, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-12-105
, (Renumbered from 78B-16-106, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-12-106
, (Renumbered from 78B-16-107, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-12-107
, (Renumbered from 78B-16-108, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-12-108
, (Renumbered from 78B-16-109, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-12-109
, (Renumbered from 78B-16-110, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-12-110
, (Renumbered from 78B-16-111, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-12-111
, (Renumbered from 78B-16-112, as renumbered and amended by Laws 
of Utah 2008, Chapter 3)
81-13-101
, (Renumbered from 78B-6-103, as last amended by Laws of Utah 2024, 
Chapter 261)
81-13-102
, (Renumbered from 78B-6-105, as last amended by Laws of Utah 2024, 
Chapter 158)
81-13-103
, (Renumbered from 78B-6-141, as last amended by Laws of Utah 2021, 
Chapter 262)
81-13-104
, (Renumbered from 78B-6-106, as last amended by Laws of Utah 2017, 
Chapter 148)
81-13-105
, (Renumbered from 78B-6-142, as last amended by Laws of Utah 2023, 
Chapter 330)
81-13-106
, (Renumbered from 78B-6-121.5, as enacted by Laws of Utah 2015, 
Chapter 183)
81-13-202
, (Renumbered from 78B-6-102, as last amended by Laws of Utah 2019, 
Chapter 335)
81-13-203
, (Renumbered from 78B-6-117, as last amended by Laws of Utah 2022, 
Chapters 185, 430)
81-13-205
, (Renumbered from 78B-6-112, as last amended by Laws of Utah 2024, 
Chapter 158)
81-13-206
, (Renumbered from 78B-6-109, as last amended by Laws of Utah 2010, 
Chapter 237)
81-13-207
, (Renumbered from 78B-6-110, as last amended by Laws of Utah 2023, 
Chapter 401)
81-13-208
, (Renumbered from 78B-6-110.1, as last amended by Laws of Utah 
2017, Chapter 148)
81-13-209
, (Renumbered from 78B-6-110.5, as last amended by Laws of Utah 
2019, Chapter 491)
81-13-210
, (Renumbered from 78B-6-134, as last amended by Laws of Utah 2017, 
Chapter 148)
81-13-211
, (Renumbered from 78B-6-119, as last amended by Laws of Utah 2024, 
Chapter 261)
81-13-212
, (Renumbered from 78B-6-120, as last amended by Laws of Utah 2024, 
Chapter 261)
81-13-213
, (Renumbered from 78B-6-121, as last amended by Laws of Utah 2024, 
Chapter 261)
81-13-214
, (Renumbered from 78B-6-124, as last amended by Laws of Utah 2023, 
Chapter 330)
81-13-215
, (Renumbered from 78B-6-133, as last amended by Laws of Utah 2024, 
Chapter 260)
81-13-216
, (Renumbered from 78B-6-146, as enacted by Laws of Utah 2013, 
Chapter 438)
81-13-217
, (Renumbered from 78B-6-140, as last amended by Laws of Utah 2024, 
Chapters 250, 261)
81-13-218
, (Renumbered from 78B-6-136, as last amended by Laws of Utah 2012, 
Chapter 340)
81-13-219
, (Renumbered from 78B-6-136.5, as last amended by Laws of Utah 
2024, Chapter 261)
81-13-220
, (Renumbered from 78B-6-138, as last amended by Laws of Utah 2021, 
Chapter 262)
81-13-302
, (Renumbered from 78B-6-115, as last amended by Laws of Utah 2021, 
Chapter 65)
81-13-303
, (Renumbered from 78B-6-116, as last amended by Laws of Utah 2015, 
Chapter 137)
81-13-402
, (Renumbered from 78B-6-131, as last amended by Laws of Utah 2023, 
Chapter 330)
81-13-403
, (Renumbered from 78B-6-128, as last amended by Laws of Utah 2024, 
Chapter 261)
81-13-404
, (Renumbered from 78B-6-129, as last amended by Laws of Utah 2012, 
Chapter 340)
81-13-405
, (Renumbered from 78B-6-130, as last amended by Laws of Utah 2017, 
Chapter 280)
81-13-502
, (Renumbered from 78B-6-104, as last amended by Laws of Utah 2010, 
Chapter 237)
81-13-503
, (Renumbered from 78B-6-143, as last amended by Laws of Utah 2017, 
Chapter 417)
81-13-504
, (Renumbered from 78B-6-144, as last amended by Laws of Utah 2015, 
Chapter 137)
81-13-505
, (Renumbered from 78B-6-144.5, as enacted by Laws of Utah 2015, 
Chapter 137)
81-14-101
, (Renumbered from 78B-24-101, as enacted by Laws of Utah 2022, 
Chapter 326)
81-14-102
, (Renumbered from 78B-24-102, as enacted by Laws of Utah 2022, 
Chapter 326)
81-14-201
, (Renumbered from 78B-24-201, as enacted by Laws of Utah 2022, 
Chapter 326)
81-14-202
, (Renumbered from 78B-24-202, as enacted by Laws of Utah 2022, 
Chapter 326)
81-14-203
, (Renumbered from 78B-24-203, as last amended by Laws of Utah 2023, 
Chapter 330)
81-14-204
, (Renumbered from 78B-24-204, as enacted by Laws of Utah 2022, 
Chapter 326)
81-14-205
, (Renumbered from 78B-24-205, as enacted by Laws of Utah 2022, 
Chapter 326)
81-14-301
, (Renumbered from 78B-24-301, as enacted by Laws of Utah 2022, 
Chapter 326)
81-14-302
, (Renumbered from 78B-24-302, as enacted by Laws of Utah 2022, 
Chapter 326)
81-14-303
, (Renumbered from 78B-24-303, as enacted by Laws of Utah 2022, 
Chapter 326)
81-14-304
, (Renumbered from 78B-24-304, as enacted by Laws of Utah 2022, 
Chapter 326)
81-14-305
, (Renumbered from 78B-24-305, as enacted by Laws of Utah 2022, 
Chapter 326)
81-14-306
, (Renumbered from 78B-24-306, as enacted by Laws of Utah 2022, 
Chapter 326)
81-14-307
, (Renumbered from 78B-24-307, as last amended by Laws of Utah 2024, 
Chapter 240)
81-14-308
, (Renumbered from 78B-24-308, as last amended by Laws of Utah 2024, 
Chapter 240)
81-14-401
, (Renumbered from 78B-24-401, as enacted by Laws of Utah 2022, 
Chapter 326)
81-14-402
, (Renumbered from 78B-24-402, as enacted by Laws of Utah 2022, 
Chapter 326)
81-14-403
, (Renumbered from 78B-24-403, as enacted by Laws of Utah 2022, 
Chapter 326)
81-14-404
, (Renumbered from 78B-24-404, as enacted by Laws of Utah 2022, 
Chapter 326)
REPEALS:
78B-6-101
, as enacted by Laws of Utah 2008, Chapter 3
78B-6-107
, as last amended by Laws of Utah 2022, Chapter 335
78B-6-108
, as renumbered and amended by Laws of Utah 2008, Chapter 3
78B-6-111
, as last amended by Laws of Utah 2015, Chapter 194
78B-6-113
, as last amended by Laws of Utah 2023, Chapter 330
78B-6-114
, as renumbered and amended by Laws of Utah 2008, Chapter 3
78B-6-118
, as renumbered and amended by Laws of Utah 2008, Chapter 3
78B-6-120.1
, as last amended by Laws of Utah 2021, Chapter 65
78B-6-122
, as last amended by Laws of Utah 2024, Chapter 261
78B-6-122.5
, as enacted by Laws of Utah 2010, Chapter 237
78B-6-123
, as renumbered and amended by Laws of Utah 2008, Chapter 3
78B-6-125
, as renumbered and amended by Laws of Utah 2008, Chapter 3
78B-6-126
, as renumbered and amended by Laws of Utah 2008, Chapter 3
78B-6-127
, as renumbered and amended by Laws of Utah 2008, Chapter 3
78B-6-137
, as renumbered and amended by Laws of Utah 2008, Chapter 3
78B-6-139
, as renumbered and amended by Laws of Utah 2008, Chapter 3
78B-6-145
, as last amended by Laws of Utah 2012, Chapter 340
78B-7-101
, as last amended by Laws of Utah 2020, Chapter 142
78B-13-101
, as renumbered and amended by Laws of Utah 2008, Chapter 3
78B-14-101
, as last amended by Laws of Utah 2015, Chapter 45
78B-15-101
, as renumbered and amended by Laws of Utah 2008, Chapter 3
78B-15-105
, as renumbered and amended by Laws of Utah 2008, Chapter 3
78B-15-106
, as renumbered and amended by Laws of Utah 2008, Chapter 3
78B-15-107
, as last amended by Laws of Utah 2023, Chapter 330
78B-15-108
, as renumbered and amended by Laws of Utah 2008, Chapter 3
78B-15-109
, as renumbered and amended by Laws of Utah 2008, Chapter 3
78B-15-110
, as renumbered and amended by Laws of Utah 2008, Chapter 3
78B-15-111
, as renumbered and amended by Laws of Utah 2008, Chapter 3
78B-15-112
, as renumbered and amended by Laws of Utah 2008, Chapter 3
78B-15-113
, as last amended by Laws of Utah 2024, Chapter 366
78B-15-114
, as renumbered and amended by Laws of Utah 2008, Chapter 3
78B-15-115
, as renumbered and amended by Laws of Utah 2008, Chapter 3
78B-16-101
, as renumbered and amended by Laws of Utah 2008, Chapter 3
78B-20-101
, as enacted by Laws of Utah 2016, Chapter 292
Utah Code Sections Affected by Coordination Clause:
AMENDS:
26B-2-104
, as last amended by Laws of Utah 2024, Chapters 240, 307
26B-8-125
, as renumbered and amended by Laws of Utah 2023, Chapter 306
78B-6-128
, (Renumbered from 78B-6-128, as last amended by Laws of Utah 2024, 
Chapter 261)
78B-6-141
, (Renumbered from 78B-6-141, as last amended by Laws of Utah 2021, 
Chapter 262)
80-2-1005
, as last amended by Laws of Utah 2023, Chapter 330
81-13-201
, Utah Code Annotated 1953
81-13-204
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
10-3-1103
 is amended to read:
10-3-1103
. Sickness, disability, and death benefits.
(1)
As used in this section, "miscarriage" means the spontaneous or accidental loss of a 
fetus, regardless of the gestational age or the duration of the pregnancy.
(2)
The governing body of each municipality may maintain as to all elective or appointive 
officers and employees, including heads of departments, a system for the payment of 
health, dental, hospital, medical, disability and death benefits to be financed and 
administered in a manner and payable upon the terms and conditions as the governing 
body of the municipality may by ordinance or resolution prescribe.
(3)
The governing bodies of the municipalities may create and administer personnel benefit 
programs separately or jointly with other municipalities or other political subdivisions of 
the State of Utah or associations thereof.
(4)
The governing body of each municipality shall, by ordinance or resolution, provide for 
at least three work days of paid bereavement leave for an employee:
(a)
following the end of the employee's pregnancy by way of miscarriage or stillbirth; or
(b)
following the end of another individual's pregnancy by way of a miscarriage or 
stillbirth, if:
(i)
the employee is the individual's spouse or partner;
(ii)
(A)
the employee is the individual's former spouse or partner; and
(B)
the employee would have been a biological parent of a child born as a result of 
the pregnancy;
(iii)
the employee provides documentation to show that the individual intended for 
the employee to be an adoptive parent, as that term is defined in Section 
78B-6-103
81-13-101
, of a child born as a result of the pregnancy; or
(iv)
under a valid gestational agreement in accordance with 
Title 78B, Chapter 15, 
Part 8, Gestational Agreement
Title 81, Chapter 5, Part 8, Gestational Agreement
, 
the employee would have been a parent of a child born as a result of the 
pregnancy.
Section 2, Section 
17-33-5
 is amended to read:
17-33-5
. Office of personnel management -- Director -- Appointment and 
responsibilities -- Personnel rules.
(1)
As used in this section, "miscarriage" means the spontaneous or accidental loss of a 
fetus, regardless of gestational age or the duration of the pregnancy.
(2)
(a)
(i)
Each county executive shall:
(A)
create an office of personnel management, administered by a director of 
personnel management; and
(B)
ensure that the director is a person with proven experience in personnel 
management.
(ii)
Except as provided in Subsection 
(2)
(b), the position of director of personnel 
management shall be:
(A)
a merit position; and
(B)
filled as provided in Subsection 
(2)
(a)(iii).
(iii)
Except as provided in Subsection 
(2)
(b), the career service council shall:
(A)
advertise and recruit for the director position in the same manner as for merit 
positions;
(B)
select three names from a register; and
(C)
submit those names as recommendations to the county legislative body.
(iv)
Except as provided in Subsection 
(2)
(b), the county legislative body shall select a 
person to serve as director of the office of personnel management from the names 
submitted to it by the career service council.
(b)
(i)
Effective for appointments made after May 1, 2006, and as an alternative to the 
procedure under Subsections 
(2)
(a)(ii), (iii), and (iv) and at the county executive's 
discretion, the county executive may appoint a director of personnel management 
with the advice and consent of the county legislative body.
(ii)
The position of each director of personnel management appointed under this 
Subsection 
(2)
(b) shall be a merit exempt position.
(iii)
A director of personnel management appointed under this Subsection 
(2)
(b) may 
be terminated by the county executive with the consent of the county legislative 
body.
(3)
The director of personnel management shall:
(a)
encourage and exercise leadership in the development of expertise in personnel 
administration within the several departments, offices, and agencies in the county 
service and make available the facilities of the office of personnel management to 
this end;
(b)
advise the county legislative and executive bodies on the use of human resources;
(c)
develop and implement programs for the improvement of employee effectiveness, 
such as training, safety, health, counseling, and welfare;
(d)
investigate periodically the operation and effect of this law and of the policies made 
under it and report findings and recommendations to the county legislative body;
(e)
establish and maintain records of all employees in the county service, setting forth as 
to each employee class, title, pay or status, and other relevant data;
(f)
make an annual report to the county legislative body and county executive regarding 
the work of the department; and
(g)
apply and carry out this law and the policies under it and perform any other lawful 
acts that are necessary to carry out the provisions of this law.
(4)
(a)
(i)
The director shall recommend personnel rules for the county.
(ii)
The county legislative body may:
(A)
recommend personnel rules for the county; and
(B)
approve, amend, or reject personnel rules before they are adopted.
(b)
The rules shall provide for:
(i)
recruiting efforts to be planned and carried out in a manner that assures open 
competition, with special emphasis to be placed on recruiting efforts to attract 
minorities, women, persons with a disability as defined by and covered under the 
Americans with Disabilities Act of 1990, 42 U.S.C. 12102, or other groups that 
are substantially underrepresented in the county work force to help assure they 
will be among the candidates from whom appointments are made;
(ii)
the establishment of job related minimum requirements wherever practical, that 
all successful candidates shall be required to meet in order to be eligible for 
consideration for appointment or promotion;
(iii)
selection procedures that include consideration of the relative merit of each 
applicant for employment, a job related method of determining the eligibility or 
ineligibility of each applicant, and a valid, reliable, and objective system of 
ranking eligible applicants according to their qualifications and merit;
(iv)
certification procedures that insure equitable consideration of an appropriate 
number of the most qualified eligible applicants based on the ranking system;
(v)
appointments to positions in the career service by selection from the most 
qualified eligible applicants certified on eligible lists established in accordance 
with Subsections 
(4)
(b)(iii) and (iv);
(vi)
noncompetitive appointments in the occasional instance where there is evidence 
that open or limited competition is not practical, such as for unskilled positions 
that have no minimum job requirements;
(vii)
limitation of competitions at the discretion of the director for appropriate 
positions to facilitate employment of qualified applicants with a substantial 
physical or mental impairment, or other groups protected by Title VII of the Civil 
Rights Act;
(viii)
permanent appointment for entry to the career service that shall be contingent 
upon satisfactory performance by the employee during a period of six months, 
with the probationary period extendable for a period not to exceed six months for 
good cause, but with the condition that the probationary employee may appeal 
directly to the council any undue prolongation of the period designed to thwart 
merit principles;
(ix)
temporary, provisional, or other noncareer service appointments, which may not 
be used as a way of defeating the purpose of the career service and may not 
exceed 270 days;
(x)
lists of eligible applicants normally to be used, if available, for filling temporary 
positions, and short term emergency appointments to be made without regard to 
the other provisions of law to provide for maintenance of essential services in an 
emergency situation where normal procedures are not practical, these emergency 
appointments not to exceed 270 days;
(xi)
promotion and career ladder advancement of employees to higher level positions 
and assurance that all persons promoted are qualified for the position;
(xii)
recognition of the equivalency of other merit processes by waiving, at the 
discretion of the director, the open competitive examination for placement in the 
career service positions of those who were originally selected through a 
competitive examination process in another governmental entity, the individual in 
those cases, to serve a probationary period;
(xiii)
preparation, maintenance, and revision of a position classification plan for all 
positions in the career service, based upon similarity of duties performed and 
responsibilities assumed, so that the same qualifications may reasonably be 
required for, and the same schedule of pay may be equitably applied to, all 
positions in the same class, the compensation plan, in order to maintain a high 
quality public work force, to take into account the responsibility and difficulty of 
the work, the comparative pay and benefits needed to compete in the labor market 
and to stay in proper alignment with other similar governmental units, and other 
factors;
(xiv)
keeping records of performance on all employees in the career service and 
requiring consideration of performance records in determining salary increases, 
any benefits for meritorious service, promotions, the order of layoffs and 
reinstatements, demotions, discharges, and transfers;
(xv)
establishment of a plan governing layoffs resulting from lack of funds or work, 
abolition of positions, or material changes in duties or organization, and governing 
reemployment of persons so laid off, taking into account with regard to layoffs 
and reemployment the relative ability, seniority, and merit of each employee;
(xvi)
establishment of a plan for resolving employee grievances and complaints with 
final and binding decisions;
(xvii)
establishment of disciplinary measures such as suspension, demotion in rank or 
grade, or discharge, measures to provide for presentation of charges, hearing 
rights, and appeals for all permanent employees in the career service to the career 
service council;
(xviii)
establishment of a procedure for employee development and improvement of 
poor performance;
(xix)
establishment of hours of work, holidays, and attendance requirements in 
various classes of positions in the career service;
(xx)
establishment and publicizing of fringe benefits such as insurance, retirement, 
and leave programs; and
(xxi)
any other requirements not inconsistent with this law that are proper for its 
enforcement.
(5)
Rules adopted pursuant to Subsection 
(4)(b)(xx)
 shall provide for at least three work 
days of paid bereavement leave for an employee:
(a)
following the end of the employee's pregnancy by way of miscarriage or stillbirth; or
(b)
following the end of another individual's pregnancy by way of a miscarriage or 
stillbirth, if:
(i)
the employee is the individual's spouse or partner;
(ii)
(A)
the employee is the individual's former spouse or partner; and
(B)
the employee would have been a biological parent of a child born as a result of 
the pregnancy;
(iii)
the employee provides documentation to show that the individual intended for 
the employee to be an adoptive parent, as that term is defined in Section 
78B-6-103
81-13-101
, of a child born as a result of the pregnancy; or
(iv)
under a valid gestational agreement in accordance with 
Title 78B, Chapter 15, 
Part 8, Gestational Agreement
Title 81, Chapter 5, Part 8, Gestational Agreement
, 
the employee would have been a parent of a child born as a result of the 
pregnancy.
Section 3, Section 
26B-1-202
 is amended to read:
26B-1-202
. Department authority and duties.
The department may, subject to applicable restrictions in state law and in addition to all 
other authority and responsibility granted to the department by law:
(1)
adopt rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking 
Act, and not inconsistent with law, as the department may consider necessary or 
desirable for providing health and social services to the people of this state;
(2)
establish and manage client trust accounts in the department's institutions and 
community programs, at the request of the client or the client's legal guardian or 
representative, or in accordance with federal law;
(3)
purchase, as authorized or required by law, services that the department is responsible to 
provide for legally eligible persons;
(4)
conduct adjudicative proceedings for clients and providers in accordance with the 
procedures of Title 63G, Chapter 4, Administrative Procedures Act;
(5)
establish eligibility standards for the department's programs, not inconsistent with state 
or federal law or regulations;
(6)
take necessary steps, including legal action, to recover money or the monetary value of 
services provided to a recipient who was not eligible;
(7)
set and collect fees for the department's services;
(8)
license agencies, facilities, and programs, except as otherwise allowed, prohibited, or 
limited by law;
(9)
acquire, manage, and dispose of any real or personal property needed or owned by the 
department, not inconsistent with state law;
(10)
receive gifts, grants, devises, and donations; gifts, grants, devises, donations, or the 
proceeds thereof, may be credited to the program designated by the donor, and may be 
used for the purposes requested by the donor, as long as the request conforms to state 
and federal policy; all donated funds shall be considered private, nonlapsing funds and 
may be invested under guidelines established by the state treasurer;
(11)
accept and employ volunteer labor or services; the department is authorized to 
reimburse volunteers for necessary expenses, when the department considers that 
reimbursement to be appropriate;
(12)
carry out the responsibility assigned in the workforce services plan by the State 
Workforce Development Board;
(13)
carry out the responsibility assigned by Section 
26B-1-430
 with respect to 
coordination of services for students with a disability;
(14)
provide training and educational opportunities for the department's staff;
(15)
collect child support payments and any other money due to the department;
(16)
apply the provisions of Title 81, Chapter 6, Child Support,
 and Title 81, Chapter 7, 
Payment and Enforcement of Spousal and Child Support,
 to parents whose child lives 
out of the home in a department licensed or certified setting;
(17)
establish policy and procedures, within appropriations authorized by the Legislature, in 
cases where the Division of Child and Family Services or the Division of Juvenile 
Justice and Youth Services is given custody of a minor by the juvenile court under Title 
80, Utah Juvenile Code, or the department is ordered to prepare an attainment plan for a 
minor found not competent to proceed under Section 
80-6-403
, including:
(a)
designation of interagency teams for each juvenile court district in the state;
(b)
delineation of assessment criteria and procedures;
(c)
minimum requirements, and timeframes, for the development and implementation of 
a collaborative service plan for each minor placed in department custody; and
(d)
provisions for submittal of the plan and periodic progress reports to the court;
(18)
carry out the responsibilities assigned to the department by statute;
(19)
examine and audit the expenditures of any public funds provided to a local substance 
abuse authority, a local mental health authority, a local area agency on aging, and any 
person, agency, or organization that contracts with or receives funds from those 
authorities or agencies. Those local authorities, area agencies, and any person or entity 
that contracts with or receives funds from those authorities or area agencies, shall 
provide the department with any information the department considers necessary. The 
department is further authorized to issue directives resulting from any examination or 
audit to a local authority, an area agency, and persons or entities that contract with or 
receive funds from those authorities with regard to any public funds. If the department 
determines that it is necessary to withhold funds from a local mental health authority or 
local substance abuse authority based on failure to comply with state or federal law, 
policy, or contract provisions, the department may take steps necessary to ensure 
continuity of services. For purposes of this Subsection (19) "public funds" means the 
same as that term is defined in Section 
26B-5-101
;
(20)
in accordance with Subsection 
26B-2-104
(1)(d), accredit one or more agencies and 
persons to provide intercountry adoption services;
(21)
within legislative appropriations, promote and develop a system of care and 
stabilization services:
(a)
in compliance with Title 63G, Chapter 6a, Utah Procurement Code; and
(b)
that encompasses the department, department contractors, and the divisions, offices, 
or institutions within the department, to:
(i)
navigate services, funding resources, and relationships to the benefit of the 
children and families whom the department serves;
(ii)
centralize department operations, including procurement and contracting;
(iii)
develop policies that govern business operations and that facilitate a system of 
care approach to service delivery;
(iv)
allocate resources that may be used for the children and families served by the 
department or the divisions, offices, or institutions within the department, subject 
to the restrictions in Section 
63J-1-206
;
(v)
create performance-based measures for the provision of services; and
(vi)
centralize other business operations, including data matching and sharing among 
the department's divisions, offices, and institutions;
(22)
ensure that any training or certification required of a public official or public 
employee, as those terms are defined in Section 
63G-22-102
, complies with Title 63G, 
Chapter 22, State Training and Certification Requirements, if the training or certification 
is required:
(a)
under this title;
(b)
by the department; or
(c)
by an agency or division within the department;
(23)
enter into cooperative agreements with the Department of Environmental Quality to 
delineate specific responsibilities to assure that assessment and management of risk to 
human health from the environment are properly administered;
(24)
consult with the Department of Environmental Quality and enter into cooperative 
agreements, as needed, to ensure efficient use of resources and effective response to 
potential health and safety threats from the environment, and to prevent gaps in 
protection from potential risks from the environment to specific individuals or 
population groups;
(25)
to the extent authorized under state law or required by federal law, promote and protect 
the health and wellness of the people within the state;
(26)
establish, maintain, and enforce rules authorized under state law or required by federal 
law to promote and protect the public health or to prevent disease and illness;
(27)
investigate the causes of epidemic, infectious, communicable, and other diseases 
affecting the public health;
(28)
provide for the detection and reporting of communicable, infectious, acute, chronic, or 
any other disease or health hazard which the department considers to be dangerous, 
important, or likely to affect the public health;
(29)
collect and report information on causes of injury, sickness, death, and disability and 
the risk factors that contribute to the causes of injury, sickness, death, and disability 
within the state;
(30)
collect, prepare, publish, and disseminate information to inform the public concerning 
the health and wellness of the population, specific hazards, and risks that may affect the 
health and wellness of the population and specific activities which may promote and 
protect the health and wellness of the population;
(31)
abate nuisances when necessary to eliminate sources of filth and infectious and 
communicable diseases affecting the public health;
(32)
make necessary sanitary and health investigations and inspections in cooperation with 
local health departments as to any matters affecting the public health;
(33)
establish laboratory services necessary to support public health programs and medical 
services in the state;
(34)
establish and enforce standards for laboratory services which are provided by any 
laboratory in the state when the purpose of the services is to protect the public health;
(35)
cooperate with the Labor Commission to conduct studies of occupational health 
hazards and occupational diseases arising in and out of employment in industry, and 
make recommendations for elimination or reduction of the hazards;
(36)
cooperate with the local health departments, the Department of Corrections, the 
Administrative Office of the Courts, the Division of Juvenile Justice and Youth 
Services, and the Utah Office for Victims of Crime to conduct testing for HIV infection 
of alleged sexual offenders, convicted sexual offenders, and any victims of a sexual 
offense;
(37)
investigate the causes of maternal and infant mortality;
(38)
establish, maintain, and enforce a procedure requiring the blood of adult pedestrians 
and drivers of motor vehicles killed in highway accidents be examined for the presence 
and concentration of alcohol, and provide the Commissioner of Public Safety with 
monthly statistics reflecting the results of these examinations, with necessary safeguards 
so that information derived from the examinations is not used for a purpose other than 
the compilation of these statistics;
(39)
establish qualifications for individuals permitted to draw blood under Subsection 
41-6a-523
(1)(a)(vi), 
53-10-405
(2)(a)(vi), 
72-10-502
(5)(a)(vi), or 
77-23-213
(3)(a)(vi), 
and to issue permits to individuals the department finds qualified, which permits may be 
terminated or revoked by the department;
(40)
establish a uniform public health program throughout the state which includes 
continuous service, employment of qualified employees, and a basic program of disease 
control, vital and health statistics, sanitation, public health nursing, and other preventive 
health programs necessary or desirable for the protection of public health;
(41)
conduct health planning for the state;
(42)
monitor the costs of health care in the state and foster price competition in the health 
care delivery system;
(43)
establish methods or measures for health care providers, public health entities, and 
health care insurers to coordinate among themselves to verify the identity of the 
individuals the providers serve;
(44)
designate Alzheimer's disease and related dementia as a public health issue and, within 
budgetary limitations, implement a state plan for Alzheimer's disease and related 
dementia by incorporating the plan into the department's strategic planning and 
budgetary process;
(45)
coordinate with other state agencies and other organizations to implement the state 
plan for Alzheimer's disease and related dementia;
(46)
ensure that any training or certification required of a public official or public 
employee, as those terms are defined in Section 
63G-22-102
, complies with Title 63G, 
Chapter 22, State Training and Certification Requirements, if the training or certification 
is required by the agency or under this Title 26B, Utah Health and Human Services Code;
(47)
oversee public education vision screening as described in Section 
53G-9-404
;
(48)
issue code blue alerts in accordance with Title 35A, Chapter 16, Part 7, Code Blue 
Alert; and
(49)
as allowed by state and federal law, share data with the Office of Families that is 
relevant to the duties described in Subsection 
26B-1-243(4)
, which may include, to the 
extent available:
(a)
demographic data concerning family structures in the state; and
(b)
data regarding the family structure associated with:
(i)
suicide, depression, or anxiety; and
(ii)
various health outcomes.
Section 4, Section 
26B-2-104
 is amended to read:
26B-2-104
. Division responsibilities.
(1)
Subject to the requirements of federal and state law, the office shall:
(a)
make rules in accordance with Title 63G, Chapter 3, Utah Administrative 
Rulemaking Act, to establish:
(i)
except as provided in Subsection (1)(a)(ii), basic health and safety standards for 
licensees, that shall be limited to:
(A)
fire safety;
(B)
food safety;
(C)
sanitation;
(D)
infectious disease control;
(E)
safety of the:
(I)
physical facility and grounds; and
(II)
area and community surrounding the physical facility;
(F)
transportation safety;
(G)
emergency preparedness and response;
(H)
the administration of medical standards and procedures, consistent with the 
related provisions of this title;
(I)
staff and client safety and protection;
(J)
the administration and maintenance of client and service records;
(K)
staff qualifications and training, including standards for permitting experience 
to be substituted for education, unless prohibited by law;
(L)
staff to client ratios;
(M)
access to firearms; and
(N)
the prevention of abuse, neglect, exploitation, harm, mistreatment, or fraud;
(ii)
basic health and safety standards for therapeutic schools, that shall be limited to:
(A)
fire safety, except that the standards are limited to those required by law or 
rule under Title 53, Chapter 7, Part 2, Fire Prevention and Fireworks Act;
(B)
food safety;
(C)
sanitation;
(D)
infectious disease control, except that the standards are limited to:
(I)
those required by law or rule under this title, or Title 26A, Local Health 
Authorities; and
(II)
requiring a separate room for clients who are sick;
(E)
safety of the physical facility and grounds, except that the standards are 
limited to those required by law or rule under Title 53, Chapter 7, Part 2, Fire 
Prevention and Fireworks Act;
(F)
transportation safety;
(G)
emergency preparedness and response;
(H)
access to appropriate medical care, including:
(I)
subject to the requirements of law, designation of a person who is 
authorized to dispense medication; and
(II)
storing, tracking, and securing medication;
(I)
staff and client safety and protection that permits the school to provide for the 
direct supervision of clients at all times;
(J)
the administration and maintenance of client and service records;
(K)
staff qualifications and training, including standards for permitting experience 
to be substituted for education, unless prohibited by law;
(L)
staff to client ratios;
(M)
access to firearms; and
(N)
the prevention of abuse, neglect, exploitation, harm, mistreatment, or fraud;
(iii)
procedures and standards for permitting a licensee to:
(A)
provide in the same facility and under the same conditions as children, 
residential treatment services to a person 18 years old or older who:
(I)
begins to reside at the licensee's residential treatment facility before the 
person's 18th birthday;
(II)
has resided at the licensee's residential treatment facility continuously since 
the time described in Subsection (1)(a)(iii)(A)(I);
(III)
has not completed the course of treatment for which the person began 
residing at the licensee's residential treatment facility; and
(IV)
voluntarily consents to complete the course of treatment described in 
Subsection (1)(a)(iii)(A)(III); or
(B)
(I)
provide residential treatment services to a child who is:
(Aa)
at least 12 years old or, as approved by the office, younger than 12 
years old; and
(Bb)
under the custody of the department, or one of its divisions; and
(II)
provide, in the same facility as a child described in Subsection 
(1)(a)(iii)(B)(I), residential treatment services to a person who is:
(Aa)
at least 18 years old, but younger than 21 years old; and
(Bb)
under the custody of the department, or one of its divisions;
(iv)
minimum administration and financial requirements for licensees;
(v)
guidelines for variances from rules established under this Subsection (1);
(vi)
ethical standards, as described in 
Subsection 
78B-6-106
(3)
Section 
81-13-104
, 
and minimum responsibilities of a child-placing agency that provides adoption 
services and that is licensed under this part;
(vii)
what constitutes an "outpatient treatment program" for purposes of this part;
(viii)
a procedure requiring a licensee to provide an insurer the licensee's records 
related to any services or supplies billed to the insurer, and a procedure allowing 
the licensee and the insurer to contact the Insurance Department to resolve any 
disputes;
(ix)
a protocol for the office to investigate and process complaints about licensees;
(x)
a procedure for a licensee to:
(A)
report the use of a restraint or seclusion within one business day after the day 
on which the use of the restraint or seclusion occurs; and
(B)
report a critical incident within one business day after the day on which the 
incident occurs;
(xi)
guidelines for the policies and procedures described in Sections 
26B-2-109
 and 
26B-2-123
;
(xii)
a procedure for the office to review and approve the policies and procedures 
described in Sections 
26B-2-109
 and 
26B-2-123
; and
(xiii)
a requirement that each human services program publicly post information that 
informs an individual how to submit a complaint about a human services program 
to the office;
(b)
enforce rules relating to the office;
(c)
issue licenses in accordance with this part;
(d)
if the United States Department of State executes an agreement with the office that 
designates the office to act as an accrediting entity in accordance with the 
Intercountry Adoption Act of 2000, Pub. L. No. 106-279, accredit one or more 
agencies and persons to provide intercountry adoption services pursuant to:
(i)
the Intercountry Adoption Act of 2000, Pub. L. No. 106-279; and
(ii)
the implementing regulations for the Intercountry Adoption Act of 2000, Pub. L. 
No. 106-279;
(e)
make rules to implement the provisions of Subsection (1)(d);
(f)
conduct surveys and inspections of licensees and facilities in accordance with Section 
26B-2-107
;
(g)
collect licensure fees;
(h)
notify licensees of the name of a person within the department to contact when filing 
a complaint;
(i)
investigate complaints regarding any licensee or human services program;
(j)
have access to all records, correspondence, and financial data required to be 
maintained by a licensee;
(k)
have authority to interview any client, family member of a client, employee, or 
officer of a licensee;
(l)
have authority to deny, condition, revoke, suspend, or extend any license issued by 
the department under this part by following the procedures and requirements of Title 
63G, Chapter 4, Administrative Procedures Act;
(m)
cooperate with the Division of Child and Family Services to condition, revoke, or 
suspend the license of a foster home when a child welfare caseworker from the 
Division of Child and Family Services identifies a safety concern with the foster 
home;
(n)
electronically post notices of agency action issued to a human services program, with 
the exception of a foster home, on the office's website, in accordance with Title 63G, 
Chapter 2, Government Records Access and Management Act; and
(o)
upon receiving a local government's request under Section 
26B-2-118
, notify the 
local government of new human services program license applications, except for 
foster homes, for human services programs located within the local government's 
jurisdiction. 
(2)
In establishing rules under Subsection (1)(a)(ii)(G), the office shall require a licensee to 
establish and comply with an emergency response plan that requires clients and staff to:
(a)
immediately report to law enforcement any significant criminal activity, as defined 
by rule, committed:
(i)
on the premises where the licensee operates its human services program;
(ii)
by or against its clients; or
(iii)
by or against a staff member while the staff member is on duty;
(b)
immediately report to emergency medical services any medical emergency, as 
defined by rule:
(i)
on the premises where the licensee operates its human services program;
(ii)
involving its clients; or
(iii)
involving a staff member while the staff member is on duty; and
(c)
immediately report other emergencies that occur on the premises where the licensee 
operates its human services program to the appropriate emergency services agency.
Section 5, Section 
26B-2-127
 is amended to read:
26B-2-127
. Child placing licensure requirements -- Prohibited acts -- 
Consortium.
(1)
As used in this section:
(a)
(i)
"Advertisement" means any written, oral, or graphic statement or representation 
made in connection with a solicitation of business.
(ii)
"Advertisement" includes a statement or representation described in Subsection 
(1)(a)(i)
 by a noncable television system, radio, printed brochure, newspaper, 
leaflet, flyer, circular, billboard, banner, Internet website, social media, or sign.
(b)
"Birth parent" means the same as that term is defined in Section 
78B-6-103
81-13-101
.
(c)
"Clearly and conspicuously disclose" means the same as that term is defined in 
Section 
13-11a-2
.
(d)
(i)
"Matching advertisement" means any written, oral, or graphic statement or 
representation made in connection with a solicitation of business to provide the 
assistance described in Subsection 
(3)(a)(i)
, regardless of whether there is or will 
be an exchange described in Subsection 
(3)(a)(ii)
.
(ii)
"Matching advertisement" includes a statement or representation described in 
Subsection 
(1)(d)(i)
 by a noncable television system, radio, printed brochure, 
newspaper, leaflet, flyer, circular, billboard, banner, Internet website, social 
media, or sign.
(2)
(a)
Subject to Section 
78B-24-205
81-14-205
, a person may not engage in child 
placing, or solicit money or other assistance for child placing, without a valid license 
issued by the office in accordance with this part.
(b)
If a child-placing agency's license is suspended or revoked in accordance with this 
part, the care, control, or custody of any child who is in the care, control, or custody 
of the child-placing agency shall be transferred to the Division of Child and Family 
Services.
(3)
(a)
(i)
An attorney, physician, or other person may assist:
(A)
a birth parent to identify or locate a prospective adoptive parent who is 
interested in adopting the birth parent's child; or
(B)
a prospective adoptive parent to identify or locate a child to be adopted.
(ii)
A payment, charge, fee, reimbursement of expense, or exchange of value of any 
kind, or promise or agreement to make the same, may not be made for the 
assistance described in Subsection 
(3)(a)(i)
.
(b)
An attorney, physician, or other person may not:
(i)
issue or cause to be issued to any person a card, sign, or device indicating that the 
attorney, physician, or other person is available to provide the assistance described 
in Subsection 
(3)(a)(i)
;
(ii)
cause, permit, or allow any sign or marking indicating that the attorney, 
physician, or other person is available to provide the assistance described in 
Subsection 
(3)(a)(i)
, on or in any building or structure;
(iii)
announce, cause, permit, or allow an announcement indicating that the attorney, 
physician, or other person is available to provide the assistance described in 
Subsection 
(3)(a)(i)
, to appear in any newspaper, magazine, directory, on radio or 
television, or an Internet website relating to a business;
(iv)
announce, cause, permit, or allow a matching advertisement; or
(v)
announce, cause, permit, or allow an advertisement that indicates or implies the 
attorney, physician, or other person is available to provide the assistance described 
in Subsection 
(3)(a)(i)
 as part of, or related to, other adoption-related services by 
using any of the following terms:
(A)
"comprehensive";
(B)
"complete";
(C)
"one-stop";
(D)
"all-inclusive"; or
(E)
any other term similar to the terms described in Subsections 
(3)(b)(v)(A)
through 
(D)
.
(c)
An attorney, physician, or other person who is not licensed by the office shall clearly 
and conspicuously disclose in any print media advertisement or written contract 
regarding adoption services or adoption-related services that the attorney, physician, 
or other person is not licensed to provide adoption services by the office.
(4)
A person who intentionally or knowingly violates Subsection 
(2)
 or 
(3)
 is guilty of a 
third degree felony.
(5)
This section does not preclude payment of fees for medical, legal, or other lawful 
services rendered in connection with the care of a mother, delivery and care of a child, 
or lawful adoption proceedings, except that a child-placing agency may not:
(a)
charge or accept payment for services that were not actually rendered; or
(b)
charge or accept payment from a prospective adoptive parent for medical or hospital 
expenses that were paid for by public funds.
(6)
In accordance with federal law, only an agent or employee of the Division of Child and 
Family Services or of a licensed child-placing agency may certify to United States 
Citizenship and Immigration Services that a family meets the preadoption requirements 
of the Division of Child and Family Services.
(7)
A licensed child-placing agency or an attorney practicing in this state may not place a 
child for adoption, either temporarily or permanently, with an individual who would not 
be qualified for adoptive placement under Sections 
78B-6-102
, 
78B-6-117
, and 
78B-6-137
81-13-202
, 
81-13-203
, and 
81-13-402
.
(8)
(a)
A child-placing agency, as that term is defined in Section 
63G-20-102
, that serves 
a resident of the state who is a birth mother or a prospective adoptive parent must be 
a member of a statewide consortium of licensed child-placing agencies that, together, 
serve all birth mothers lawfully seeking to place a child for adoption and all qualified 
prospective adoptive parents.
(b)
The department shall receive and investigate any complaint against a consortium of 
licensed child-placing agencies.
Section 6, Section 
26B-3-108
 is amended to read:
26B-3-108
. Administration of Medicaid program by department -- Reporting to 
the Legislature -- Disciplinary measures and sanctions -- Funds collected -- Eligibility 
standards -- Optional dental services costs and delivery -- Internal audits -- Health 
opportunity accounts.
(1)
The department shall be the single state agency responsible for the administration of the 
Medicaid program in connection with the United States Department of Health and 
Human Services pursuant to Title XIX of the Social Security Act.
(2)
(a)
The department shall implement the Medicaid program through administrative 
rules in conformity with this chapter, Title 63G, Chapter 3, Utah Administrative 
Rulemaking Act, the requirements of Title XIX, and applicable federal regulations.
(b)
The rules adopted under Subsection (2)(a) shall include, in addition to other rules 
necessary to implement the program:
(i)
the standards used by the department for determining eligibility for Medicaid 
services;
(ii)
the services and benefits to be covered by the Medicaid program;
(iii)
reimbursement methodologies for providers under the Medicaid program; and
(iv)
a requirement that:
(A)
a person receiving Medicaid services shall participate in the electronic 
exchange of clinical health records established in accordance with Section 
26B-8-411
 unless the individual opts out of participation;
(B)
prior to enrollment in the electronic exchange of clinical health records the 
enrollee shall receive notice of enrollment in the electronic exchange of clinical 
health records and the right to opt out of participation at any time; and
(C)
when the program sends enrollment or renewal information to the enrollee and 
when the enrollee logs onto the program's website, the enrollee shall receive 
notice of the right to opt out of the electronic exchange of clinical health 
records.
(3)
(a)
The department shall, in accordance with Subsection (3)(b), report to the Social 
Services Appropriations Subcommittee when the department:
(i)
implements a change in the Medicaid State Plan;
(ii)
initiates a new Medicaid waiver;
(iii)
initiates an amendment to an existing Medicaid waiver;
(iv)
applies for an extension of an application for a waiver or an existing Medicaid 
waiver;
(v)
applies for or receives approval for a change in any capitation rate within the 
Medicaid program; or
(vi)
initiates a rate change that requires public notice under state or federal law.
(b)
The report required by Subsection (3)(a) shall:
(i)
be submitted to the Social Services Appropriations Subcommittee prior to the 
department implementing the proposed change; and
(ii)
include:
(A)
a description of the department's current practice or policy that the department 
is proposing to change;
(B)
an explanation of why the department is proposing the change;
(C)
the proposed change in services or reimbursement, including a description of 
the effect of the change;
(D)
the effect of an increase or decrease in services or benefits on individuals and 
families;
(E)
the degree to which any proposed cut may result in cost-shifting to more 
expensive services in health or human service programs; and
(F)
the fiscal impact of the proposed change, including:
(I)
the effect of the proposed change on current or future appropriations from 
the Legislature to the department;
(II)
the effect the proposed change may have on federal matching dollars 
received by the state Medicaid program;
(III)
any cost shifting or cost savings within the department's budget that may 
result from the proposed change; and
(IV)
identification of the funds that will be used for the proposed change, 
including any transfer of funds within the department's budget.
(4)
Any rules adopted by the department under Subsection (2) are subject to review and 
reauthorization by the Legislature in accordance with Section 
63G-3-502
.
(5)
The department may, in its discretion, contract with other qualified agencies for services 
in connection with the administration of the Medicaid program, including:
(a)
the determination of the eligibility of individuals for the program;
(b)
recovery of overpayments; and
(c)
consistent with Section 
26B-3-1113
, and to the extent permitted by law and quality 
control services, enforcement of fraud and abuse laws.
(6)
The department shall provide, by rule, disciplinary measures and sanctions for Medicaid 
providers who fail to comply with the rules and procedures of the program, provided 
that sanctions imposed administratively may not extend beyond:
(a)
termination from the program;
(b)
recovery of claim reimbursements incorrectly paid; and
(c)
those specified in Section 1919 of Title XIX of the federal Social Security Act.
(7)
(a)
Funds collected as a result of a sanction imposed under Section 1919 of Title XIX 
of the federal Social Security Act shall be deposited into the General Fund as 
dedicated credits to be used by the division in accordance with the requirements of 
Section 1919 of Title XIX of the federal Social Security Act.
(b)
In accordance with Section 
63J-1-602.2
, sanctions collected under this Subsection (7) 
are nonlapsing.
(8)
(a)
In determining whether an applicant or recipient is eligible for a service or benefit 
under this part or Part 9, Utah Children's Health Insurance Program, the department 
shall, if Subsection (8)(b) is satisfied, exclude from consideration one passenger 
vehicle designated by the applicant or recipient.
(b)
Before Subsection (8)(a) may be applied:
(i)
the federal government shall:
(A)
determine that Subsection (8)(a) may be implemented within the state's 
existing public assistance-related waivers as of January 1, 1999;
(B)
extend a waiver to the state permitting the implementation of Subsection (8)(a); 
or
(C)
determine that the state's waivers that permit dual eligibility determinations 
for cash assistance and Medicaid are no longer valid; and
(ii)
the department shall determine that Subsection (8)(a) can be implemented within 
existing funding.
(9)
(a)
As used in this Subsection (9):
(i)
"aged, blind, or has a disability" means an aged, blind, or disabled individual, as 
defined in 42 U.S.C. Sec. 1382c(a)(1); and
(ii)
"spend down" means an amount of income in excess of the allowable income 
standard that shall be paid in cash to the department or incurred through the 
medical services not paid by Medicaid.
(b)
In determining whether an applicant or recipient who is aged, blind, or has a 
disability is eligible for a service or benefit under this chapter, the department shall 
use 100% of the federal poverty level as:
(i)
the allowable income standard for eligibility for services or benefits; and
(ii)
the allowable income standard for eligibility as a result of spend down.
(10)
The department shall conduct internal audits of the Medicaid program.
(11)
(a)
(i)
The department shall apply for, and if approved, implement an amendment 
to the state plan under this Subsection (11) for benefits for:
(A)
medically needy pregnant women;
(B)
medically needy children; and
(C)
medically needy parents and caretaker relatives.
(ii)
The department may implement the eligibility standards of Subsection (11)(b) for 
eligibility determinations made on or after the date of the approval of the 
amendment to the state plan.
(b)
In determining whether an applicant is eligible for benefits described in Subsection 
(11)(a)(i), the department shall:
(i)
disregard resources held in an account in a savings plan created under Title 53B, 
Chapter 8a, Utah Educational Savings Plan, if the beneficiary of the account is:
(A)
under the age of 26; and
(B)
living with the account owner, as that term is defined in Section 
53B-8a-102
, 
or temporarily absent from the residence of the account owner; and
(ii)
include withdrawals from an account in the Utah Educational Savings Plan as 
resources for a benefit determination, if the withdrawals were not used for 
qualified higher education costs as that term is defined in Section 
53B-8a-102.5
.
(12)
(a)
The department may not deny or terminate eligibility for Medicaid solely 
because an individual is:
(i)
incarcerated; and
(ii)
not an inmate as defined in Section 
64-13-1
.
(b)
Subsection (12)(a) does not require the Medicaid program to provide coverage for 
any services for an individual while the individual is incarcerated.
(13)
The department is a party to, and may intervene at any time in, any judicial or 
administrative action:
(a)
to which the Department of Workforce Services is a party; and
(b)
that involves medical assistance under this chapter.
(14)
(a)
The department may not deny or terminate eligibility for Medicaid solely 
because a birth mother, as that term is defined in Section 
78B-6-103
81-13-101
, 
considers an adoptive placement for the child or proceeds with an adoptive placement 
of the child.
(b)
A health care provider, as that term is defined in Section 
26B-3-126
, may not decline 
payment by Medicaid for covered health and medical services provided to a birth 
mother, as that term is defined in Section 
78B-6-103
81-13-101
, who is enrolled in 
Utah's Medicaid program and who considers an adoptive placement for the child or 
proceeds with an adoptive placement of the child.
Section 7, Section 
26B-5-316
 is amended to read:
26B-5-316
. Responsibility for cost of care.
(1)
The division shall estimate and determine, as nearly as possible, the actual expense per 
annum of caring for and maintaining a patient in the state hospital, and that amount or 
portion of that amount shall be assessed to and paid by the applicant, patient, spouse, 
parents, child or children who are of sufficient financial ability to do so, or by the 
guardian of the patient who has funds of the patient that may be used for that purpose.
(2)
In addition to the expenses described in Subsection (1), parents are responsible for the 
support of their child while the child is in the care of the state hospital in accordance 
with 
Title 26B, 
Chapter 9, Recovery Services and Administration of Child Support, 
and 
Title 81, Chapter 6, Child Support
, and Title 81, Chapter 7, Payment and 
Enforcement of Spousal and Child Support
.
Section 8, Section 
26B-6-411
 is amended to read:
26B-6-411
. Parent liable for cost and support of minor -- Guardian liable for 
costs.
(1)
Parents of a person who receives services or support from the division, who are 
financially responsible, are liable for the cost of the actual care and maintenance of that 
person and for the support of the child in accordance with 
Title 81, Chapter 6, Child 
Support, and 
Chapter 9, Part 1, Office of Recovery Services
, Title 81, Chapter 6, Child 
Support, and Title 81, Chapter 7, Payment and Enforcement of Spousal and Child 
Support
, until the person reaches 18 years old.
(2)
A guardian of a person who receives services or support from the division is liable for 
the cost of actual care and maintenance of that person, regardless of his age, where funds 
are available in the guardianship estate established on his behalf for that purpose. 
However, if the person who receives services is a beneficiary of a trust created in 
accordance with Section 
26B-6-412
, or if the guardianship estate meets the requirements 
of a trust described in that section, the trust income prior to distribution to the 
beneficiary, and the trust principal are not subject to payment for services or support for 
that person.
(3)
If, at the time a person who receives services or support from the division is discharged 
from a facility or program owned or operated by or under contract with the division, or 
after the death and burial of a resident of the developmental center, there remains in the 
custody of the division or the superintendent any money paid by a parent or guardian for 
the support or maintenance of that person, it shall be repaid upon demand.
Section 9, Section 
26B-8-101
 is amended to read:
26B-8-101
. Definitions.
As used in this part:
(1)
"Adoption document" means 
an adoption-related document filed with the office, a 
petition for adoption, a decree of adoption, an original birth certificate, or evidence 
submitted in support of a supplementary birth certificate
the same as that term is defined 
in Section 
81-13-101
.
(2)
"Alien child" means an individual:
(a)
who is younger than 16 years old; and
(b)
who is not considered a citizen or national of the United States by the United States 
Citizenship and Immigration Services.
(2)
(3)
"Biological sex at birth" means an individual's sex, as being male or female,
according to distinct reproductive roles as manifested by sex and reproductive organ 
anatomy, chromosomal makeup, and endogenous hormone profiles.
(3)
(4)
"Certified nurse midwife" means an individual who:
(a)
is licensed to practice as a certified nurse midwife under Title 58, Chapter 44a, Nurse 
Midwife Practice Act; and
(b)
has completed an education program regarding the completion of a certificate of 
death developed by the department by rule made in accordance with Title 63G, 
Chapter 3, Utah Administrative Rulemaking Act.
(4)
(5)
"Custodial funeral service director" means a funeral service director who:
(a)
is employed by a licensed funeral establishment; and
(b)
has custody of a dead body.
(5)
(6)
"Dead body" means a human body or parts of a human body from the condition of 
which it reasonably may be concluded that death occurred.
(6)
(7)
"Decedent" means the same as a dead body.
(7)
(8)
"Dead fetus" means a product of human conception, other than those circumstances 
described in Subsection 
76-7-301
(1):
(a)
of 20 weeks' gestation or more, calculated from the date the last normal menstrual 
period began to the date of delivery; and
(b)
that was not born alive.
(8)
"Declarant father" means a male who claims to be the genetic father of a child, and, 
along with the biological mother, signs a voluntary declaration of paternity to establish 
the child's paternity.
(9)
"Declarant father" means the same as that term is defined in Section 
81-5-102
.
(9)
(10)
"Dispositioner" means:
(a)
a person designated in a written instrument, under Subsection 
58-9-602
(1), as having 
the right and duty to control the disposition of the decedent, if the person voluntarily 
acts as the dispositioner; or
(b)
the next of kin of the decedent, if:
(i)
(A)
a person has not been designated as described in Subsection 
(9)(a)
(10)(a)
; 
or
(B)
the person described in Subsection 
(9)(a)
(10)(a)
 is unable or unwilling to 
exercise the right and duty described in Subsection 
(9)(a)
(10)(a)
; and
(ii)
the next of kin voluntarily acts as the dispositioner.
(10)
(11)
"Fetal remains" means:
(a)
an aborted fetus as that term is defined in Section 
26B-2-232
; or
(b)
a miscarried fetus as that term is defined in Section 
26B-2-233
.
(11)
(12)
"File" means the submission of a completed certificate or other similar 
document, record, or report as provided under this part for registration by the state 
registrar or a local registrar.
(12)
(13)
"Funeral service director" means the same as that term is defined in Section 
58-9-102
.
(13)
(14)
"Health care facility" means the same as that term is defined in Section 
26B-2-201
.
(14)
(15)
"Health care professional" means a physician, physician assistant, nurse 
practitioner, or certified nurse midwife.
(15)
(16)
"Intersex individual" means an individual who:
(a)
is born with external biological sex characteristics that are irresolvably ambiguous;
(b)
is born with 46, XX chromosomes with virilization;
(c)
is born with 46, XY chromosomes with undervirilization;
(d)
has both ovarian and testicular tissue; or
(e)
has been diagnosed by a physician, based on genetic or biochemical testing, with
abnormal:
(i)
sex chromosome structure;
(ii)
sex steroid hormone production; or
(iii)
sex steroid hormone action for a male or female.
(16)
(17)
"Licensed funeral establishment" means:
(a)
if located in Utah, a funeral service establishment, as that term is defined in Section 
58-9-102
, that is licensed under Title 58, Chapter 9, Funeral Services Licensing Act; 
or
(b)
if located in a state, district, or territory of the United States other than Utah, a 
funeral service establishment that complies with the licensing laws of the jurisdiction 
where the establishment is located.
(17)
(18)
"Live birth" means the birth of a child who shows evidence of life after the child 
is entirely outside of the mother.
(18)
(19)
"Local registrar" means a person appointed under Subsection 
26B-8-102
(3)(b).
(19)
(20)
"Nurse practitioner" means an individual who:
(a)
is licensed to practice as an advanced practice registered nurse under Title 58, 
Chapter 31b, Nurse Practice Act; and
(b)
has completed an education program regarding the completion of a certificate of 
death developed by the department by administrative rule made in accordance with 
Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(20)
(21)
"Office" means the Office of Vital Records and Statistics within the department.
(21)
(22)
"Physician" means a person licensed to practice as a physician or osteopath in 
this state under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, 
Utah Osteopathic Medical Practice Act.
(22)
(23)
"Physician assistant" means an individual who:
(a)
is licensed to practice as a physician assistant under Title 58, Chapter 70a, Utah 
Physician Assistant Act; and
(b)
has completed an education program regarding the completion of a certificate of 
death developed by the department by administrative rule made in accordance with 
Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(23)
(24)
"Presumed father" means the same as that term is defined in Section 
78B-15-102
81-5-102
.
(24)
(25)
"Registration" or "register" means acceptance by the local or state registrar of a 
certificate and incorporation of the certificate into the permanent records of the state.
(25)
(26)
"State registrar" means the state registrar of vital records appointed under Section 
26B-8-102
.
(26)
(27)
"Vital records" means:
(a)
registered certificates or reports of birth, death, fetal death, marriage, divorce, 
dissolution of marriage, or annulment;
(b)
amendments to any of the registered certificates or reports described in Subsection 
(26)(a)
(27)(a)
;
(c)
an adoption document; and
(d)
other similar documents.
(27)
(28)
"Vital statistics" means the data derived from registered certificates and reports 
of birth, death, fetal death, induced termination of pregnancy, marriage, divorce, 
dissolution of marriage, or annulment.
Section 10, Section 
26B-8-102
 is amended to read:
26B-8-102
. Department duties and authority.
(1)
As used in this section:
(a)
"Compact" means the Compact for Interstate Sharing of Putative Father Registry 
Information created in Section 
78B-6-121.5
81-13-106
, effective on May 10, 2016.
(b)
"Putative father":
(i)
means the same as that term is as defined in Section 
78B-6-121.5
81-13-106
; and
(ii)
includes an unmarried biological father.
(c)
"State registrar" means the state registrar of vital records appointed under Subsection 
(2)(e)
.
(d)
"Unmarried biological father" means the same as that term is defined in Section 
78B-6-103
81-13-101
.
(2)
The department shall:
(a)
provide offices properly equipped for the preservation of vital records made or 
received under this part;
(b)
establish a statewide vital records system for the registration, collection, 
preservation, amendment, and certification of vital records and other similar 
documents required by this part and activities related to them, including the 
tabulation, analysis, and publication of vital statistics;
(c)
prescribe forms for certificates, certification, reports, and other documents and 
records necessary to establish and maintain a statewide system of vital records;
(d)
prepare an annual compilation, analysis, and publication of statistics derived from 
vital records; and
(e)
appoint a state registrar to direct the statewide system of vital records.
(3)
The department may:
(a)
divide the state from time to time into registration districts; and
(b)
appoint local registrars for registration districts who under the direction and 
supervision of the state registrar shall perform all duties required of them by this part 
and department rules.
(4)
The state registrar appointed under Subsection 
(2)(e)
 shall, with the input of Utah 
stakeholders and the Uniform Law Commission, study the following items for the state's 
implementation of the compact:
(a)
the feasibility of using systems developed by the National Association for Public 
Health Statistics and Information Systems, including the State and Territorial 
Exchange of Vital Events (STEVE) system and the Electronic Verification of Vital 
Events (EVVE) system, or similar systems, to exchange putative father registry 
information with states that are parties to the compact;
(b)
procedures necessary to share putative father information, located in the confidential 
registry maintained by the state registrar, upon request from the state registrar of 
another state that is a party to the compact;
(c)
procedures necessary for the state registrar to access putative father information 
located in a state that is a party to the compact, and share that information with 
persons who request a certificate from the state registrar;
(d)
procedures necessary to ensure that the name of the mother of the child who is the 
subject of a putative father's notice of commencement, filed pursuant to Section 
78B-6-121
81-13-213
, is kept confidential when a state that is a party to the compact 
accesses this state's confidential registry through the state registrar; and
(e)
procedures necessary to ensure that a putative father's registration with a state that is 
a party to the compact is given the same effect as a putative father's notice of 
commencement filed pursuant to Section 
78B-6-121
81-13-213
.
Section 11, Section 
26B-8-104
 is amended to read:
26B-8-104
. Birth registrations -- Execution and registration requirements.
(1)
As used in this section:
(a)
"Birthing facility" means a:
(i)
general acute hospital as defined in Section 
26B-2-201
; or
(ii)
 birthing center as defined in Section 
26B-2-201
.
(b)
"Designated administrator" means an individual who has been designated by a 
birthing facility to submit a birth registration on behalf of the birthing facility.
(2)
(a)
The office shall register a birth if a birth registration is completed and filed in 
accordance with this section.
(b)
Once a birth is registered, the office shall provide a birth certificate upon request in 
accordance with all state laws.
(3)
(a)
For each live birth that occurs in a birthing facility, the designated administrator, 
attending physician, or nurse midwife shall:
(i)
obtain and enter the information required under this part in the electronic birth 
registration system no later than 10 days from the day on which the birth occurred;
(ii)
provide the parent the opportunity to review the information to ensure accuracy; 
and
(iii)
submit the birth registration.
(b)
(i)
The date, time, place of birth, and required medical information shall be 
certified by the designated administrator.
(ii)
The designated administrator shall enter the attending physician's, physician 
assistant's, or nurse midwife's name and transmit the birth registration to the local 
registrar for each birth that occurs in a birth facility.
(iii)
The information contained in the birth registration about the parents shall be 
provided and certified by the mother or father or, in their incapacity or absence, by 
a person with knowledge of the facts.
(4)
(a)
(i)
For a live birth that occurs outside a birthing facility, the birth registration 
shall be completed and filed by the physician, physician assistant, nurse, nurse 
practitioner, certified nurse midwife, or other person primarily responsible for 
providing assistance to the mother at the birth no later than 10 days from the day 
on which the birth occurred. 
(ii)
If the birth occurred without assistance from an individual described in 
Subsection (4)(a)(i), the presumed or declarant father or the mother of the child 
shall complete and file the birth registration.
(b)
The birth registration shall be completed as fully as possible and shall include the 
date, time, and place of birth, and the mother's name.
(5)
(a)
For each live birth to an unmarried mother that occurs in a birthing facility, the 
designated administrator shall:
(i)
provide the birth mother and declarant father, if present, with:
(A)
a voluntary declaration of paternity form published by the state registrar;
(B)
oral and written notice to the birth mother and declarant father of the 
alternatives to, the legal consequences of, and the rights and responsibilities 
that arise from signing the declaration; and
(C)
the opportunity to sign the declaration;
(ii)
witness the signature of a birth mother or declarant father in accordance with 
Section 
78B-15-302
81-5-302
 if the signature occurs at the facility;
(iii)
enter the declarant father's information on the original birth certificate, but only 
if the mother and declarant father have signed a voluntary declaration of paternity 
or a court or administrative agency has issued an adjudication of paternity; and
(iv)
file the completed declaration with the original birth certificate.
(b)
If there is a presumed father, the voluntary declaration will only be valid if the 
presumed father also signs the voluntary declaration.
(c)
The state registrar shall file the information provided on the voluntary declaration of 
paternity form with the original birth certificate and may provide certified copies of 
the declaration of paternity as otherwise provided under 
Title 78B, Chapter 15, Utah 
Uniform Parentage Act
Title 81, Chapter 5, Uniform Parentage Act
.
(6)
(a)
The state registrar shall publish a form for the voluntary declaration of paternity, a 
description of the process for filing a voluntary declaration of paternity, and of the 
rights and responsibilities established or effected by that filing, in accordance with 
Title 78B, Chapter 15, Utah Uniform Parentage Act
Title 81, Chapter 5, Uniform 
Parentage Act
.
(b)
Information regarding the form and services related to voluntary paternity 
establishment shall be made available to birthing facilities and to any other entity or 
individual upon request.
(7)
The name of a declarant father may only be included on the birth certificate of a child of 
unmarried parents if:
(a)
the mother and declarant father have signed a voluntary declaration of paternity; or
(b)
a court or administrative agency has issued an adjudication of paternity.
(8)
Voluntary declarations of paternity, adjudications of paternity by judicial or 
administrative agencies, and voluntary rescissions of paternity shall be filed with and 
maintained by the state registrar for the purpose of comparing information with the state 
case registry maintained by the Office of Recovery Services pursuant to Section 
26B-9-104
.
(9)
The department may notify the Division of Professional Licensing that an individual 
who is required to complete a birth registration under Subsection (4)(a)(i) has failed to 
register a birth if:
(a)
the department has notified the individual that the individual is required by state law 
to complete the birth registration; and
(b)
the individual is a physician, physician assistant, nurse, nurse practitioner, or 
certified nurse midwife.
Section 12, Section 
26B-8-110
 is amended to read:
26B-8-110
. Supplementary certificate of birth.
(1)
An individual born in this state may request the state registrar to register a 
supplementary birth certificate for the individual if:
(a)
the individual is legally recognized as a child of the individual's 
natural 
parents 
when the individual's 
natural 
parents are subsequently married;
(b)
the individual's parentage has been determined by a state court of the United States 
or a Canadian provincial court with jurisdiction; or
(c)
the individual has been legally adopted, as a child or as an adult, under the law of this 
state, any other state, or any province of Canada.
(2)
The application for registration of a supplementary birth certificate may be made by:
(a)
the individual requesting registration under Subsection 
(1)
 if the individual is of legal 
age;
(b)
a legal representative; or
(c)
any agency authorized to receive children for placement or adoption under the laws 
of this or any other state.
(3)
(a)
The state registrar shall require that an applicant submit identification and proof 
according to department rules.
(b)
In the case of an adopted individual, that proof may be established by order of the 
court in which the adoption proceedings were held.
(4)
(a)
After the supplementary birth certificate is registered, any information disclosed 
from the record shall be from the supplementary birth certificate.
(b)
Access to the original birth certificate and to the evidence submitted in support of the 
supplementary birth certificate are not open to inspection except upon the order of a 
Utah district court or as described in Section 
78B-6-141
 or Section 
78B-6-144
81-13-103
 or 
81-13-504
.
Section 13, Section 
26B-8-119
 is amended to read:
26B-8-119
. Petition for establishment of unregistered birth or death -- Court 
procedure.
(1)
A person holding a direct, tangible, and legitimate interest as described in Subsection 
26B-8-125(3)(a)
 or 
(b)
 may petition for a court order establishing the fact, time, and 
place of a birth or death that is not registered or for which a certified copy of the 
registered birth or death certificate is not obtainable. The person shall verify the petition 
and file the petition in the Utah court for the county where:
(a)
the birth or death is alleged to have occurred;
(b)
the person resides whose birth is to be established; or
(c)
the decedent named in the petition resided at the date of death.
(2)
In order for the court to have jurisdiction, the petition shall:
(a)
allege the date, time, and place of the birth or death; and
(b)
state either that no certificate of birth or death has been registered or that a copy of 
the registered certificate cannot be obtained.
(3)
The court shall set a hearing for five to 10 days after the day on which the petition is 
filed.
(4)
(a)
If the time and place of birth or death are in question, the court shall hear available 
evidence and determine the time and place of the birth or death.
(b)
If the time and place of birth or death are not in question, the court shall determine 
the time and place of birth or death to be those alleged in the petition.
(5)
A court order under this section shall be made on a form prescribed and furnished by the 
department and is effective upon the filing of a certified copy of the order with the state 
registrar.
(6)
(a)
For purposes of this section, the birth certificate of an adopted alien child
, as 
defined in Section 
78B-6-108
,
 is considered to be unobtainable if the 
alien 
child was 
born in a country that is not recognized by department rule as having an established 
vital records registration system.
(b)
If the adopted
 alien
 child was born in a country recognized by department rule, but a 
person described in Subsection 
(1)
 is unable to obtain a certified copy of the birth 
certificate, the state registrar shall authorize the preparation of a birth certificate if the 
state registrar receives a written statement signed by the registrar of the 
alien 
child's 
birth country stating a certified copy of the birth certificate is not available.
Section 14, Section 
26B-8-125
 is amended to read:
26B-8-125
. Inspection of vital records.
(1)
As used in this section:
(a)
"Designated legal representative" means an attorney, physician, funeral service 
director, genealogist, or other agent of the subject, or an immediate family member of 
the subject, who has been delegated the authority to access vital records.
(b)
"Drug use intervention or suicide prevention effort" means a program that studies or 
promotes the prevention of drug overdose deaths or suicides in the state.
(c)
"Immediate family member" means a spouse, child, parent, sibling, grandparent, or 
grandchild.
(d)
"Pre-existing parent" means the same as that term is defined in Section 
81-13-101
.
(2)
(a)
The vital records shall be open to inspection, but only in compliance with the 
provisions of this part, department rules, and Sections 
78B-6-141
 and 
78B-6-144
81-13-103
 and 
81-13-504
.
(b)
It is unlawful for any state or local officer or employee to disclose data contained in 
vital records contrary to this part, department rule, 
Section 
78B-6-141
, or Section 
78B-6-144
Section 
81-13-103
, or Section 
81-13-504
.
(c)
(i)
An adoption document is open to inspection as provided in Section 
78B-6-141
 or Section 
78B-6-144
81-13-103
 or 
81-13-504
.
(ii)
A birth parent may not access an adoption document under Subsection 
78B-6-141(3)
.
(d)
A custodian of vital records may permit inspection of a vital record or issue a 
certified copy of a record or a part of a record when the custodian is satisfied that the 
applicant has demonstrated a direct, tangible, and legitimate interest.
(3)
Except as provided in Subsection 
(4)
, a direct, tangible, and legitimate interest in a vital 
record is present only if:
(a)
the request is from:
(i)
the subject;
(ii)
an immediate family member of the subject;
(iii)
the guardian of the subject;
(iv)
a designated legal representative of the subject; or
(v)
a person, including a child-placing agency as defined in Section 
78B-6-103
81-13-101
, with whom a child has been placed pending finalization of an adoption 
of the child;
(b)
the request involves a personal or property right of the subject of the record;
(c)
the request is for official purposes of a public health authority or a state, local, or 
federal governmental agency;
(d)
the request is for a drug use intervention or suicide prevention effort or a statistical or 
medical research program and prior consent has been obtained from the state 
registrar; or
(e)
the request is a certified copy of an order of a court of record specifying the record to 
be examined or copied.
(4)
(a)
Except as provided in 
Title 78B, Chapter 6, Part 1, Utah Adoption Act
Title 81, 
Chapter 13, Adoption
, a parent, or an immediate family member of a parent
, who
may not be considered as having a direct, tangible, and legitimate interest under this 
section in a vital record for which the subject is a child if the parent or family member
does not have legal or physical custody of
,
 or visitation or parent-time rights for
 a
, 
the
 child
:
(i)
 because of the termination of parental rights under 
Title 80, Chapter 4, 
Termination and Restoration of Parental Rights
, or 
; or
(ii)
by virtue of consenting to or relinquishing a child for adoption 
pursuant to 
Title 
78B, Chapter 6, Part 1, Utah Adoption Act
, may not be considered as having a 
direct, tangible, and legitimate interest under this section
as described in Title 81, 
Chapter 13, Adoption
.
(b)
Except as provided in Subsection 
(2)(d)
, a commercial firm or agency requesting 
names, addresses, or similar information may not be considered as having a direct, 
tangible, and legitimate interest under this section.
(5)
Upon payment of a fee established in accordance with Section 
63J-1-504
, the office 
shall make the following records available to the public:
(a)
except as provided in Subsection 
26B-8-110(4)(b)
, a birth record, excluding 
confidential information collected for medical and health use, if 100 years or more 
have passed since the date of birth;
(b)
a death record if 50 years or more have passed since the date of death; and
(c)
a vital record not subject to Subsection 
(5)(a)
 or 
(b)
 if 75 years or more have passed 
since the date of the event upon which the record is based.
(6)
Upon payment of a fee established in accordance with Section 
63J-1-504
, the office 
shall make an adoption document available as provided in Sections 
78B-6-141
 and 
78B-6-144
81-13-103
 and 
81-13-504
.
(7)
The office shall make rules in accordance with 
Title 63G, Chapter 3, Utah 
Administrative Rulemaking Act
, establishing procedures and the content of forms as 
follows:
(a)
for the inspection of adoption documents under Subsection 
78B-6-141(4)
81-13-103(6)
;
(b)
for a 
birth
pre-existing
 parent's election to permit identifying information about the 
birth
pre-existing
 parent to be made available
, under Section 
78B-6-141
 as 
described in Section 
81-13-103
;
(c)
for the release of information by the mutual-consent, voluntary adoption registry
, 
under Section 
78B-6-144
 as described in Section 
81-13-504
;
(d)
for collecting fees and donations under Section 
78B-6-144.5
81-13-505
; and
(e)
for the review and approval of a request described in Subsection 
(3)(d)
.
Section 15, Section 
26B-8-128
 is amended to read:
26B-8-128
. Divorce or adoption -- Duty of court clerk to file certificates or 
reports.
(1)
For each adoption, annulment of adoption, divorce, and annulment of marriage ordered 
or decreed in this state, the clerk of the court shall prepare a divorce certificate or report 
of adoption on a form furnished by the state registrar or, for a report of adoption, the 
state of the child's birth.
(2)
The petitioner shall provide the clerk of the court with the information necessary to 
prepare the certificate or report under Subsection 
(1)
, including the form furnished by 
the child's state of birth if the child was born in another state.
(3)
The clerk shall:
(a)
prepare the certificate or report under Subsection 
(1)
; and
(b)
complete the remaining entries for the certificate or report immediately after the 
decree or order becomes final.
(4)
On or before the 15th day of each month, the clerk shall forward the divorce certificates 
and reports of adoption under Subsection 
(1)
 completed by the clerk during the 
preceding month to the state registrar, except for reports of adoption provided to an 
attorney or child-placing agency under Subsection 
(5)(b)
.
(5)
(a)
In addition to the report of adoption that the clerk forwards to the state registrar 
under Subsection 
(4)
, the clerk shall also provide an original report of adoption under 
Subsection 
(1)
, upon request, to the attorney who is providing representation of a 
party to the adoption, or the child-placing agency, as defined in Section 
78B-6-103
81-13-101
, that is placing the child.
(b)
If the child was born in another state, the clerk of court shall prepare and provide one 
original report of adoption, upon request, to the attorney who is providing 
representation of a party to the adoption, or the child-placing agency that is placing 
the child, and the attorney or child-placing agency shall be responsible for submitting 
the report to the state of the child's birth.
(c)
If the attorney or child-placing agency does not request an original report of adoption 
under Subsection 
(5)(a)
 or 
(b)
, the clerk shall forward the report of adoption to the 
state registrar pursuant to Subsection 
(4)
.
(d)
If, pursuant to Subsection 
(5)(a)
, an original report of adoption is provided to the 
attorney or the child-placing agency, as defined in Section 
78B-6-103
81-13-101
, 
the attorney or the child-placing agency shall immediately provide the report of 
adoption to the state registrar.
Section 16, Section 
26B-8-131
 is amended to read:
26B-8-131
. Birth certificate for foreign adoptees.
Upon presentation of a court order of adoption and an order establishing the fact, time, 
and place of birth under Section 
26B-8-119
, the department shall prepare a birth certificate for 
an individual who:
(1)
was adopted under the laws of this state; and
(2)
was at the time of adoption, as a child or as an adult, considered an alien child or 
adult 
for whom the court received documentary evidence of lawful admission under Section 
78B-6-108
an adult born in another country
.
Section 17, Section 
26B-9-101
 is amended to read:
26B-9-101
. Definitions.
As used in this part:
(1)
"Account" means a demand deposit account, checking or negotiable withdrawal order 
account, savings account, time deposit account, or money-market mutual fund account.
(2)
"Alleged father" means the same as that term is defined in Section 
81-5-102
.
(2)
(3)
"Assistance" means public assistance.
(4)
"Birth mother" means the same as that term is defined in Section 
81-5-102
.
(3)
(5)
"Child" means the same as that term is defined in Section 
81-6-101
.
(4)
(6)
(a)
"Child support" means a base child support award as defined in Section 
81-6-101
, or a financial award for uninsured monthly medical expenses, ordered by a 
tribunal for the support of a child, including current periodic payments, all arrearages 
that accrue under an order for current periodic payments, and sum certain judgments 
awarded for arrearages, medical expenses, and child care costs.
(b)
"Child support" includes obligations ordered by a tribunal for the support of a spouse 
or former spouse with whom the child resides if the spousal support is collected with 
the child support.
(5)
(7)
"Child support services" means services provided pursuant to Part D of Title IV of 
the Social Security Act, 42 U.S.C. Sec. 651, et seq.
(6)
(8)
"Director" means the director of the Office of Recovery Services.
(7)
(9)
"Financial institution" means:
(a)
a depository institution as defined in Section 
7-1-103
 or the Federal Deposit 
Insurance Act, 12 U.S.C. Sec. 1813(c);
(b)
an institution-affiliated party as defined in the Federal Deposit Insurance Act, 12 
U.S.C. Sec. 1813(u);
(c)
any federal credit union or state credit union as defined in the Federal Credit Union 
Act, 12 U.S.C. Sec. 1752, including an institution-affiliated party of such a credit 
union as defined in 12 U.S.C. Sec. 1786(r);
(d)
a broker-dealer as defined in Section 
61-1-13
; or
(e)
any benefit association, insurance company, safe deposit company, money-market 
mutual fund, or similar entity authorized to do business in the state.
(8)
(10)
"Financial record" means the same as that term is defined in the Right to Financial 
Privacy Act of 1978, 12 U.S.C. Sec. 3401.
(9)
(11)
(a)
"Income" means earnings, compensation, or other payment due to an 
individual, regardless of source, whether denominated as wages, salary, commission, 
bonus, pay, or contract payment, or denominated as advances on future wages, salary, 
commission, bonus, pay, allowances, contract payment, or otherwise, including 
severance pay, sick pay, and incentive pay.
(b)
"Income" includes:
(i)
all gain derived from capital assets, labor, or both, including profit gained through 
sale or conversion of capital assets;
(ii)
interest and dividends;
(iii)
periodic payments made under pension or retirement programs or insurance 
policies of any type;
(iv)
unemployment compensation benefits;
(v)
workers' compensation benefits; and
(vi)
disability benefits.
(10)
(12)
"IV-D" means Part D of Title IV of the Social Security Act, 42 U.S.C. Sec. 651 
et seq.
(11)
(13)
"IV-D child support services" means child support services.
(12)
(14)
"New hire registry" means the centralized new hire registry created in Section 
35A-7-103
.
(13)
(15)
"Obligee" means an individual, this state, another state, or other comparable 
jurisdiction to whom a debt is owed or who is entitled to reimbursement of child support 
or public assistance.
(14)
(16)
"Obligor" means a person, firm, corporation, or the estate of a decedent owing 
money to this state, to an individual, to another state, or other comparable jurisdiction in 
whose behalf this state is acting.
(15)
(17)
"Office" means the Office of Recovery Services.
(18)
"Parentage" means the same as that term is defined in Section 
81-5-102
.
(16)
(19)
"Public assistance" means:
(a)
services or benefits provided under Title 35A, Chapter 3, Employment Support Act;
(b)
medical assistance provided under Chapter 3, Part 1, Health Care Assistance;
(c)
foster care maintenance payments under Part E of Title IV of the Social Security Act, 
42 U.S.C. Sec. 670, et seq.;
(d)
SNAP benefits as defined in Section 
35A-1-102
; or
(e)
any other public funds expended for the benefit of a person in need of financial, 
medical, food, housing, or related assistance.
(17)
(20)
"State case registry" means the central, automated record system maintained by 
the office and the central, automated district court record system maintained by the 
Administrative Office of the Courts, that contains records which use standardized data 
elements, such as names, Social Security numbers and other uniform identification 
numbers, dates of birth, and case identification numbers, with respect to:
(a)
each case in which services are being provided by the office under the state IV-D 
child support services plan; and
(b)
each support order established or modified in the state on or after October 1, 1998.
Section 18, Section 
26B-9-104
 is amended to read:
26B-9-104
. Duties of the Office of Recovery Services.
(1)
The office has the following duties:
(a)
except as provided in Subsection (2), to provide child support services if:
(i)
the office has received an application for child support services;
(ii)
the state has provided public assistance; or
(iii)
a child lives out of the home in the protective custody, temporary custody, or 
custody or care of the state;
(b)
for the purpose of collecting child support, to carry out the obligations of the 
department contained in:
(i)
this chapter;
(ii)
Title 78B, Chapter 14, Utah Uniform Interstate Family Support Act; 
(iii)
Title 78B, Chapter 15, Utah Uniform Parentage Act; and
(ii)
Title 81, Chapter 5, Uniform Parentage Act;
(iv)
(iii)
Title 81, Chapter 6, Child Support;
(iv)
Title 81, Chapter 7, Payment and Enforcement of Spousal and Child Support; and
(v)
Title 81, Chapter 8, Uniform Interstate Family Support Act;
(c)
to collect money due the department which could act to offset expenditures by the 
state;
(d)
to cooperate with the federal government in programs designed to recover health and 
social service funds;
(e)
to collect civil or criminal assessments, fines, fees, amounts awarded as restitution, 
and reimbursable expenses owed to the state or any of its political subdivisions, if the 
office has contracted to provide collection services;
(f)
to implement income withholding for collection of child support in accordance with 
Part 3, Income Withholding in IV-D Cases;
(g)
to enter into agreements with financial institutions doing business in the state to 
develop and operate, in coordination with such financial institutions, a data match 
system in the manner provided for in Section 
26B-9-208
;
(h)
to establish and maintain the state case registry in the manner required by the Social 
Security Act, 42 U.S.C. Sec. 654a, which shall include a record in each case of:
(i)
the amount of monthly or other periodic support owed under the order, and other 
amounts, including arrearages, interest, late payment penalties, or fees, due or 
overdue under the order;
(ii)
any amount described in Subsection (1)(h)(i) that has been collected;
(iii)
the distribution of collected amounts;
(iv)
the birth date of any child for whom the order requires the provision of support; 
and
(v)
the amount of any lien imposed with respect to the order pursuant to this part;
(i)
to contract with the Department of Workforce Services to establish and maintain the 
new hire registry created under Section 
35A-7-103
;
(j)
to determine whether an individual who has applied for or is receiving cash assistance 
or Medicaid is cooperating in good faith with the office as required by Section 
26B-9-213
;
(k)
to finance any costs incurred from collections, fees, General Fund appropriation, 
contracts, and federal financial participation; and
(l)
to provide notice to a noncustodial parent in accordance with Section 
26B-9-207
 of 
the opportunity to contest the accuracy of allegations by a custodial parent of 
nonpayment of past-due child support, prior to taking action against a noncustodial 
parent to collect the alleged past-due support.
(2)
The office may not provide child support services to the Division of Child and Family 
Services for a calendar month when the child to whom the child support services relate 
is:
(a)
in the custody of the Division of Child and Family Services; and
(b)
lives in the home of a custodial parent of the child for more than seven consecutive 
days, regardless of whether:
(i)
the greater than seven consecutive day period starts during one month and ends in 
the next month; and
(ii)
the child is living in the home on a trial basis.
(3)
The Division of Child and Family Services is not entitled to child support, for a child to 
whom the child support relates, for a calendar month when child support services may 
not be provided under Subsection (2).
Section 19, Section 
26B-9-108
 is amended to read:
26B-9-108
. Director -- Powers of office -- Representation by county attorney or 
attorney general -- Receipt of grants -- Rulemaking and enforcement.
(1)
The director of the office shall be appointed by the executive director.
(2)
The office has power to administer oaths, certify to official acts, issue subpoenas, and to 
compel witnesses and the production of books, accounts, documents, and evidence.
(3)
The office has the power to seek administrative and judicial orders to require an obligor 
who owes past-due support and is obligated to support a child receiving public 
assistance to participate in appropriate work activities if the obligor is unemployed and 
is not otherwise incapacitated.
(4)
The office has the power to enter into reciprocal child support enforcement agreements 
with foreign countries consistent with federal law and cooperative enforcement 
agreements with Indian Tribes.
(5)
The office has the power to pursue through court action the withholding, suspension, 
and revocation of driver's licenses, professional and occupational licenses, and 
recreational licenses of individuals owing overdue support or failing, after receiving 
appropriate notice, to comply with subpoenas or orders relating to 
paternity
parentage
or child support proceedings pursuant to Section 
78B-6-315
.
(6)
(a)
It is the duty of the attorney general or the county attorney of any county in which 
a cause of action can be filed, to represent the office. 
(b)
Neither the attorney general nor the county attorney represents or has an 
attorney-client relationship with the obligee or the obligor in carrying out the duties 
arising under this chapter.
(7)
The office, with department approval, is authorized to receive any grants or stipends 
from the federal government or other public or private source designed to aid the 
efficient and effective operation of the recovery program.
(8)
The office may adopt, amend, and enforce rules as may be necessary to carry out the 
provisions of this chapter.
Section 20, Section 
26B-9-205
 is amended to read:
26B-9-205
. Expedited procedures for establishing parentage or establishing, 
modifying, or enforcing a support order.
(1)
The office may, without the necessity of initiating an adjudicative proceeding or 
obtaining an order from any other judicial or administrative tribunal, take the following 
actions related to the establishment of 
paternity
parentage
 or the establishment, 
modification, or enforcement of a support order, and to recognize and enforce the 
authority of state agencies of other states to take the following actions:
(a)
require a child, 
a birth 
mother, and 
an 
alleged father to submit to genetic testing;
(b)
subpoena financial or other information needed to establish, modify, or enforce a 
support order, including:
(i)
the name, address, and employer of a person who owes or is owed support that 
appears on the customer records of public utilities and cable television companies; 
and
(ii)
information held by financial institutions on such things as the assets and 
liabilities of a person who owes or is owed support;
(c)
require a public or private employer to promptly disclose information to the office on 
the name, address, date of birth, social security number, employment status, 
compensation, and benefits, including health insurance, of any person employed as 
an employee or contractor by the employer;
(d)
require an insurance organization subject to 
Title 31A, Insurance Code
, or an 
insurance administrator of a self-insured employer to promptly disclose to the office 
health insurance information pertaining to an insured or an insured's dependents, if 
known;
(e)
obtain access to information in the records and automated databases of other state 
and local government agencies, including:
(i)
marriage, birth, and divorce records;
(ii)
state and local tax and revenue records providing information on such things as 
residential and mailing addresses, employers, income, and assets;
(iii)
real and titled personal property records;
(iv)
records concerning occupational and professional licenses and the ownership and 
control of corporations, partnerships, and other business entities;
(v)
employment security records;
(vi)
records of agencies administering public assistance programs;
(vii)
motor vehicle department records; and
(viii)
corrections records;
(f)
upon providing notice to the obligor and obligee, direct an obligor or other payor to 
change the payee to the office if support has been assigned to the office under Section 
35A-7-108
 or if support is paid through the office pursuant to the Social Security Act, 
42 U.S.C. Sec. 654B;
(g)
order income withholding in accordance with 
Part 3, Income Withholding in IV-D 
Cases
;
(h)
secure assets to satisfy past-due support by:
(i)
intercepting or seizing periodic or lump-sum payments from:
(A)
a state or local government agency, including unemployment compensation, 
workers' compensation, and other benefits; and
(B)
judgments, settlements, and lotteries;
(ii)
attaching and seizing assets of an obligor held in financial institutions;
(iii)
attaching public and private retirement funds, if the obligor presently:
(A)
receives periodic payments; or
(B)
has the authority to withdraw some or all of the funds; and
(iv)
imposing liens against real and personal property in accordance with this section 
and Section 
26B-9-214
; and
(i)
increase monthly payments in accordance with Section 
26B-9-219
.
(2)
(a)
When taking action under Subsection 
(1)
, the office shall send notice under this 
Subsection 
(2)(a)
 to the person or entity who is required to comply with the action if 
not a party to a case receiving IV-D services.
(b)
The notice described in Subsection 
(2)(a)
 shall include:
(i)
the authority of the office to take the action;
(ii)
the response required by the recipient;
(iii)
the opportunity to provide clarifying information to the office under Subsection 
(2)(c)
;
(iv)
the name and telephone number of a person in the office who can respond to 
inquiries; and
(v)
the protection from criminal and civil liability extended under Subsection 
(7)
.
(c)
The recipient of a notice sent under this Subsection 
(2)
 shall promptly comply with 
the terms of the notice and may, if the recipient believes the office's request is in 
error, send clarifying information to the office setting forth the basis for the 
recipient's belief.
(3)
The office shall in any case in which it requires genetic testing under Subsection 
(1)(a)
:
(a)
consider clarifying information if submitted by the obligee and alleged father;
(b)
proceed with testing as the office considers appropriate;
(c)
pay the cost of the tests, subject to recoupment from the alleged father if 
paternity
parentage
 is established;
(d)
order a second test if the original test result is challenged, and the challenger pays the 
cost of the second test in advance; and
(e)
require that the genetic test is:
(i)
of a type generally acknowledged as reliable by accreditation bodies designated by 
the Secretary of the United States Department of Health and Human Services; and
(ii)
performed by a laboratory approved by such an accreditation body.
(4)
The office may impose a penalty against an entity for failing to provide information 
requested in a subpoena issued under Subsection 
(1)
 as follows:
(a)
$25 for each failure to provide requested information; or
(b)
$500 if the failure to provide requested information is the result of a conspiracy 
between the entity and the obligor to not supply the requested information or to 
supply false or incomplete information.
(5)
(a)
Unless a court or administrative agency has reduced past-due support to a sum 
certain judgment, the office shall provide concurrent notice to an obligor in 
accordance with Section 
26B-9-207
 of:
(i)
any action taken pursuant to Subsections 
(1)(h)(i)(B)
, 
(1)(h)(ii)
, 
(1)(h)(iii)
, or 
Subsection 
26B-9-208(1)(b)
 if Subsection 
(5)(b)(iii)
 does not apply; and
(ii)
the opportunity of the obligor to contest the action and the amount claimed to be 
past-due by filing a written request for an adjudicative proceeding with the office 
within 15 days of notice being sent.
(b)
(i)
Upon receipt of a notice of levy from the office for an action taken pursuant to 
Subsections 
(1)(h)(i)(B)
, 
(1)(h)(ii)
, 
(1)(h)(iii)
, or Subsection 
26B-9-208(1)(b)
, a 
person in possession of personal property of the obligor shall:
(A)
secure the property from unauthorized transfer or disposition as required by 
Section 
26B-9-215
; and
(B)
surrender the property to the office after 21 days of receiving the notice unless 
the office has notified the person to release all or part of the property to the 
obligor.
(ii)
Unless released by the office, a notice of levy upon personal property shall be:
(A)
valid for 60 days; and
(B)
effective against any additional property which the obligor may deposit or 
transfer into the possession of the person up to the amount of the levy.
(iii)
If the property upon which the office imposes a levy is insufficient to satisfy the 
specified amount of past-due support and the obligor fails to contest that amount 
under Subsection 
(5)(a)(ii)
, the office may proceed under Subsections 
(1)(h)(i)(B)
, 
(1)(h)(ii)
, 
(1)(h)(iii)
, or Subsection 
26B-9-208(1)(b)
 against additional property of 
the obligor until the amount specified and the reasonable costs of collection are 
fully paid.
(c)
Except as provided in Subsection 
(5)(b)(iii)
, the office may not disburse funds 
resulting from action requiring notice under Subsection 
(5)(a)(i)
 until:
(i)
21 days after notice was sent to the obligor; and
(ii)
the obligor, if the obligor contests the action under Subsection 
(5)(a)(ii)
, has 
exhausted the obligor's administrative remedies and, if appealed to a district court, 
the district court has rendered a final decision.
(d)
Before intercepting or seizing any periodic or lump-sum payment under Subsection 
(1)(h)(i)(A)
, the office shall:
(i)
comply with Subsection 
59-10-529(4)(a)
; and
(ii)
include in the notice required by Subsection 
59-10-529(4)(a)
 reference to 
Subsection 
(1)(h)(i)(A)
.
(e)
If Subsection 
(5)(a)
 or 
(5)(d)
 does not apply, an action against the real or personal 
property of the obligor shall be in accordance with Section 
26B-9-214
.
(6)
All information received under this section is subject to 
Title 63G, Chapter 2, 
Government Records Access and Management Act
.
(7)
No employer, financial institution, public utility, cable company, insurance 
organization, its agent or employee, or related entity may be civilly or criminally liable 
for providing information to the office or taking any other action requested by the office 
pursuant to this section.
(8)
The actions the office may take under Subsection 
(1)
 are in addition to the actions the 
office may take pursuant to 
Part 3, Income Withholding in IV-D Cases
.
Section 21, Section 
26B-9-206
 is amended to read:
26B-9-206
. Issuance or modification of administrative order -- Compliance with 
court order -- Authority of office -- Stipulated agreements -- Notification requirements.
(1)
Through an adjudicative proceeding the office may issue or modify an administrative 
order that:
(a)
determines 
paternity
parentage
;
(b)
determines whether an obligor owes support;
(c)
determines temporary orders of child support upon clear and convincing evidence of 
paternity
parentage
 in the form of genetic test results or other evidence;
(d)
requires an obligor to pay a specific or determinable amount of present and future 
support;
(e)
determines the amount of past-due support;
(f)
orders an obligor who owes past-due support and is obligated to support a child 
receiving public assistance to participate in appropriate work activities if the obligor 
is unemployed and is not otherwise incapacitated;
(g)
imposes a penalty authorized under this chapter;
(h)
determines an issue that may be specifically contested under this chapter by a party 
who timely files a written request for an adjudicative proceeding with the office; and
(i)
renews an administrative judgment.
(2)
(a)
An abstract of a final administrative order issued under this section or a notice of 
judgment-lien under Section 
26B-9-214
 may be filed with the clerk of any district 
court.
(b)
Upon a filing under Subsection 
(2)(a)
, the clerk of the court shall:
(i)
docket the abstract or notice in the judgment docket of the court and note the time 
of receipt on the abstract or notice and in the judgment docket; and
(ii)
at the request of the office, place a copy of the abstract or notice in the file of a 
child support action involving the same parties.
(3)
If a judicial order has been issued, the office may not issue an order under Subsection 
(1)
that is not based on the judicial order, except:
(a)
the office may establish a new obligation in those cases in which the juvenile court 
has ordered the parties to meet with the office to determine the support pursuant to 
Section 
78A-6-356
; or
(b)
the office may issue an order of current support in accordance with the child support 
guidelines if the conditions of Subsection 
78B-14-207(2)(c)
81-8-207(2)(c)
 are met.
(4)
The office may proceed under this section in the name of this state, another state under 
Section 
26B-9-209
, any department of this state, the office, or the obligee.
(5)
The office may accept voluntary acknowledgment of a support obligation and enter into 
stipulated agreements providing for the issuance of an administrative order under this 
part.
(6)
The office may act in the name of the obligee in endorsing and cashing any drafts, 
checks, money orders, or other negotiable instruments received by the office for support.
(7)
The obligor shall, after a notice of agency action has been served on the obligor in 
accordance with Section 
63G-4-201
, keep the office informed of:
(a)
the obligor's current address;
(b)
the name and address of current payors of income;
(c)
availability of or access to health insurance coverage; and
(d)
applicable health insurance policy information.
Section 22, Section 
26B-9-207
 is amended to read:
26B-9-207
. Filing of location information -- Service of process.
(1)
(a)
Upon the entry of an order in a proceeding to establish 
paternity
parentage
 or to 
establish, modify, or enforce a support order, each party shall file identifying 
information and shall update that information as changes occur:
(i)
with the court or administrative agency that conducted the proceeding; and
(ii)
after October 1, 1998, with the state case registry.
(b)
The identifying information required under Subsection 
(1)(a)
 shall include the 
person's Social Security number, driver's license number, residential and mailing 
addresses, telephone numbers, the name, address, and telephone number of 
employers, and any other data required by the Secretary of the United States 
Department of Health and Human Services.
(c)
In any subsequent child support action involving the office or between the parties, 
state due process requirements for notice and service of process shall be satisfied as 
to a party upon:
(i)
a sufficient showing that diligent effort has been made to ascertain the location of 
the party; and
(ii)
delivery of notice to the most recent residential or employer address filed with the 
court, administrative agency, or state case registry under Subsection 
(1)(a)
.
(2)
(a)
The office shall provide individuals who are applying for or receiving services 
under this chapter or who are parties to cases in which services are being provided 
under this chapter:
(i)
with notice of all proceedings in which support obligations might be established or 
modified; and
(ii)
with a copy of any order establishing or modifying a child support obligation, or 
in the case of a petition for modification, a notice of determination that there 
should be no change in the amount of the child support award, within 14 days 
after issuance of such order or determination.
(b)
Notwithstanding Subsection 
(2)(a)(ii)
, notice in the case of an interstate order shall 
be provided in accordance with Section 
78B-14-614
81-8-614
.
(3)
Service of all notices and orders under this part shall be made in accordance with 
Title 
63G, Chapter 4, Administrative Procedures Act
, the Utah Rules of Civil Procedure, or 
this section.
(4)
Consistent with 
Title 63G, Chapter 2, Government Records Access and Management 
Act
, the office shall adopt procedures to classify records to prohibit the unauthorized use 
or disclosure of information relating to a proceeding to:
(a)
establish 
paternity
parentage
; or
(b)
establish or enforce support.
(5)
(a)
The office shall, upon written request, provide location information available in its 
files on a custodial or noncustodial parent to the other party or the other party's legal 
counsel provided that:
(i)
the party seeking the information produces a copy of the parent-time order signed 
by the court;
(ii)
the information has not been safeguarded in accordance with Section 454 of the 
Social Security Act;
(iii)
the party whose location is being sought has been afforded notice in accordance 
with this section of the opportunity to contest release of the information;
(iv)
the party whose location is being sought has not provided the office with a copy 
of a protective order, a current court order prohibiting disclosure, a current court 
order limiting or prohibiting the requesting person's contact with the party or child 
whose location is being sought, a criminal order, an administrative order pursuant 
to Section 
80-2-707
, or documentation of a pending proceeding for any of the 
above; and
(v)
there is no other state or federal law that would prohibit disclosure.
(b)
"Location information" shall consist of the current residential address of the 
custodial or noncustodial parent and, if different and known to the office, the current 
residence of any children who are the subject of the parent-time order. If there is no 
current residential address available, the person's place of employment and any other 
location information shall be disclosed.
(c)
For the purposes of this section, "reason to believe" under Section 454 of the Social 
Security Act means that the person seeking to safeguard information has provided to 
the office a copy of a protective order, current court order prohibiting disclosure, 
current court order prohibiting or limiting the requesting person's contact with the 
party or child whose location is being sought, criminal order signed by a court of 
competent jurisdiction, an administrative order pursuant to Section 
80-2-707
, or 
documentation of a pending proceeding for any of the above.
(d)
Neither the state, the department, the office nor its employees shall be liable for any 
information released in accordance with this section.
(6)
Custodial or noncustodial parents or their legal representatives who are denied location 
information in accordance with Subsection 
(5)
 may serve the Office of Recovery 
Services to initiate an action to obtain the information.
Section 23, Section 
26B-9-209
 is amended to read:
26B-9-209
. Support collection services requested by agency of another state.
(1)
In accordance with 
Title 78B, Chapter 14, Utah Uniform Interstate Family Support Act
Title 81, Chapter 8, Uniform Interstate Family Support Act
, the office may proceed to 
issue or modify an order under Section 
26B-9-206
 to collect under this part from an 
obligor who is located in or is a resident of this state regardless of the presence or 
residence of the obligee if:
(a)
support collection services are requested by an agency of another state that is 
operating under Part IV-D of the Social Security Act; or
(b)
an individual applies for services.
(2)
The office shall use high-volume automated administrative enforcement, to the same 
extent it is used for intrastate cases, in response to a request made by another state's 
IV-D child support agency to enforce support orders.
(3)
A request by another state shall constitute a certification by the requesting state:
(a)
of the amount of support under the order of payment of which is in arrears; and
(b)
that the requesting state has complied with procedural due process requirements 
applicable to the case.
(4)
The office shall give automated administrative interstate enforcement requests the same 
priority as a two-state referral received from another state to enforce a support order.
(5)
The office shall promptly report the results of the enforcement procedures to the 
requesting state.
(6)
As required by the Social Security Act, 42 U.S.C. Sec. 666(a)(14), the office shall 
maintain records of:
(a)
the number of requests for enforcement assistance received by the office under this 
section;
(b)
the number of cases for which the state collected support in response to those 
requests; and
(c)
the amount of support collected.
Section 24, Section 
26B-9-213
 is amended to read:
26B-9-213
. Duties of obligee after assignment of support rights.
(1)
An obligee whose rights to support have been assigned under Section 
35A-3-108
 as a 
condition of eligibility for public assistance has the following duties:
(a)
Unless a good cause or other exception applies, the obligee shall, at the request of the 
office:
(i)
cooperate in good faith with the office by providing the name and other 
identifying information of the other parent of the obligee's child for the purpose of:
(A)
establishing 
paternity
parentage
; or
(B)
establishing, modifying, or enforcing a child support order;
(ii)
supply additional necessary information and appear at interviews, hearings, and 
legal proceedings; and
(iii)
submit the obligee's child and 
himself
the obligee
 to judicially or 
administratively ordered genetic testing.
(b)
The obligee may not commence an action against an obligor or file a pleading to 
collect or modify support without the office's written consent.
(c)
The obligee may not do anything to prejudice the rights of the office to establish 
paternity
parentage
, enforce provisions requiring health insurance, or to establish and 
collect support.
(d)
The obligee may not agree to allow the obligor to change the court or 
administratively ordered manner or amount of payment of past, present, or future 
support without the office's written consent.
(2)
(a)
The office shall determine and redetermine, when appropriate, whether an obligee 
has cooperated with the office as required by Subsection (1)(a).
(b)
If the office determines that an obligee has not cooperated as required by Subsection 
(1)(a), the office shall:
(i)
forward the determination and the basis for it to the Department of Workforce 
Services, which shall inform the department of the determination, for a 
determination of whether compliance by the obligee should be excused on the 
basis of good cause or other exception; and
(ii)
send to the obligee:
(A)
a copy of the notice; and
(B)
information that the obligee may, within 15 days of notice being sent:
(I)
contest the office's determination of noncooperation by filing a written 
request for an adjudicative proceeding with the office; or
(II)
assert that compliance should be excused on the basis of good cause or 
other exception by filing a written request for a good cause exception with 
the Department of Workforce Services.
(3)
The office's right to recover is not reduced or terminated if an obligee agrees to allow 
the obligor to change the court or administratively ordered manner or amount of 
payment of support regardless of whether that agreement is entered into before or after 
public assistance is furnished on behalf of a child.
(4)
(a)
If an obligee receives direct payment of assigned support from an obligor, the 
obligee shall immediately deliver that payment to the office.
(b)
(i)
If an obligee agrees with an obligor to receive payment of support other than in 
the court or administratively ordered manner and receives payment as agreed with 
the obligor, the obligee shall immediately deliver the cash equivalent of the 
payment to the office.
(ii)
If the amount delivered to the office by the obligee under Subsection (4)(b)(i) 
exceeds the amount of the court or administratively ordered support due, the 
office shall return the excess to the obligee.
(5)
(a)
If public assistance furnished on behalf of a child is terminated, the office may 
continue to provide 
paternity
parentage
 establishment and support collection 
services.
(b)
Unless the obligee notifies the office to discontinue these services, the obligee is 
considered to have accepted and is bound by the rights, duties, and liabilities of an 
obligee who has applied for those services.
Section 25, Section 
26B-9-230
 is amended to read:
26B-9-230
. Right to judicial review.
(1)
(a)
Within 30 days of notice of any administrative action on the part of the office to 
establish 
paternity
parentage
 or establish, modify or enforce a child support order, 
the obligor may file a petition for de novo review with the district court.
(b)
For purposes of Subsection (1)(a), notice includes:
(i)
notice actually received by the obligor in accordance with Section 
26B-9-207
;
(ii)
participation by the obligor in the proceedings related to the establishment of the 
paternity
parentage
 or the modification or enforcement of child support; or
(iii)
receiving a paycheck in which a reduction has been made for child support.
(2)
The petition shall name the office and all other appropriate parties as respondents and 
meet the form requirements specified in Section 
63G-4-402
.
(3)
A copy of the petition shall be served upon the Child and Family Support Division of 
the Office of Attorney General.
(4)
(a)
If the petition is regarding the amount of the child support obligation established 
in accordance with Title 81, Chapter 6, Child Support, the court may issue a 
temporary order for child support until a final order is issued.
(b)
The petitioner may file an affidavit stating the amount of child support reasonably 
believed to be due and the court may issue a temporary order for that amount. The 
temporary order shall be valid for 60 days, unless extended by the court while the 
action is being pursued.
(c)
If the court upholds the amount of support established in Subsection (4)(a), the 
petitioner shall be ordered to make up the difference between the amount originally 
ordered in Subsection (4)(a) and the amount temporarily ordered under Subsection 
(4)(b).
(d)
This Subsection (4) does not apply to an action for the court-ordered modification of 
a judicial child support order.
(5)
(a)
The court may, on its own initiative and based on the evidence before it, 
determine whether the petitioner violated Rule 11 of the Utah Rules of Civil 
Procedure by filing the action. 
(b)
 If the court determines that Rule 11 of the Utah Rules of Civil Procedure was 
violated, it shall, at a minimum, award to the office attorney fees and costs for the 
action.
(6)
Nothing in this section precludes the obligor from seeking administrative remedies as 
provided in this chapter.
Section 26, Section 
35A-3-308
 is amended to read:
35A-3-308
. Adoption services -- Printed information -- Supports provided.
(1)
The department may provide assistance under this section to an applicant who is 
pregnant and is not receiving cash assistance at the beginning of the third trimester of 
pregnancy.
(2)
For a pregnant applicant, the department shall:
(a)
refer the applicant for appropriate prenatal medical care, including maternal health 
services provided under 
Title 26B, Chapter 7, Part 1, Health Promotion and Risk 
Reduction
;
(b)
inform the applicant of free counseling about adoption from licensed child placement 
agencies and licensed attorneys; and
(c)
offer the applicant the adoption information packet described in Subsection 
(3)
.
(3)
The department shall publish an adoption information packet that:
(a)
is easy to understand;
(b)
contains geographically indexed materials on the public and private organizations 
that provide adoption assistance;
(c)
lists the names, addresses, and telephone numbers of licensed child placement 
agencies and licensed attorneys who place children for adoption;
(d)
explains that private adoption is legal and that the law permits adoptive parents to 
reimburse the costs of prenatal care, childbirth, neonatal care, and other expenses 
related to pregnancy; and
(e)
describes the services available to the applicant under this section.
(4)
(a)
A recipient remains eligible for assistance under this section, even though the 
recipient relinquishes a child for adoption, if the adoption is in accordance with 
Sections 
78B-6-120
 through 
78B-6-122
81-13-212
 and 
81-13-213
.
(b)
The assistance provided under this section may include:
(i)
reimbursement for expenses associated with care and confinement during 
pregnancy as provided in Subsection 
(5)
; and
(ii)
for a maximum of 12 months from the date of relinquishment, coordination of 
services to assist the recipient in:
(A)
receiving appropriate educational and occupational assessment and planning;
(B)
enrolling in appropriate education or training programs, including high school 
completion and adult education programs;
(C)
enrolling in programs that provide assistance with job readiness, employment 
counseling, finding employment, and work skills;
(D)
finding suitable housing;
(E)
receiving medical assistance, under 
Title 26B, Chapter 3, Health Care - 
Administration and Assistance
, if the recipient is otherwise eligible; and
(F)
receiving counseling and other mental health services.
(5)
(a)
Except as provided in Subsection 
(5)(b)
, a recipient under this section is eligible 
to receive an amount equal to the maximum monthly amount of cash assistance paid 
under this part to one person for up to 12 consecutive months from the date of 
relinquishment.
(b)
If a recipient is otherwise eligible to receive cash assistance under this part, the 
recipient is eligible to receive an amount equal to the increase in cash assistance the 
recipient would have received but for the relinquishment for up to 12 consecutive 
months from the date of relinquishment.
(6)
(a)
To remain eligible for assistance under this section, a recipient shall:
(i)
with the cooperation of the department, develop and implement an employment 
plan that includes goals for achieving self-sufficiency and that describes the action 
the recipient will take concerning education and training to achieve full-time 
employment;
(ii)
if the recipient does not have a high school diploma, enroll in high school or an 
alternative to high school and demonstrate progress toward graduation; and
(iii)
make a good faith effort to meet the goals of the employment plan as described 
in Section 
35A-3-304
.
(b)
Cash assistance provided to a recipient before the recipient relinquishes a child for 
adoption is part of the state plan.
(c)
Assistance provided under Subsection 
(5)
:
(i)
shall be provided for with state funds; and
(ii)
may not be counted when determining subsequent eligibility for cash assistance 
under this chapter.
(d)
The time limit provisions of Section 
35A-3-306
 apply to cash assistance provided 
under the state plan.
(e)
The department shall monitor a recipient's compliance with this section.
(f)
Except for Subsection 
(6)(b)
, Subsections 
(2)
 through 
(6)
 are excluded from the state 
plan.
Section 27, Section 
53-10-108
 is amended to read:
53-10-108
. Restrictions on access, use, and contents of division records -- 
Limited use of records for employment purposes -- Challenging accuracy of records -- 
Usage fees -- Missing children records -- Penalty for misuse of records.
(1)
As used in this section:
(a)
"Clone" means to copy a subscription or subscription data from a rap back system, 
including associated criminal history record information, from a qualified entity to 
another qualified entity.
(b)
"FBI Rap Back System" means the rap back system maintained by the Federal 
Bureau of Investigation.
(c)
"Rap back system" means a system that enables authorized entities to receive 
ongoing status notifications of any criminal history reported on individuals whose 
fingerprints are registered in the system.
(d)
"Volunteer Employee Criminal History System" or "VECHS" means a system that 
allows the bureau and the Federal Bureau of Investigation to provide criminal history 
record information to a qualifying entity, including a non-governmental qualifying 
entity.
(e)
"WIN Database" means the Western Identification Network Database that consists of 
eight western states sharing one electronic fingerprint database.
(2)
Except as provided in Subsection 
(17)
, dissemination of information from a criminal 
history record, including information obtained from a fingerprint background check, 
name check, warrant of arrest information, or information from division files, is limited 
to:
(a)
criminal justice agencies for purposes of administration of criminal justice and for 
employment screening by criminal justice agencies;
(b)
(i)
agencies or individuals pursuant to a specific agreement with a criminal justice 
agency to provide services required for the administration of criminal justice; and
(ii)
the agreement shall specifically authorize access to data, limit the use of the data 
to purposes for which given, and ensure the security and confidentiality of the 
data;
(c)
a qualifying entity for employment background checks for the qualifying entity's own 
employees or volunteers and individuals who have applied for employment with or to 
serve as a volunteer for the qualifying entity;
(d)
noncriminal justice agencies or individuals for any purpose authorized by statute, 
executive order, court rule, court order, or local ordinance;
(e)
agencies or individuals for the purpose of obtaining required clearances connected 
with foreign travel or obtaining citizenship;
(f)
agencies or individuals for the purpose of a preplacement adoptive study, in 
accordance with the requirements of Sections 
78B-6-128
 and 
78B-6-130
81-13-403
and 
81-13-405
;
(g)
private security agencies through guidelines established by the commissioner for 
employment background checks for their own employees and prospective employees;
(h)
state agencies for the purpose of conducting a background check for the following 
individuals:
(i)
employees;
(ii)
applicants for employment;
(iii)
volunteers; and
(iv)
contract employees;
(i)
governor's office for the purpose of conducting a background check on the following 
individuals:
(i)
cabinet members;
(ii)
judicial applicants; and
(iii)
members of boards, committees, and commissions appointed by the governor;
(j)
the office of the lieutenant governor for the purpose of conducting a background 
check on an individual applying to be a notary public under Section 
46-1-3
;
(k)
agencies and individuals as the commissioner authorizes for the express purpose of 
research, evaluative, or statistical activities pursuant to an agreement with a criminal 
justice agency; and
(l)
other agencies and individuals as the commissioner authorizes and finds necessary for 
protection of life and property and for offender identification, apprehension, and 
prosecution pursuant to an agreement.
(3)
An agreement under Subsection 
(2)(k)
 shall specifically authorize access to data, limit 
the use of data to research, evaluative, or statistical purposes, preserve the anonymity of 
individuals to whom the information relates, and ensure the confidentiality and security 
of the data.
(4)
(a)
Before requesting information, a qualifying entity under Subsection 
(2)(c)
, state 
agency, or other agency or individual described in Subsections 
(2)(d)
 through 
(j)
 shall 
obtain a signed waiver from the person whose information is requested.
(b)
The waiver shall notify the signee:
(i)
that a criminal history background check will be conducted;
(ii)
who will see the information; and
(iii)
how the information will be used.
(c)
A qualifying entity under Subsection 
(2)(c)
, state agency, or other agency or 
individual described in Subsections 
(2)(d)
 through 
(g)
 that submits a request for a 
noncriminal justice name based background check of local databases to the bureau 
shall provide to the bureau:
(i)
personal identifying information for the subject of the background check; and
(ii)
the fee required by Subsection 
(15)
.
(d)
A qualifying entity under Subsection 
(2)(c)
, state agency, or other agency or 
individual described in Subsections 
(2)(d)
 through 
(g)
 that submits a request for a 
WIN database check and a nationwide background check shall provide to the bureau:
(i)
personal identifying information for the subject of the background check;
(ii)
a fingerprint card for the subject of the background check; and
(iii)
the fee required by Subsection 
(15)
.
(e)
Information received by a qualifying entity under Subsection 
(2)(c)
, state agency, or 
other agency or individual described in Subsections 
(2)(d)
 through 
(j)
 may only be:
(i)
available to individuals involved in the hiring or background investigation of the 
job applicant, employee, notary applicant, or as authorized under federal or state 
law;
(ii)
used for the purpose of assisting in making an employment appointment, 
selection, or promotion decision or for considering a notary applicant under 
Section 
46-1-3
; and
(iii)
used for the purposes disclosed in the waiver signed in accordance with 
Subsection 
(4)(b)
.
(f)
An individual who disseminates or uses information obtained from the division under 
Subsections 
(2)(c)
 through 
(j)
 for purposes other than those specified under 
Subsection 
(4)(e)
, in addition to any penalties provided under this section, is subject 
to civil liability.
(g)
(i)
A qualifying entity under Subsection 
(2)(c)
, state agency, or other agency or 
individual described in Subsections 
(2)(d)
 through 
(j)
 that obtains background 
check information shall provide the subject of the background check an 
opportunity to:
(A)
request a copy of the information received; and
(B)
respond to and challenge the accuracy of any information received.
(ii)
An individual who is the subject of a background check and who receives a copy 
of the information described in Subsection 
(4)(g)(i)
 may use the information only 
for the purpose of reviewing, responding to, or challenging the accuracy of the 
information.
(h)
In accordance with 
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
, the 
division may make rules to implement this Subsection 
(4)
.
(i)
The division or the division's employees are not liable for defamation, invasion of 
privacy, negligence, or any other claim in connection with the contents of 
information disseminated under Subsections 
(2)(c)
 through 
(j)
.
(5)
(a)
Except as provided in Subsection 
(5)(b)
, 
(c)
, 
(d)
, or 
(e)
, or as otherwise authorized 
under state law, criminal history record information obtained from division files may 
be used only for the purposes for which the information was provided.
(b)
A criminal history provided to an agency under Subsection 
(2)(f)
 may be provided 
by the agency to the individual who is the subject of the history, another licensed 
child-placing agency, or the attorney for the adoptive parents for the purpose of 
facilitating an adoption.
(c)
A criminal history of a defendant provided to a criminal justice agency under 
Subsection 
(2)(a)
 may also be provided by the prosecutor to a defendant's defense 
counsel, upon request during the discovery process, for the purpose of establishing a 
defense in a criminal case.
(d)
A public transit district, as described in 
Title 17B, Chapter 2a, Part 8, Public Transit 
District Act
, that is under contract with a state agency to provide services may, for 
the purposes of complying with Subsection 
26B-6-410(5)
, provide a criminal history 
record to the state agency or the agency's designee.
(e)
Criminal history record information obtained from a national source may be 
disseminated if the dissemination is authorized by a policy issued by the Criminal 
Justice Information Services Division or other federal law.
(6)
(a)
A qualifying entity under Subsection 
(2)(c)
 may submit fingerprints to the bureau 
and the Federal Bureau of Investigation for a local and national background check 
under the provisions of the National Child Protection Act of 1993, 42 U.S.C. Sec. 
5119 et seq.
(b)
A qualifying entity under Subsection 
(2)(c)
 that submits fingerprints under 
Subsection 
(6)(a)
:
(i)
shall meet all VECHS requirements for using VECHS; and
(ii)
may only submit fingerprints for an employee, volunteer, or applicant who has 
resided in Utah for the seven years before the day on which the qualifying entity 
submits the employee's, volunteer's, or applicant's fingerprints.
(7)
(a)
This section does not preclude the use of the division's central computing facilities 
for the storage and retrieval of criminal history record information.
(b)
This information shall be stored so the information cannot be modified, destroyed, or 
accessed by unauthorized agencies or individuals.
(8)
Direct access through remote computer terminals to criminal history record information 
in the division's files is limited to those agencies authorized by the commissioner under 
procedures designed to prevent unauthorized access to this information.
(9)
(a)
The commissioner shall establish procedures to allow an individual right of access 
to review and receive a copy of the individual's criminal history report.
(b)
A processing fee for the right of access service, including obtaining a copy of the 
individual's criminal history report under Subsection 
(9)(a)
 shall be set in accordance 
with Section 
63J-1-504
.
(c)
(i)
The commissioner shall establish procedures for an individual to challenge the 
completeness and accuracy of criminal history record information contained in the 
division's computerized criminal history files regarding that individual.
(ii)
These procedures shall include provisions for amending any information found to 
be inaccurate or incomplete.
(10)
The private security agencies as provided in Subsection 
(2)(g)
:
(a)
shall be charged for access; and
(b)
shall be registered with the division according to rules made by the division under 
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
.
(11)
Before providing information requested under this section, the division shall give 
priority to a criminal justice agency's needs.
(12)
(a)
It is a class B misdemeanor for a person to knowingly or intentionally access, 
use, disclose, or disseminate a record created, maintained, or to which access is 
granted by the division or any information contained in a record created, maintained, 
or to which access is granted by the division for a purpose prohibited or not permitted 
by statute, rule, regulation, or policy of a governmental entity.
(b)
A person who discovers or becomes aware of any unauthorized use of records 
created or maintained, or to which access is granted by the division shall inform the 
commissioner and the director of the bureau of the unauthorized use.
(13)
(a)
Subject to Subsection 
(13)(b)
, a qualifying entity or an entity described in 
Subsection 
(2)
 may request that the division register fingerprints taken for the 
purpose of conducting current and future criminal background checks under this 
section with:
(i)
the WIN Database rap back system, or any successor system;
(ii)
the FBI Rap Back System; or
(iii)
a system maintained by the division.
(b)
A qualifying entity or an entity described in Subsection 
(2)
 may only make a request 
under Subsection 
(13)(a)
 if the entity:
(i)
has the authority through state or federal statute or federal executive order;
(ii)
obtains a signed waiver from the individual whose fingerprints are being 
registered; and
(iii)
establishes a privacy risk mitigation strategy to ensure that the entity only 
receives notifications for individuals with whom the entity maintains an 
authorizing relationship.
(14)
The division is authorized to submit fingerprints to the FBI Rap Back System to be 
retained in the FBI Rap Back System for the purpose of being searched by future 
submissions to the FBI Rap Back System, including latent fingerprint searches.
(15)
(a)
The division shall impose fees set in accordance with Section 
63J-1-504
 for the 
applicant fingerprint card, name check, and to register fingerprints under Subsection 
(13)(a)
.
(b)
Funds generated under this Subsection 
(15)
 shall be deposited into the General Fund 
as a dedicated credit by the department to cover the costs incurred in providing the 
information.
(c)
The division may collect fees charged by an outside agency for services required 
under this section.
(16)
For the purposes of conducting a criminal background check authorized under 
Subsection 
(2)(h)
, 
(i)
, or 
(j)
, the Division of Human Resource Management, in 
accordance with 
Title 63A, Chapter 17, Utah State Personnel Management Act
, and the 
governor's office shall have direct access to criminal background information maintained 
under 
Chapter 10, Part 2, Bureau of Criminal Identification
.
(17)
(a)
Except as provided in Subsection 
(18)
, if an individual has an active FBI Rap 
Back System subscription with a qualifying entity, the division may, upon request 
from another qualifying entity, clone the subscription to the requesting qualifying 
entity if:
(i)
the requesting qualifying entity requests the clone:
(A)
for the purpose of evaluating whether the individual should be permitted to 
obtain or retain a license for, or serve as an employee or volunteer in a position 
in which the individual is responsible for, the care, treatment, training, 
instruction, supervision, or recreation of children, the elderly, or individuals 
with disabilities; or
(B)
for the same purpose as the purpose for which the original qualifying entity 
requested the criminal history record information;
(ii)
the requesting qualifying entity is expressly authorized by statute to obtain 
criminal history record information for the individual who is the subject of the 
request;
(iii)
before requesting the clone, the requesting qualifying entity obtains a signed 
waiver, containing the information described in Subsection 
(4)(b)
, from the 
individual who is the subject of the request;
(iv)
the requesting qualifying entity or the individual pays any applicable fees set by 
the division in accordance with Section 
63J-1-504
; and
(v)
the requesting qualifying entity complies with the requirements described in 
Subsection 
(4)(g)
.
(b)
In accordance with 
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
, the 
division may make rules regulating the process described in this Subsection 
(17)
.
(18)
(a)
Subsection 
(17)
 does not apply unless the Federal Bureau of Investigation 
approves the use of the FBI Rap Back System for the purpose described in 
Subsection 
(17)(a)(i)
 under the conditions described in Subsection 
(17)
.
(b)
Subsection 
(17)
 does not apply to the extent that implementation of the provisions of 
Subsection 
(17)
 are contrary to the requirements of the Child Care and Development 
Block Grant, 42 U.S.C. Secs. 9857-9858r or any other federal grant.
(19)
(a)
Information received by a qualifying entity under Subsection 
(17)
 may only be 
disclosed and used as described in Subsection 
(4)(e)
.
(b)
A person who disseminates or uses information received under Subsection 
(17)
 for a 
purpose other than those described in Subsection 
(4)(e)
 is subject to the penalties 
described in this section and is also subject to civil liability.
(c)
A qualifying entity is not liable for defamation, invasion of privacy, negligence, or 
any other claim in connection with the contents of information disseminated under 
Subsection 
(17)
.
Section 28, Section 
53B-1-119
 is amended to read:
53B-1-119
. Bereavement leave for miscarriage and stillbirth.
(1)
As used in this section "miscarriage" means the spontaneous or accidental loss of a 
fetus, regardless of gestational age or the duration of the pregnancy.
(2)
An institution shall adopt policies providing at least three work days of paid 
bereavement leave for an employee following the end of the employee's pregnancy by 
way of miscarriage or stillbirth or following the end of another individual's pregnancy 
by way of a miscarriage or stillbirth, if:
(a)
the employee is the individual's spouse or partner;
(b)
the employee is the individual's former spouse or partner and the employee would 
have been a biological parent of a child born as a result of the pregnancy;
(c)
the employee provides documentation to show that the individual intended for the 
employee to be an adoptive parent, as that term is defined in Section 
78B-6-103
81-13-101
, of a child born as a result of the pregnancy; or
(d)
under a valid gestational agreement in accordance with 
Title 78B, Chapter 15, Part 
8, Gestational Agreement
Title 81, Chapter 5, Part 8, Gestational Agreement
, the 
employee would have been a parent of a child born as a result of the pregnancy.
Section 29, Section 
53G-11-209
 is amended to read:
53G-11-209
. Paid leave -- Parental leave -- Postpartum recovery leave -- Leave 
sharing -- Rulemaking.
(1)
As used in this section:
(a)
(i)
Paid leave hours" means leave hours an LEA provides to an LEA employee 
who accrues paid leave benefits in accordance with the LEA's leave policies.
(ii)
"Paid leave hours" includes annual, vacation, sick, paid time off, or any other type 
of leave an employee may take while still receiving compensation.
(iii)
"Paid leave hours" is not limited parental leave or postpartum recovery leave.
(b)
"Parental leave" means leave hours an LEA provides to a parental leave eligible 
employee.
(c)
"Parental leave eligible employee" means an LEA employee who accrues paid leave 
benefits in accordance with the LEA's leave policies and is:
(i)
a birth parent as defined in Section 
73B-6-103
81-13-101
;
(ii)
legally adopting a minor child, unless the individual is the spouse of the 
pre-existing parent;
(iii)
the intended parent of a child born under a validated gestational agreement in 
accordance with 
Title 78B, Chapter 15, Part 8, Gestational Agreement
Title 81, 
Chapter 5, Part 8, Gestational Agreement
; or
(iv)
appointed the legal guardian of a minor child or incapacitated adult.
(d)
"Postpartum recovery leave" means leave hours a state employer provides to a 
postpartum recovery leave eligible employee to recover from childbirth.
(e)
"Postpartum recovery leave eligible employee" means an employee:
(i)
who accrues paid leave benefits in accordance with the LEA's leave policies; and
(ii)
who gives birth to a child.
(f)
"Qualified employee" means:
(i)
a parental leave eligible employee; or
(ii)
a postpartum recovery leave eligible employee.
(g)
"Retaliatory action" means to do any of the following regarding an employee:
(i)
dismiss the employee;
(ii)
reduce the employee's compensation;
(iii)
fail to increase the employee's compensation by an amount to which the 
employee is otherwise entitled to or was promised;
(iv)
fail to promote the employee if the employee would have otherwise been 
promoted; or
(v)
threaten to take an action described in Subsections 
(1)(f)(i)
(1)(g)(i)
 through (iv).
(2)
Beginning July 1, 2025, an LEA:
(a)
shall develop leave policies that provide for the use and administration of parental 
leave and postpartum recovery leave by a qualified employee under this section in a 
manner that is not more restrictive than the parental and postpartum recovery leave 
available to state employees under Section 
63A-17-511
; 
and
(b)
may develop leave policies that provide a mechanism for leave sharing between 
employees of the same LEA or school for all types of leave including, sick leave, 
annual leave, parental leave, and postpartum recovery leave;
(c)
shall allow a parental leave eligible employee and a postpartum recovery leave 
eligible employee who is part-time or who works in excess of a 40-hour work week 
or the equivalent of a 40-hour work week to use the amount of postpartum recovery 
leave available under this section on a pro rata basis; and
(d)
shall provide each employee written information regarding:
(i)
a qualified employee's right to use parental leave or postpartum recovery leave 
under this section; and
(ii)
the availability of and process for using or contributing to the leave sharing 
mechanism described in Subsection (2)(b).
(3)
An LEA may not take retaliatory action against a qualified employee for using parental 
leave or postpartum recovery leave in accordance with this section.
(4)
An LEA may not charge parental leave or postpartum recovery leave against paid leave 
hours to which a qualified employee is entitled as described in Subsection 
(6)
.
(5)
An LEA or school may use leave bank sharing and other efforts to mitigate incurred 
costs of compliance with this section including coordinating with other LEAs or schools 
to share approaches or policies designed to fulfill the requirements of this section in a 
cost effective manner.
(6)
An LEA may provide leave that exceeds the benefits of the state leave policies 
described in this section.
Section 30, Section 
58-60-112
 is amended to read:
58-60-112
. Reporting of unprofessional or unlawful conduct -- Immunity from 
liability -- Reporting conduct of court-appointed therapist.
(1)
Upon learning of an act of unlawful or unprofessional conduct as defined in Section 
58-60-102
 by a person licensed under this chapter or an individual not licensed under 
this chapter and engaged in acts or practices regulated under this chapter, that results in 
disciplinary action by a licensed health care facility, professional practice group, or 
professional society, or that results in a significant adverse impact upon the public 
health, safety, or welfare, the following shall report the conduct in writing to the division 
within 10 days after learning of the disciplinary action or the conduct unless the 
individual or person knows it has been reported:
(a)
a licensed health care facility or organization in which an individual licensed under 
this chapter engages in practice;
(b)
an individual licensed under this chapter; and
(c)
a professional society or organization whose membership is individuals licensed 
under this chapter and which has the authority to discipline or expel a member for 
acts of unprofessional or unlawful conduct.
(2)
Any individual reporting acts of unprofessional or unlawful conduct by an individual 
licensed under this chapter is immune from liability arising out of the disclosure to the 
extent the individual furnishes the information in good faith and without malice.
(3)
(a)
As used in this Subsection (3):
(i)
"Court-appointed therapist" means a mental health therapist ordered by a court to 
provide psychotherapeutic treatment to an individual, a couple, or a family in a 
domestic case.
(ii)
"Domestic case" means a proceeding under:
(A)
Title 78B, Chapter 7, Protective Orders and Stalking Injunctions;
(B)
Title 78B, Chapter 13, Utah Uniform Child Custody Jurisdiction and 
Enforcement Act;
(C)
Title 78B, Chapter 15, Utah Uniform Parentage Act;
(D)
(B)
Title 81, Chapter 4, Dissolution of Marriage; 
or
(C)
Title 81, Chapter 5, Uniform Parentage Act;
(E)
(D)
Title 81, Chapter 9, Custody, Parent-time, and Visitation
.
; or
(E)
Title 81, Chapter 11, Uniform Child Custody Jurisdiction and Enforcement Act.
(b)
If a court appoints a court-appointed therapist in a domestic case, a party to the 
domestic case may not file a report against the court-appointed therapist for unlawful 
or unprofessional conduct during the pendency of the domestic case, unless:
(i)
the party has requested that the court release the court-appointed therapist from the 
appointment; and
(ii)
the court finds good cause to release the court-appointed therapist from the 
appointment.
Section 31, Section 
63A-17-106
 is amended to read:
63A-17-106
. Responsibilities of the director.
(1)
As used in this section, "miscarriage" means the spontaneous or accidental loss of a 
fetus, regardless of gestational age or the duration of the pregnancy.
(2)
The director shall have full responsibility and accountability for the administration of 
the statewide human resource management system.
(3)
Except as provided in Section 
63A-17-201
, an agency may not perform human resource 
functions without the consent of the director.
(4)
Statewide human resource management rules made by the division in accordance with 
Title 63G, Chapter 3, Utah Administrative Rulemaking Act, shall take precedence if 
there is a conflict with agency rules, policies, or practices.
(5)
The division may operate as an internal service fund agency in accordance with Section 
63J-1-410
 for the human resource functions the division provides.
(6)
The director shall:
(a)
develop, implement, and administer a statewide program of human resource 
management that will:
(i)
aid in the efficient execution of public policy;
(ii)
foster careers in public service for qualified employees; and
(iii)
render assistance to state agencies in performing their missions;
(b)
design and administer the state pay plan;
(c)
design and administer the state classification system and procedures for determining 
schedule assignments;
(d)
design and administer the state recruitment and selection system;
(e)
administer agency human resource practices and ensure compliance with federal law, 
state law, and state human resource rules, including equal employment opportunity;
(f)
consult with agencies on decisions concerning employee corrective action and 
discipline;
(g)
maintain central personnel records;
(h)
perform those functions necessary to implement this chapter unless otherwise 
assigned or prohibited;
(i)
perform duties assigned by the governor, executive director, or statute;
(j)
make rules for human resource management, in accordance with Title 63G, Chapter 
3, Utah Administrative Rulemaking Act;
(k)
establish and maintain a management information system that will furnish the 
governor, the Legislature, and agencies with current information on authorized 
positions, payroll, and related matters concerning state human resources;
(l)
conduct research and planning activities to:
(i)
determine and prepare for future state human resource needs;
(ii)
develop methods for improving public human resource management; and
(iii)
propose needed policy changes to the governor;
(m)
study the character, causes, and extent of discrimination in state employment and 
develop plans for its elimination through programs consistent with federal and state 
laws governing equal employment opportunity in employment;
(n)
establish compensation policies and procedures for early voluntary retirement;
(o)
confer with the heads of other agencies about human resource policies and 
procedures;
(p)
submit an annual report to the executive director, the governor, and the Legislature; 
and
(q)
assist with the development of a vacant position report required under Subsection 
63J-1-201
(2)(b)(vi).
(7)
(a)
After consultation with the executive director, the governor, and the heads of 
other agencies, the director shall establish and coordinate statewide training 
programs, including training described in Subsection (7)(e).
(b)
The programs developed under this Subsection (7) shall have application to more 
than one agency.
(c)
The division may not establish training programs that train employees to perform 
highly specialized or technical jobs and tasks.
(d)
The division shall ensure that any training program described in this Subsection (7) 
complies with Title 63G, Chapter 22, State Training and Certification Requirements.
(e)
(i)
As used in this Subsection (7)(e):
(A)
"Employee" means the same as that term is defined in Section 
63A-17-112
.
(B)
"Supervisor" means an individual in a position at an agency, as defined in 
Section 
63A-17-112
, that requires the regular supervision and performance 
evaluation of an employee.
(ii)
A supervisor shall attend the training:
(A)
within six months of being promoted or hired to the position of supervisor; and
(B)
at least annually.
(iii)
A supervisor's completion of training and effective use of training information 
and principles shall be considered in an evaluation of the supervisor's job 
performance.
(iv)
The training shall include:
(A)
effective employee management and evaluation methods based on the pay for 
performance management system described in Section 
63A-17-112
;
(B)
instruction to improve supervisor and employee communications;
(C)
best practices for recognizing and retaining high-performing employees;
(D)
best practices for addressing poor-performing employees; and
(E)
any other information and principles identified by the division to improve 
management or organizational effectiveness.
(8)
(a)
(i)
The division may collect fees for training as authorized by this Subsection (8).
(ii)
Training funded from General Fund appropriations shall be treated as a separate 
program within the department budget.
(iii)
All money received from fees under this section will be accounted for by the 
department as a separate user driven training program.
(iv)
The user training program includes the costs of developing, procuring, and 
presenting training and development programs, and other associated costs for 
these programs.
(b)
(i)
Funds remaining at the end of the fiscal year in the user training program are 
nonlapsing.
(ii)
Each year, as part of the appropriations process, the Legislature shall review the 
amount of nonlapsing funds remaining at the end of the fiscal year and may, by 
statute, require the department to lapse a portion of the funds.
(9)
Rules described in Subsection (6)(j) shall provide for at least three work days of paid 
bereavement leave for an employee:
(a)
following the end of the employee's pregnancy by way of miscarriage or stillbirth; or
(b)
following the end of another individual's pregnancy by way of a miscarriage or 
stillbirth, if:
(i)
the employee is the individual's spouse or partner;
(ii)
(A)
the employee is the individual's former spouse or partner; and
(B)
the employee would have been a biological parent of a child born as a result of 
the pregnancy;
(iii)
the employee provides documentation to show that the individual intended for 
the employee to be an adoptive parent, as that term is defined in Section 
78B-6-103
81-13-101
, of a child born as a result of the pregnancy; or
(iv)
under a valid gestational agreement in accordance with 
Title 78B, Chapter 15, 
Part 8, Gestational Agreement
Title 81, Chapter 5, Part 8, Gestational Agreement
, 
the employee would have been a parent of a child born as a result of the 
pregnancy.
Section 32, Section 
63J-1-602.1
 is amended to read:
63J-1-602.1
. List of nonlapsing appropriations from accounts and funds.
Appropriations made from the following accounts or funds are nonlapsing:
(1)
The Native American Repatriation Restricted Account created in Section 
9-9-407
.
(2)
Certain money payable for expenses of the Pete Suazo Utah Athletic Commission, as 
provided under Title 9, Chapter 23, Pete Suazo Utah Athletic Commission Act.
(3)
Funds collected for directing and administering the C-PACE district created in Section 
11-42a-106
.
(4)
Money received by the Utah Inland Port Authority, as provided in Section 
11-58-105
.
(5)
The Commerce Electronic Payment Fee Restricted Account created in Section 
13-1-17
.
(6)
The Division of Air Quality Oil, Gas, and Mining Restricted Account created in Section 
19-2a-106
.
(7)
The Division of Water Quality Oil, Gas, and Mining Restricted Account created in 
Section 
19-5-126
.
(8)
State funds for matching federal funds in the Children's Health Insurance Program as 
provided in Section 
26B-3-906
.
(9)
Funds collected from the program fund for local health department expenses incurred in 
responding to a local health emergency under Section 
26B-7-111
.
(10)
The Technology Development Restricted Account created in Section 
31A-3-104
.
(11)
The Criminal Background Check Restricted Account created in Section 
31A-3-105
.
(12)
The Captive Insurance Restricted Account created in Section 
31A-3-304
, except to the 
extent that Section 
31A-3-304
 makes the money received under that section free revenue.
(13)
The Title Licensee Enforcement Restricted Account created in Section 
31A-23a-415
.
(14)
The Health Insurance Actuarial Review Restricted Account created in Section 
31A-30-115
.
(15)
The State Mandated Insurer Payments Restricted Account created in Section 
31A-30-118
.
(16)
The Insurance Fraud Investigation Restricted Account created in Section 
31A-31-108
.
(17)
The Underage Drinking Prevention Media and Education Campaign Restricted 
Account created in Section 
32B-2-306
.
(18)
The Drinking While Pregnant Prevention Media and Education Campaign Restricted 
Account created in Section 
32B-2-308
.
(19)
(18)
The School Readiness Restricted Account created in Section 
35A-15-203
.
(20)
(19)
Money received by the Utah State Office of Rehabilitation for the sale of certain 
products or services, as provided in Section 
35A-13-202
.
(21)
(20)
The Homeless Shelter Cities Mitigation Restricted Account created in Section 
35A-16-402
.
(22)
(21)
The Oil and Gas Administrative Penalties Account created in Section 
40-6-11
.
(23)
(22)
The Oil and Gas Conservation Account created in Section 
40-6-14.5
.
(24)
(23)
The Division of Oil, Gas, and Mining Restricted account created in Section 
40-6-23
.
(25)
(24)
The Electronic Payment Fee Restricted Account created by Section 
41-1a-121
 to 
the Motor Vehicle Division.
(26)
(25)
The License Plate Restricted Account created by Section 
41-1a-122
.
(27)
(26)
The Motor Vehicle Enforcement Division Temporary Permit Restricted Account 
created by Section 
41-3-110
 to the State Tax Commission.
(28)
(27)
The State Disaster Recovery Restricted Account to the Division of Emergency 
Management, as provided in Section 
53-2a-603
.
(29)
(28)
The Response, Recovery, and Post-disaster Mitigation Restricted Account 
created in Section 
53-2a-1302
.
(30)
(29)
The Department of Public Safety Restricted Account to the Department of Public 
Safety, as provided in Section 
53-3-106
.
(31)
(30)
The Utah Highway Patrol Aero Bureau Restricted Account created in Section 
53-8-303
.
(32)
(31)
The DNA Specimen Restricted Account created in Section 
53-10-407
.
(33)
(32)
The Technical Colleges Capital Projects Fund created in Section 
53B-2a-118
.
(34)
(33)
The Higher Education Capital Projects Fund created in Section 
53B-22-202
.
(35)
(34)
A certain portion of money collected for administrative costs under the School 
Institutional Trust Lands Management Act, as provided under Section 
53C-3-202
.
(36)
(35)
The Public Utility Regulatory Restricted Account created in Section 
54-5-1.5
, 
subject to Subsection 
54-5-1.5
(4)(d).
(37)
(36)
Funds collected from a surcharge fee to provide certain licensees with access to 
an electronic reference library, as provided in Section 
58-3a-105
.
(38)
(37)
Certain fines collected by the Division of Professional Licensing for violation of 
unlawful or unprofessional conduct that are used for education and enforcement 
purposes, as provided in Section 
58-17b-505
.
(39)
(38)
Funds collected from a surcharge fee to provide certain licensees with access to 
an electronic reference library, as provided in Section 
58-22-104
.
(40)
(39)
Funds collected from a surcharge fee to provide certain licensees with access to 
an electronic reference library, as provided in Section 
58-55-106
.
(41)
(40)
Funds collected from a surcharge fee to provide certain licensees with access to 
an electronic reference library, as provided in Section 
58-56-3.5
.
(42)
(41)
Certain fines collected by the Division of Professional Licensing for use in 
education and enforcement of the Security Personnel Licensing Act, as provided in 
Section 
58-63-103
.
(43)
(42)
The Relative Value Study Restricted Account created in Section 
59-9-105
.
(44)
(43)
The Cigarette Tax Restricted Account created in Section 
59-14-204
.
(45)
(44)
Funds paid to the Division of Real Estate for the cost of a criminal background 
check for a mortgage loan license, as provided in Section 
61-2c-202
.
(46)
(45)
Funds paid to the Division of Real Estate for the cost of a criminal background 
check for principal broker, associate broker, and sales agent licenses, as provided in 
Section 
61-2f-204
.
(47)
(46)
Certain funds donated to the Department of Health and Human Services, as 
provided in Section 
26B-1-202
.
(48)
(47)
Certain funds donated to the Division of Child and Family Services, as provided 
in Section 
80-2-404
.
(49)
(48)
Funds collected by the Office of Administrative Rules for publishing, as 
provided in Section 
63G-3-402
.
(50)
(49)
The Immigration Act Restricted Account created in Section 
63G-12-103
.
(51)
(50)
Money received by the military installation development authority, as provided 
in Section 
63H-1-504
.
(52)
(51)
The Unified Statewide 911 Emergency Service Account created in Section 
63H-7a-304
.
(53)
(52)
The Utah Statewide Radio System Restricted Account created in Section 
63H-7a-403
.
(54)
(53)
The Utah Capital Investment Restricted Account created in Section 
63N-6-204
.
(55)
(54)
The Motion Picture Incentive Account created in Section 
63N-8-103
.
(56)
(55)
Funds collected by the housing of state probationary inmates or state parole 
inmates, as provided in Subsection 
64-13e-104
(2).
(57)
(56)
Certain forestry and fire control funds utilized by the Division of Forestry, Fire, 
and State Lands, as provided in Section 
65A-8-103
.
(58)
(57)
The following funds or accounts created in Section 
72-2-124
:
(a)
Transportation Investment Fund of 2005;
(b)
Transit Transportation Investment Fund;
(c)
Cottonwood Canyons Transportation Investment Fund;
(d)
Active Transportation Investment Fund; and
(e)
Commuter Rail Subaccount.
(59)
(58)
The Amusement Ride Safety Restricted Account, as provided in Section 
72-16-204
.
(60)
(59)
Certain funds received by the Office of the State Engineer for well drilling fines 
or bonds, as provided in Section 
73-3-25
.
(61)
(60)
The Water Resources Conservation and Development Fund, as provided in 
Section 
73-23-2
.
(62)
(61)
Award money under the State Asset Forfeiture Grant Program, as provided under 
Section 
77-11b-403
.
(63)
(62)
Funds donated or paid to a juvenile court by private sources, as provided in 
Subsection 
78A-6-203
(1)(c).
(64)
(63)
Fees for certificate of admission created under Section 
78A-9-102
.
(65)
(64)
Funds collected for adoption document access as provided in Sections 
78B-6-141
, 
78B-6-144
, and 
78B-6-144.5
81-13-103
, 
81-13-504
, and 
81-13-505
.
(66)
(65)
Funds collected for indigent defense as provided in Title 78B, Chapter 22, Part 4, 
Utah Indigent Defense Commission.
(67)
(66)
The Utah Geological Survey Restricted Account created in Section 
79-3-403
.
(68)
(67)
Revenue for golf user fees at the Wasatch Mountain State Park, Palisades State 
Park, and Green River State Park, as provided under Section 
79-4-403
.
(69)
(68)
Certain funds received by the Division of State Parks from the sale or disposal of 
buffalo, as provided under Section 
79-4-1001
.
Section 33, Section 
63J-1-602.2
 is amended to read:
63J-1-602.2
. List of nonlapsing appropriations to programs.
Appropriations made to the following programs are nonlapsing:
(1)
The Legislature and the Legislature's committees.
(2)
The State Board of Education, including all appropriations to agencies, line items, and 
programs under the jurisdiction of the State Board of Education, in accordance with 
Section 
53F-9-103
.
(3)
The Rangeland Improvement Act created in Section 
4-20-101
.
(4)
The Percent-for-Art Program created in Section 
9-6-404
.
(5)
The LeRay McAllister Working Farm and Ranch Fund created in Section 
4-46-301
.
(6)
The Utah Lake Authority created in Section 
11-65-201
.
(7)
Dedicated credits accrued to the Utah Marriage Commission as provided under 
Subsection 
17-16-21
(2)(d)(ii).
(8)
The Wildlife Land and Water Acquisition Program created in Section 
23A-6-205
.
(9)
Sanctions collected as dedicated credits from Medicaid providers under Subsection 
26B-3-108
(7).
(10)
The primary care grant program created in Section 
26B-4-310
.
(11)
The Opiate Overdose Outreach Pilot Program created in Section 
26B-4-512
.
(12)
The Utah Health Care Workforce Financial Assistance Program created in Section 
26B-4-702
.
(13)
The Rural Physician Loan Repayment Program created in Section 
26B-4-703
.
(14)
The Utah Medical Education Council for the:
(a)
administration of the Utah Medical Education Program created in Section 
26B-4-707
;
(b)
provision of medical residency grants described in Section 
26B-4-711
; and
(c)
provision of the forensic psychiatric fellowship grant described in Section 
26B-4-712
.
(15)
The Division of Services for People with Disabilities, as provided in Section 
26B-6-402
.
(16)
The Communication Habits to reduce Adolescent Threats (CHAT) Pilot Program 
created in Section 
26B-7-122
.
(17)
Funds that the Department of Alcoholic Beverage Services retains in accordance with 
Subsection 
32B-2-301
(8)(a) or (b).
(18)
The General Assistance program administered by the Department of Workforce 
Services, as provided in Section 
35A-3-401
.
(19)
The Utah National Guard, created in Title 39A, National Guard and Militia Act.
(20)
The Search and Rescue Financial Assistance Program, as provided in Section 
53-2a-1102
.
(21)
The Emergency Medical Services Grant Program in Section 
53-2d-207
.
(22)
The Motorcycle Rider Education Program, as provided in Section 
53-3-905
.
(23)
The Utah Board of Higher Education for teacher preparation programs, as provided in 
Section 
53B-6-104
.
(24)
Innovation grants under Section 
53G-10-608
, except as provided in Subsection 
53G-10-608
(6)
53G-10-608(3)
.
(25)
The Division of Fleet Operations for the purpose of upgrading underground storage 
tanks under Section 
63A-9-401
.
(26)
The Division of Technology Services for technology innovation as provided under 
Section 
63A-16-903
.
(27)
The State Capitol Preservation Board created by Section 
63O-2-201
.
(28)
The Office of Administrative Rules for publishing, as provided in Section 
63G-3-402
.
(29)
The Colorado River Authority of Utah, created in Title 63M, Chapter 14, Colorado 
River Authority of Utah Act.
(30)
The Governor's Office of Economic Opportunity to fund the Enterprise Zone Act, as 
provided in Title 63N, Chapter 2, Part 2, Enterprise Zone Act.
(31)
The Governor's Office of Economic Opportunity's Rural Employment Expansion 
Program, as described in Title 63N, Chapter 4, Part 4, Rural Employment Expansion 
Program.
(32)
County correctional facility contracting program for state inmates as described in 
Section 
64-13e-103
.
(33)
County correctional facility reimbursement program for state probationary inmates and 
state parole inmates as described in Section 
64-13e-104
.
(34)
Programs for the Jordan River Recreation Area as described in Section 
65A-2-8
.
(35)
The Division of Human Resource Management user training program, as provided in 
Section 
63A-17-106
.
(36)
A public safety answering point's emergency telecommunications service fund, as 
provided in Section 
69-2-301
.
(37)
The Traffic Noise Abatement Program created in Section 
72-6-112
.
(38)
The money appropriated from the Navajo Water Rights Negotiation Account to the 
Division of Water Rights, created in Section 
73-2-1.1
, for purposes of participating in a 
settlement of federal reserved water right claims.
(39)
The Judicial Council for compensation for special prosecutors, as provided in Section 
77-10a-19
.
(40)
A state rehabilitative employment program, as provided in Section 
78A-6-210
.
(41)
The Utah Geological Survey, as provided in Section 
79-3-401
.
(42)
The Bonneville Shoreline Trail Program created under Section 
79-5-503
.
(43)
Adoption document access as provided in Sections 
78B-6-141
, 
78B-6-144
, and 
78B-6-144.5
81-13-103
, 
81-13-504
, and 
81-13-505
.
(44)
Indigent defense as provided in Title 78B, Chapter 22, Part 4, Utah Indigent Defense 
Commission.
(45)
The program established by the Division of Facilities Construction and Management 
under Section 
63A-5b-703
 under which state agencies receive an appropriation and pay 
lease payments for the use and occupancy of buildings owned by the Division of 
Facilities Construction and Management.
(46)
The State Tax Commission for reimbursing counties for deferrals in accordance with 
Section 
59-2-1802.5
.
(47)
The Veterinarian Education Loan Repayment Program created in Section 
4-2-902
.
Section 34, Section 
75-2-114
 is amended to read:
75-2-114
. Parent and child relationship.
(1)
(a)
Except as provided in Subsections 
(2)
 and 
(3)
, for purposes of intestate succession 
by, through, or from a person, an individual is the child of the individual's natural 
parents, regardless of their marital status. 
(b)
The parent and child relationship may be established as provided in 
Title 78B, 
Chapter 15, Utah Uniform Parentage Act
Title 81, Chapter 5, Uniform Parentage Act
.
(2)
An adopted individual is the child of the adopting parent or parents and not of the 
natural parents, but adoption of a child by the spouse of either natural parent has no 
effect on the relationship between the child and that natural parent.
(3)
Inheritance from or through a child by either natural parent or the child's kindred is 
precluded unless that natural parent has openly treated the child as the natural parent's, 
and has not refused to support the child.
Section 35, Section 
75-5-209
 is amended to read:
75-5-209
. Powers and duties of guardian of minor -- Residual parental rights 
and duties -- Adoption of a ward.
(1)
For purposes of this section, "residual parental rights and duties" is as defined in Section 
80-1-102
.
(2)
Except as provided in Subsection 
(4)(a)
, a guardian of a minor has the powers and 
responsibilities of a parent who has not been deprived of custody of the parent's 
unemancipated minor, including the powers and responsibilities described in Subsection 
(3)
.
(3)
A guardian of a minor:
(a)
must take reasonable care of the personal effects of the guardian's ward;
(b)
must commence protective proceedings if necessary to protect other property of the 
guardian's ward;
(c)
subject to Subsection 
(4)(b)
, may receive money payable for the support of the ward 
to the ward's parent, guardian, or custodian under the terms of a:
(i)
statutory benefit or insurance system;
(ii)
private contract;
(iii)
devise;
(iv)
trust;
(v)
conservatorship; or
(vi)
custodianship;
(d)
subject to Subsection 
(4)(b)
, may receive money or property of the ward paid or 
delivered by virtue of Section 
75-5-102
;
(e)
except as provided in Subsection 
(4)(c)
, must exercise due care to conserve any 
excess money or property described in Subsection 
(3)(d)
 for the ward's future needs;
(f)
unless otherwise provided by statute, may institute proceedings to compel the 
performance by any person of a duty to:
(i)
support the ward; or
(ii)
pay sums for the welfare of the ward;
(g)
is empowered to:
(i)
facilitate the ward's education, social, or other activities; and
(ii)
subject to Subsection 
(4)(d)
, authorize medical or other professional care, 
treatment, or advice;
(h)
may consent to the:
(i)
marriage of the guardian's ward, if specifically authorized by a court to give this 
consent; or
(ii)
adoption of the guardian's ward if the:
(A)
guardian of the ward is specifically authorized by a court to give this consent; 
and
(B)
parental rights of the ward's parents have been terminated; and
(i)
must report the condition of the minor and of the minor's estate that has been subject 
to the guardian's possession or control:
(i)
as ordered by court on petition of any person interested in the minor's welfare; or
(ii)
as required by court rule.
(4)
(a)
Notwithstanding Subsection 
(2)
, a guardian of a minor is not:
(i)
legally obligated to provide from the guardian's own funds for the ward; and
(ii)
liable to third persons by reason of the guardian's relationship for acts of the ward.
(b)
Sums received under Subsection 
(3)(c)
 or 
(d)
:
(i)
may not be used for compensation for the services of a guardian, except as:
(A)
approved by court order; or
(B)
determined by a duly appointed conservator other than the guardian; and
(ii)
shall be applied to the ward's current needs for support, care, and education.
(c)
Notwithstanding Subsection 
(3)(e)
, if a conservator is appointed for the estate of the 
ward, the excess shall be paid over at least annually to the conservator.
(d)
A guardian of a minor is not, by reason of giving the authorization described in 
Subsection 
(3)(g)(ii)
, liable for injury to the minor resulting from the negligence or 
acts of third persons, unless it would have been illegal for a parent to have given the 
authorization.
(5)
A parent of a minor for whom a guardian is appointed retains residual parental rights 
and duties.
(6)
If a parent of a minor for whom a guardian is appointed consents to the adoption of the 
minor, the guardian is entitled to:
(a)
receive notice of the adoption proceeding pursuant to Section 
78B-6-110
81-13-207
;
(b)
intervene in the adoption; and
(c)
present evidence to the court relevant to the best interest of the 
child pursuant to 
Subsection 
78B-6-110(11)
minor as described in Subsection 
81-13-207(11)
.
(7)
If a minor for whom a guardian is appointed is adopted subsequent to the appointment, 
the guardianship shall terminate when the adoption is finalized.
Section 36, Section 
76-5-301.2
 is amended to read:
76-5-301.2
. Parental kidnapping.
(1)
(a)
As used in this section:
(i)
"Child" means an individual under 18 years old.
(ii)
"Custody" means court-ordered physical custody of a child entered by a court.
(iii)
"Parent" means an individual:
(A)
recognized as a biological parent or adoptive parent; or
(B)
that has established a parent-child relationship under Section 
78B-15-201
81-5-201
.
(iv)
"Parent-time" means court-ordered parent-time or visitation entered by a court.
(b)
Terms defined in Section 
76-1-101.5
 apply to this section.
(2)
A parent commits parental kidnapping of the parent's child if the parent:
(a)
takes, entices, conceals, detains, or withholds the child from an individual entitled to 
custody of the child;
(b)
intends to interfere with the custody of the child; and
(c)
(i)
has never had a right to physical custody of the child;
(ii)
has never been granted parent-time with the child;
(iii)
has had all rights to physical custody of the child terminated by a court; or
(iv)
at the time of the parent's action under Subsection 
(2)(a)
, had parent-time with 
the child terminated or suspended by a court.
(3)
(a)
A violation of Subsection 
(2)
 is a third degree felony.
(b)
Notwithstanding Subsection 
(3)(a)
, a violation of Subsection 
(2)
 is a second degree 
felony if, during the course of parental kidnapping, the parent removes, causes the 
removal, or directs the removal of the child from the state.
(4)
In addition to the affirmative defenses described in Section 
76-5-305
, it is an affirmative 
defense to the crime of parental kidnapping that:
(a)
the parent acted under a reasonable belief that the action described in Subsection 
(2)(a)
 was:
(i)
necessary to protect the child from imminent serious bodily injury, or death;
(ii)
authorized by law; or
(iii)
taken with the consent of:
(A)
the individual entitled to custody of the child; or
(B)
a custodian, guardian, caretaker, or other individual lawfully acting in place of 
the individual entitled to custody of the child; or
(b)
(i)
the parent acted under a reasonable belief that the action described in 
Subsection 
(2)(a)
 was necessary to protect the child from abuse, including sexual 
abuse; and
(ii)
before taking the action described in Subsection 
(2)(a)
, the parent reports to law 
enforcement the parent's intention to engage in the action and the basis for the 
parent's belief described in Subsection 
(4)(b)(i)
.
Section 37, Section 
76-7-102
 is amended to read:
76-7-102
. Incest -- Definitions -- Penalty.
(1)
As used in this section:
(a)
"Provider" means a person who provides or makes available his seminal fluid or her 
human egg.
(b)
"Related person" means a person related to the provider or actor as an ancestor, 
descendant, brother, sister, uncle, aunt, nephew, niece, or first cousin, and includes:
(i)
blood relationships of the whole or half blood, regardless of whether the 
relationship is legally recognized;
(ii)
the relationship of parent and child by adoption; and
(iii)
the relationship of stepparent and stepchild while the marriage creating the 
relationship of a stepparent and stepchild exists.
(2)
(a)
An actor is guilty of incest when, under circumstances not amounting to rape, rape 
of a child, or aggravated sexual assault, the actor knowingly and intentionally:
(i)
engages in conduct under Subsection 
(2)(b)(i)
, 
(ii)
, 
(iii)
, or 
(iv)
; or
(ii)
provides a human egg or seminal fluid under Subsection 
(2)(b)(v)
.
(b)
Conduct referred to under Subsection 
(2)(a)
 is:
(i)
sexual intercourse between the actor and a person the actor knows has kinship to 
the actor as a related person;
(ii)
the insertion or placement of the provider's seminal fluid into the vagina, cervix, 
or uterus of a related person by means other than sexual intercourse;
(iii)
providing or making available his seminal fluid for the purpose of insertion or 
placement of the fluid into the vagina, cervix, or uterus of a related person by 
means other than sexual intercourse;
(iv)
a woman 18 years of age or older who:
(A)
knowingly allows the insertion of the seminal fluid of a provider into her 
vagina, cervix, or uterus by means other than sexual intercourse; and
(B)
knows that the seminal fluid is that of a person with whom she has kinship as 
a related person; or
(v)
providing the actor's sperm or human egg that is used to conduct in vitro 
fertilization, or any other means of fertilization, with the human egg or sperm of a 
person who is a related person.
(c)
This Subsection 
(2)
 does not prohibit providing a fertilized human egg if the provider 
of the fertilizing sperm is not a related person regarding the person providing the egg.
(3)
Incest is a third degree felony.
(4)
A provider under this section is not a donor under Section 
78B-15-702
81-5-702
.
Section 38, Section 
77-38b-102
 is amended to read:
77-38b-102
. Definitions.
As used in this chapter:
(1)
"Civil accounts receivable" means the same as that term is defined in Section 
77-32b-102
.
(2)
"Civil judgment of restitution" means the same as that term is defined in Section 
77-32b-102
.
(3)
(a)
"Conviction" means:
(i)
a plea of:
(A)
guilty;
(B)
guilty with a mental condition; or
(C)
no contest; or
(ii)
a judgment of:
(A)
guilty; or
(B)
guilty with a mental condition.
(b)
"Conviction" does not include:
(i)
a plea in abeyance until a conviction is entered for the plea in abeyance;
(ii)
a diversion agreement; or
(iii)
an adjudication of a minor for an offense under Section 
80-6-701
.
(4)
"Criminal accounts receivable" means the same as that term is defined in Section 
77-32b-102
.
(5)
"Criminal conduct" means:
(a)
any misdemeanor or felony offense of which the defendant is convicted; or
(b)
any other criminal behavior for which the defendant admits responsibility to the 
court with or without an admission of committing the criminal behavior.
(6)
"Deceased victim" means an individual whose death is proximately caused by the 
criminal conduct of the defendant.
(7)
(a)
"Defendant" means an individual who has been convicted of, or entered into a 
plea disposition for, criminal conduct.
(b)
"Defendant" does not include a minor, as defined in Section 
80-1-102
, who is 
adjudicated, or enters into a nonjudicial adjustment, for any offense under Title 80, 
Chapter 6, Juvenile Justice.
(8)
"Department" means the Department of Corrections.
(9)
(a)
"Dependent" means an individual for whom a deceased victim, or a permanently 
impaired victim, had a legal obligation to provide dependent support at the time of 
the criminal conduct by the defendant.
(b)
"Dependent" includes:
(i)
a child:
(A)
who is younger than 18 years old; and
(B)
for whom a deceased victim, or a permanently impaired victim, is the 
adoptive or biological parent or legal
parent or legal
 guardian;
(ii)
an unborn child who has a parent-child relationship with a deceased victim, or a 
permanently impaired victim, in accordance with 
Title 78B, Chapter 15, Utah 
Uniform Parentage Act
Title 81, Chapter 5, Uniform Parentage Act
; or
(iii)
an incapacitated individual for whom a deceased victim, or a permanently 
impaired victim, is the 
adoptive or biological parent or the legal
parent or legal
guardian.
(10)
"Dependent support" means the financial obligation of an individual to provide for the 
routine needs of a dependent, including food, clothing, health care, safety, or shelter.
(11)
"Diversion agreement" means an agreement entered into by the prosecuting attorney 
and the defendant that suspends criminal proceedings before conviction on the condition 
that a defendant agree to participate in a rehabilitation program, pay restitution to the 
victim, or fulfill some other condition.
(12)
"Incapacitated" or "incapacitation" means the individual is:
(a)
mentally or physically impaired to the extent that the individual is permanently 
unable to gain employment and provide basic necessities, including food, clothing, 
health care, safety, or shelter; and
(b)
reliant on a parent, legal guardian, or other relative or person to provide basic 
necessities for the individual.
(13)
"Incapacitated individual" means an individual who is incapacitated.
(14)
"Legal guardian" means an individual appointed by a court to make decisions 
regarding a child or an incapacitated individual.
(15)
"Life expectancy" means the number of months an individual is or was expected to 
live considering medical records and experiential data for the individual.
(16)
"Office" means the Office of State Debt Collection created in Section 
63A-3-502
.
(17)
"Payment schedule" means the same as that term is defined in Section 
77-32b-102
.
(18)
(a)
"Pecuniary damages" means all demonstrable economic injury, losses, and 
expenses regardless of whether the economic injury, losses, and expenses have yet 
been incurred.
(b)
"Pecuniary damages" does not include punitive damages or pain and suffering 
damages.
(19)
"Permanently impaired victim" means an incapacitated individual whose 
incapacitation is proximately caused by the criminal conduct of the defendant.
(20)
"Plea agreement" means an agreement entered between the prosecuting attorney and 
the defendant setting forth the special terms and conditions and criminal charges upon 
which the defendant will enter a plea of guilty or no contest.
(21)
"Plea disposition" means an agreement entered into between the prosecuting attorney 
and the defendant including a diversion agreement, a plea agreement, a plea in abeyance 
agreement, or any agreement by which the defendant may enter a plea in any other 
jurisdiction or where charges are dismissed without a plea.
(22)
"Plea in abeyance" means an order by a court, upon motion of the prosecuting attorney 
and the defendant, accepting a plea of guilty or of no contest from the defendant but not, 
at that time, entering judgment of conviction against the defendant nor imposing 
sentence upon the defendant on condition that the defendant comply with specific 
conditions as set forth in a plea in abeyance agreement.
(23)
"Plea in abeyance agreement" means an agreement entered into between the 
prosecuting attorney and the defendant setting forth the specific terms and conditions 
upon which, following acceptance of the agreement by the court, a plea may be held in 
abeyance.
(24)
"Restitution" means the payment of pecuniary damages to a victim.
(25)
"Unborn child" means a human fetus or embryo in any stage of gestation from 
fertilization until birth.
(26)
(a)
"Victim" means any person who has suffered pecuniary damages that are 
proximately caused by the criminal conduct of the defendant.
(b)
"Victim" includes:
(i)
the Utah Office for Victims of Crime if the Utah Office for Victims of Crime 
makes a payment to, or on behalf of, a victim under Section 
63M-7-519
;
(ii)
the estate of a deceased victim; 
(iii)
a dependent; or
(iv)
a parent, spouse, intimate partner as defined in 18 U.S.C. Sec. 921, child, or 
sibling of a victim.
(c)
"Victim" does not include a codefendant or accomplice.
Section 39, Section 
78A-5-102
 is amended to read:
78A-5-102
. Jurisdiction of the district court -- Appeals.
(1)
Except as otherwise provided by the Utah Constitution or by statute, the district court 
has original jurisdiction in all matters civil and criminal.
(2)
A district court judge may:
(a)
issue all extraordinary writs and other writs necessary to carry into effect the district 
court judge's orders, judgments, and decrees; and
(b)
preside over an action for which the Business and Chancery Court has jurisdiction if:
(i)
the district court judge is designated by the presiding officer of the Judicial 
Council to preside over an action in the Business and Chancery Court as described 
in Section 
78A-1-103.5
; and
(ii)
a Business and Chancery Court judge is unable to preside over the action due to 
recusal or disqualification.
(3)
The district court has jurisdiction:
(a)
over matters of lawyer discipline consistent with the rules of the Supreme Court;
(b)
over all matters properly filed in the circuit court prior to July 1, 1996;
(c)
to enforce foreign protective orders as described in Subsection 
78B-7-303
(8);
(d)
to enjoin a violation of Title 58, Chapter 37, Utah Controlled Substances Act;
(e)
over a petition seeking to terminate parental rights as described in Section 
78B-6-112
81-13-205
;
(f)
except as provided in Subsection 
78A-6-103
(2)(a)(xiv)
 or (xv)
, an adoption 
proceeding; and
(g)
to issue a declaratory judgment as described in Title 78B, Chapter 6, Part 4, 
Declaratory Judgments.
(4)
The district court has appellate jurisdiction over judgments and orders of the justice 
court as outlined in Section 
78A-7-118
 and small claims appeals filed in accordance 
with Section 
78A-8-106
.
(5)
The district court has jurisdiction to review:
(a)
a municipal administrative proceeding as described in Section 
10-3-703.7
;
(b)
a decision resulting from a formal adjudicative proceeding by the State Tax 
Commission as described in Section 
59-1-601
;
(c)
except as provided in Section 
63G-4-402
, a final agency action resulting from an 
informal adjudicative proceeding as described in Title 63G, Chapter 4, 
Administrative Procedures Act; and
(d)
by trial de novo, a final order of the Department of Transportation resulting from 
formal and informal adjudicative proceedings under Title 72, Chapter 7, Part 2, 
Junkyard Control Act.
(6)
The district court has original and exclusive jurisdiction over an action brought under 
Title 63G, Chapter 7, Governmental Immunity Act of Utah.
(7)
Notwithstanding Section 
78A-7-106
, the district court has original jurisdiction over a 
class B misdemeanor, a class C misdemeanor, an infraction, or a violation of an 
ordinance for which a justice court has original jurisdiction under Section 
78A-7-106
 if:
(a)
there is no justice court with territorial jurisdiction;
(b)
the offense occurred within the boundaries of the municipality in which the district 
courthouse is located and that municipality has not formed, or has formed and 
dissolved, a justice court; or
(c)
the offense is included in an indictment or information covering a single criminal 
episode alleging the commission of a felony or a class A misdemeanor by an 
individual who is 18 years old or older.
(8)
If a district court has jurisdiction in accordance with Subsection (4), (7)(a), or (7)(b), the 
district court has jurisdiction over an offense listed in Subsection 
78A-7-106(2)
 even if 
the offense is committed by an individual who is 16 or 17 years old.
(9)
The district court has subject matter jurisdiction over an action under Title 78B, Chapter 
7, Part 2, Child Protective Orders, if the juvenile court transfers the action to the district 
court.
(10)
(a)
The district court has subject matter jurisdiction over a criminal action that the 
justice court transfers to the district court.
(b)
Notwithstanding Subsection 
78A-7-106
(1), the district court has original jurisdiction 
over any refiled case of a criminal action transferred to the district court if the district 
court dismissed the transferred case without prejudice.
(11)
If the juvenile court has concurrent jurisdiction under Subsection 
78A-6-104(1)(a)(i)
over a parentage action filed in the district court, the district court may transfer 
jurisdiction over the parentage action to the juvenile court.
(11)
(12)
The Supreme Court and Court of Appeals have jurisdiction over an appeal from 
a final order, judgment, and decree of the district court as described in Sections 
78A-3-102
 and 
78A-4-103
.
Section 40, Section 
78A-5a-103
 is amended to read:
78A-5a-103
. Concurrent jurisdiction of the Business and Chancery Court -- 
Exceptions.
(1)
The Business and Chancery Court has jurisdiction, concurrent with the district court, 
over an action:
(a)
seeking monetary damages of at least $300,000 or seeking solely equitable relief; and
(b)
(i)
with a claim arising from:
(A)
a breach of a contract;
(B)
a breach of a fiduciary duty;
(C)
a dispute over the internal affairs or governance of a business organization;
(D)
the sale, merger, or dissolution of a business organization;
(E)
the sale of substantially all of the assets of a business organization;
(F)
the receivership or liquidation of a business organization;
(G)
a dispute over liability or indemnity between or among owners of the same 
business organization;
(H)
a dispute over liability or indemnity of an officer or owner of a business 
organization;
(I)
a tortious or unlawful act committed against a business organization, including 
an act of unfair competition, tortious interference, or misrepresentation or fraud;
(J)
a dispute between a business organization and an insurer regarding a 
commercial insurance policy;
(K)
a contract or transaction governed by Title 70A, Uniform Commercial Code;
(L)
the misappropriation of trade secrets under Title 13, Chapter 24, Uniform 
Trade Secrets Act;
(M)
the misappropriation of intellectual property;
(N)
a noncompete agreement, a nonsolicitation agreement, or a nondisclosure or 
confidentiality agreement, regardless of whether the agreement is oral or 
written;
(O)
a relationship between a franchisor and a franchisee;
(P)
the purchase or sale of a security or an allegation of security fraud;
(Q)
a dispute over a blockchain, blockchain technology, or a decentralized 
autonomous organization;
(R)
a violation of Title 76, Chapter 10, Part 31, Utah Antitrust Act; or
(S)
a contract with a forum selection clause for a chancery, business, or 
commercial court of this state or any other state;
(ii)
with a malpractice claim concerning services that a professional provided to a 
business organization; 
(iii)
that is a shareholder derivative action; or
(iv)
seeking a declaratory judgment as described in Title 78B, Chapter 6, Part 4, 
Declaratory Judgments.
(2)
Except as provided in Subsection (3), the Business and Chancery Court may exercise 
supplemental jurisdiction over any claim in an action that is within the jurisdiction of the 
Business and Chancery Court under Subsection (1) if the claim arises from the same set 
of facts or circumstances as the action.
(3)
The Business and Chancery Court may not exercise supplemental jurisdiction over:
(a)
any claim arising from:
(i)
a consumer contract;
(ii)
a personal injury, including a personal injury relating to or arising out of health 
care rendered or which should have been rendered by the health care provider;
(iii)
a violation of Title 13, Chapter 7, Civil Rights;
(iv)
Title 20A, Election Code;
(v)
Title 63G, Chapter 4, Administrative Procedures Act;
(vi)
Title 78B, Chapter 6, Part 1, Utah Adoption Act;
(vii)
(vi)
Title 78B, Chapter 6, Part 5, Eminent Domain;
(viii)
(vii)
Title 78B, Chapter 6, Part 8, Forcible Entry and Detainer, unless the claim 
is brought against a commercial tenant;
(ix)
(viii)
Title 78B, Chapter 7, Protective Orders and Stalking Injunctions;
 and
(x)
Title 78B, Chapter 13, Utah Uniform Child Custody Jurisdiction and 
Enforcement Act;
(xi)
Title 78B, Chapter 14, Utah Uniform Interstate Family Support Act;
(xii)
Title 78B, Chapter 15, Utah Uniform Parentage Act;
(xiii)
Title 78B, Chapter 16, Utah Uniform Child Abduction Prevention Act; 
(xiv)
Title 78B, Chapter 20, Uniform Deployed Parents Custody, Parent-time, and 
Visitation Act; 
(xv)
(ix)
Title 81, Utah Domestic Relations Code; 
or
(b)
any action in which a governmental entity is a party; or
(c)
any criminal matter, unless the criminal matter is an act or omission of contempt that 
occurs in an action before the Business and Chancery Court.
(4)
Notwithstanding Subsection (3), the Business and Chancery Court may exercise 
supplemental jurisdiction over a claim that is barred under Subsection (3):
(a)
if the claim is a compulsory counterclaim;
(b)
if there would be a material risk of inconsistent outcomes if the claim were tried in a 
separate action; or
(c)
solely to resolve a request for a provisional remedy related to the claim before the 
Business and Chancery Court transfers the claim as described in Subsection (5).
(5)
If an action contains a claim for which the Business and Chancery Court may not 
exercise supplemental jurisdiction under this section, the Business and Chancery Court 
shall bifurcate the action and transfer any claim for which the Business and Chancery 
Court does not have jurisdiction to a court with jurisdiction under Title 78A, Judiciary 
and Judicial Administration.
(6)
Before the Business and Chancery Court transfers a claim as described in Subsection (5), 
the Business and Chancery Court may resolve:
(a)
all claims for which the Business and Chancery Court has jurisdiction; and
(b)
any request for a provisional remedy related to a claim that is being transferred.
Section 41, 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 provided in Subsection (3), 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 Section 
53G-8-211
.
(2)
The juvenile court has original jurisdiction over:
(a)
any proceeding concerning:
(i)
a child who is an abused child, neglected child, or dependent child;
(ii)
a protective order for a child in accordance with Title 78B, Chapter 7, Part 2, 
Child Protective Orders;
(iii)
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;
(iv)
the emancipation of a minor in accordance with Title 80, Chapter 7, 
Emancipation;
(v)
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;
(vi)
the treatment or commitment of a minor who has an intellectual disability;
(vii)
the judicial consent to the marriage of a minor who is 16 or 17 years old in 
accordance with Section 
81-2-304
;
(viii)
an order for a parent or a guardian of a child under Subsection 
80-6-705
(3);
(ix)
a minor under Title 80, Chapter 6, Part 11, Interstate Compact for Juveniles;
(x)
the treatment or commitment of a child with a mental illness;
(xi)
the commitment of a child to a secure drug or alcohol facility in accordance with 
Section 
26B-5-204
;
(xii)
a minor found not competent to proceed in accordance with Title 80, Chapter 6, 
Part 4, Competency;
(xiii)
de novo review of final agency actions resulting from an informal adjudicative 
proceeding as provided in Section 
63G-4-402
;
(xiv)
adoptions conducted in accordance with the procedures described in Title 78B, 
Chapter 6, Part 1, Utah Adoption Act, 
an adoption of a child under Title 81, 
Chapter 13, Adoption, 
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;
(xv)
an adoption of an adult if the adoption arises from a case where the juvenile 
court has continuing jurisdiction over the adult;
(xv)
(xvi)
an ungovernable or runaway child who is referred to the juvenile court by 
the Division of Juvenile Justice and Youth Services if, despite earnest and 
persistent efforts by the Division of Juvenile Justice and Youth Services, the child 
has demonstrated that the child:
(A)
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
(B)
has run away from home; and
(xvi)
(xvii)
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;
(b)
a petition for expungement under Title 80, Chapter 6, Part 10, Juvenile Records and 
Expungement; 
(c)
the extension of a nonjudicial adjustment under Section 
80-6-304
;
(d)
a petition for special findings under Section 
80-3-305
; and
(e)
a referral of a minor for being a habitual truant as defined in Section 
53G-8-211
.
(3)
The juvenile court does not have original jurisdiction over an offense committed by a 
minor as described in Subsection 
(1)
 if:
(a)
the district court has original jurisdiction over the offense under Section 
78A-5-102.5
;
(b)
the district court has original jurisdiction over the offense under Subsection 
78A-5-102(8)
, unless the juvenile court has exclusive jurisdiction over the offense 
under Section 
78A-6-103.5
; or
(c)
the justice court has original jurisdiction over the offense under Subsection 
78A-7-106(2)
, unless the juvenile court has exclusive jurisdiction over the offense 
under Section 
78A-6-103.5
.
(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)(a)(xvi)
(2)(a)(xvii)
, (b), or (c).
(5)
This section does not restrict the right of access to the juvenile court by private agencies 
or other persons.
(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
Title 80, Chapter 6, Part 5, 
Minor Tried as an Adult
.
(7)
The juvenile court has jurisdiction to make a finding of substantiated, unsubstantiated, 
or without merit, in accordance with Section 
80-3-404
.
(8)
The juvenile court has jurisdiction over matters transferred to the juvenile court by 
another trial court in accordance with Subsection 
78A-7-106(6)
 and Section 
80-6-303
.
(9)
The juvenile court has jurisdiction to enforce foreign protection orders as described in 
Subsection 
78B-7-303(8)
.
Section 42, Section 
78A-6-104
 is amended to read:
78A-6-104
. Concurrent jurisdiction of the juvenile court -- Transfer of a 
protective order.
(1)
(a)
The juvenile court has jurisdiction, concurrent with the district court:
(i)
to establish 
paternity
parentage
, or to order testing for purposes of establishing 
paternity
parentage
, for a child in accordance with 
Title 78B, Chapter 15, Utah 
Uniform Parentage Act
Title 81, Chapter 5, Uniform Parentage Act
, when a 
proceeding is initiated under Title 80, Chapter 3, Abuse, Neglect, and Dependency 
Proceedings, or Title 80, Chapter 4, Termination and Restoration of Parental 
Rights, that involves the child;
(ii)
over a petition to modify a minor's birth certificate if the juvenile court has 
jurisdiction over the minor's case under Section 
78A-6-103
; and
(iii)
over questions of custody, support, and parent-time of a minor if the juvenile 
court has jurisdiction over the minor's case under Section 
78A-6-103
.
(b)
If the juvenile court obtains jurisdiction over a 
paternity
parentage
 action under 
Subsection (1)(a)(i), the juvenile court may:
(i)
retain jurisdiction over the 
paternity
parentage
 action until 
paternity
parentage
 of 
the child is adjudicated; or
(ii)
transfer jurisdiction over the 
paternity
parentage
 action to the district court.
(2)
(a)
The juvenile court has jurisdiction, concurrent with the district court or the justice 
court otherwise having jurisdiction, over a criminal information filed under Part 4a, 
Adult Criminal Proceedings, for an adult alleged to have committed:
(i)
an offense under Section 
32B-4-403
, unlawful sale, offer for sale, or furnishing to 
a minor;
(ii)
an offense under Section 
53G-6-202
, failure to comply with compulsory 
education requirements;
(iii)
an offense under Section 
80-2-609
, failure to report;
(iv)
a misdemeanor offense under Section 
76-5-303
, custodial interference;
(v)
an offense under Section 
76-4-206
, contributing to the delinquency of a minor; or
(vi)
an offense under Section 
80-5-601
, harboring a runaway.
(b)
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)(a).
(3)
(a)
When a support, custody, or parent-time award has been made by a district court 
in a divorce action or other proceeding, and the jurisdiction of the district court in the 
case is continuing, the juvenile court may acquire jurisdiction in a case involving the 
same child if the child comes within the jurisdiction of the juvenile court under 
Section 
78A-6-103
.
(b)
(i)
The juvenile court may, by order, change the custody subject to Subsection 
81-9-204
(5)
81-9-204(4)
, support, parent-time, and visitation rights previously 
ordered in the district court as necessary to implement the order of the juvenile 
court for the safety and welfare of the child.
(ii)
An order by the juvenile court under Subsection (3)(b)(i) remains in effect so 
long as the juvenile court continues to exercise jurisdiction.
(c)
If a copy of the findings and order of the juvenile court under this Subsection (3) are 
filed with the district court, the findings and order of the juvenile court are binding on 
the parties to the divorce action as though entered in the district court.
(4)
This section does not deprive the district court of jurisdiction to:
(a)
appoint a guardian for a child;
(b)
determine the support, custody, and parent-time of a child upon writ of habeas 
corpus; or
(c)
determine a question of support, custody, and parent-time that is incidental to the 
determination of an action in the district court.
(5)
A juvenile court may transfer a petition for a protective order for a child to the district 
court if the juvenile court has entered an ex parte protective order and finds that:
(a)
the petitioner and the respondent are the natural parent, adoptive parent, or step 
parent of the child who is the object of the petition;
(b)
the district court has a petition pending or an order related to custody or parent-time 
entered under Title 78B, Chapter 7, Part 6, Cohabitant Abuse Protective Orders, 
Title 78B, Chapter 15, Utah Uniform Parentage Act, or 
Title 81, Chapter 4, Part 4, 
Divorce,
 or Title 81, Chapter 5, Uniform Parentage Act,
 in which the petitioner and 
the respondent are parties; and
(c)
the best interests of the child will be better served in the district court.
Section 43, Section 
78A-6-356
 is amended to read:
78A-6-356
. Child support obligation when custody of a child is vested in an 
individual or institution.
(1)
As used in this section:
(a)
"Office" means the Office of Recovery Services.
(b)
"State custody" means that a child is in the custody of a state department, division, or 
agency, including secure care.
(2)
Under this section, a juvenile court may not issue a child support order against an 
individual unless:
(a)
the individual is served with notice that specifies the date and time of a hearing to 
determine the financial support of a specified child;
(b)
the individual makes a voluntary appearance; or
(c)
the individual submits a waiver of service.
(3)
Except as provided in Subsection (11), when a juvenile court places a child in state 
custody or if the guardianship of the child has been granted to another party and an 
agreement for a guardianship subsidy has been signed by the guardian, the juvenile court:
(a)
shall order the child's parent, guardian, or other obligated individual to pay child 
support for each month the child is in state custody or cared for under a grant of 
guardianship;
(b)
shall inform the child's parent, guardian, or other obligated individual, verbally and 
in writing, of the requirement to pay child support in accordance with Title 81, 
Chapter 6, Child Support
, and Title 81, Chapter 7, Payment and Enforcement of 
Spousal and Child Support
; and
(c)
may refer the establishment of a child support order to the office.
(4)
When a juvenile court chooses to refer a case to the office to determine support 
obligation amounts in accordance with Title 81, Chapter 6, Child Support, the juvenile 
court shall:
(a)
make the referral within three working days after the day on which the juvenile court 
holds the hearing described in Subsection (2)(a); and
(b)
inform the child's parent, guardian, or other obligated individual of:
(i)
the requirement to contact the office within 30 days after the day on which the 
juvenile court holds the hearing described in Subsection (2)(a); and
(ii)
the penalty described in Subsection (6) for failure to contact the office.
(5)
Liability for child support ordered under Subsection (3) shall accrue:
(a)
except as provided in Subsection (5)(b), beginning on day 61 after the day on which 
the juvenile court holds the hearing described in Subsection (2)(a) if there is no 
existing child support order for the child; or
(b)
beginning on the day the child is removed from the child's home, including time 
spent in detention or sheltered care, if the child is removed after having been returned 
to the child's home from state custody.
(6)
(a)
If the child's parent, guardian, or other obligated individual contacts the office 
within 30 days after the day on which the court holds the hearing described in 
Subsection (2)(a), the child support order may not include a judgment for past due 
support for more than two months.
(b)
Notwithstanding Subsections (5) and (6)(a), the juvenile court may order the liability 
of support to begin to accrue from the date of the proceeding referenced in 
Subsection (3) if:
(i)
the court informs the child's parent, guardian, or other obligated individual, as 
described in Subsection (4)(b), and the parent, guardian, or other obligated 
individual fails to contact the office within 30 days after the day on which the 
court holds the hearing described in Subsection (2)(a); and
(ii)
the office took reasonable steps under the circumstances to contact the child's 
parent, guardian, or other obligated individual within 30 days after the last day on 
which the parent, guardian, or other obligated individual was required to contact 
the office to facilitate the establishment of a child support order.
(c)
For purposes of Subsection (6)(b)(ii), the office is presumed to have taken reasonable 
steps if the office:
(i)
has a signed, returned receipt for a certified letter mailed to the address of the 
child's parent, guardian, or other obligated individual regarding the requirement 
that a child support order be established; or
(ii)
has had a documented conversation, whether by telephone or in person, with the 
child's parent, guardian, or other obligated individual regarding the requirement 
that a child support order be established.
(7)
In collecting arrears, the office shall comply with Section 
26B-9-219
 in setting a 
payment schedule or demanding payment in full.
(8)
(a)
Unless a court orders otherwise, the child's parent, guardian, or other obligated 
individual shall pay the child support to the office.
(b)
The clerk of the juvenile court, the office, or the department and the department's 
divisions shall have authority to receive periodic payments for the care and 
maintenance of the child, such as social security payments or railroad retirement 
payments made in the name of or for the benefit of the child.
(9)
An existing child support order payable to a parent or other individual shall be assigned 
to the department as provided in Section 
26B-9-111
.
(10)
(a)
Subsections (4) through (9) do not apply if legal custody of a child is vested by 
the juvenile court in an individual.
(b)
(i)
If legal custody of a child is vested by the juvenile court in an individual, the 
court may order the child's parent, guardian, or other obligated individual to pay 
child support to the individual in whom custody is vested.
(ii)
In the same proceeding, the juvenile court shall inform the child's parent, 
guardian, or other obligated individual, verbally and in writing, of the requirement 
to pay child support in accordance with Title 81, Chapter 6, Child Support
, and 
Title 81, Chapter 7, Payment and Enforcement of Spousal and Child Support
.
(11)
The juvenile court may not order an individual to pay child support for a child in state 
custody if:
(a)
the individual's only form of income is a government-issued disability benefit;
(b)
the benefit described in Subsection (11)(a) is issued because of the individual's 
disability, and not the child's disability; and
(c)
the individual provides the juvenile court and the office evidence that the individual 
meets the requirements of Subsections (11)(a) and (b).
(12)
(a)
The child's parent or another obligated individual is not responsible for child 
support for the period of time that the child is removed from the child's home by the 
Division of Child and Family Services if:
(i)
the juvenile court finds that there were insufficient grounds for the removal of the 
child; and
(ii)
the child is returned to the home of the child's parent or guardian based on the 
finding described in Subsection (12)(a)(i).
(b)
If the juvenile court finds insufficient grounds for the removal of the child under 
Subsection (12)(a), but that the child is to remain in state custody, the juvenile court 
shall order that the child's parent or another obligated individual is responsible for 
child support beginning on the day on which it became improper to return the child to 
the home of the child's parent or guardian.
(13)
After the juvenile court or the office establishes an individual's child support obligation 
ordered under Subsection (3), the office shall waive the obligation without further order 
of the juvenile court if:
(a)
the individual's child support obligation is established in accordance with a low 
income table described in Title 81, Chapter 6, Part 3, Child Support Tables; or
(b)
the individual's only source of income is a means-tested, income replacement 
payment of aid, including:
(i)
cash assistance provided under Title 35A, Chapter 3, Part 3, Family Employment 
Program; or
(ii)
cash benefits received under General Assistance, social security income, or social 
security disability income.
Section 44, Section 
78A-6-358
 is amended to read:
78A-6-358
. Period of effect for a judgment, decree, or order by a juvenile court.
(1)
A judgment, order, or decree of the juvenile court is no longer in effect after a minor is 
21 years old, except:
(a)
for an order of commitment to the Utah State Developmental Center or to the 
custody of the Division of Substance Abuse and Mental Health;
(b)
for an adoption under Subsection 
78A-6-103(2)(a)(xiv)
 or (xv)
;
(c)
for an order permanently terminating the rights of a parent, guardian, or custodian 
under 
Title 80, Chapter 4, Termination and Restoration of Parental Rights
;
(d)
for a permanent order of custody and guardianship under Subsection 
80-3-405(2)(d)
;
(e)
an order establishing 
paternity
parentage
 under Subsection 
78A-6-104(1)(a)(i)
; and
(f)
as provided in Subsection 
(2)
.
(2)
If the juvenile court enters a judgment or order for a minor for whom the juvenile court 
has extended continuing jurisdiction over the minor's case until the minor is 25 years old 
under Section 
80-6-605
, the juvenile court's judgment or order is no longer in effect after 
the minor is 25 years old.
Section 45, Section 
78A-6-359
 is amended to read:
78A-6-359
. Appeals.
(1)
An appeal to the Court of Appeals may be taken from any order, decree, or judgment of 
the juvenile court.
(2)
(a)
An appeal of right from an order, decree, or judgment by a juvenile court related 
to a proceeding under 
Title 78B, Chapter 6, Part 1, Utah Adoption Act
, 
Title 80, 
Chapter 3, Abuse, Neglect, and Dependency Proceedings
, 
and 
Title 80, Chapter 4, 
Termination and Restoration of Parental Rights
,
 and Title 81, Chapter 13, Adoption,
shall be filed within 15 days after the day on which the juvenile court enters the 
order, decree, or judgment.
(b)
A notice of appeal must be signed by appellant's counsel, if any, and by appellant, 
unless the appellant is a child or state agency.
(c)
If an appellant fails to timely sign a notice of appeal, the appeal shall be dismissed.
(3)
An order for a disposition from the juvenile court shall include the following 
information:
(a)
notice that the right to appeal described in Subsection 
(2)(a)
 is time sensitive and 
must be taken within 15 days after the day on which the juvenile court enters the 
order, decree, or judgment appealed from;
(b)
the right to appeal within the specified time limits;
(c)
the need for the signature of the parties on a notice of appeal in an appeal described 
in Subsection 
(2)(a)
; and
(d)
the need for each party to maintain regular contact with the 
the 
party's counsel and 
to keep the party's counsel informed of the party's whereabouts.
(4)
If a party is not present in the courtroom, the juvenile court shall provide a statement 
containing the information provided in Subsection 
(3)
 to the party at the party's last 
known address.
(5)
The juvenile court shall inform each party's counsel at the conclusion of the proceedings 
that, if an appeal is filed, appellate counsel must represent the party throughout the 
appellate process unless appellate counsel is not appointed under the Utah Rules of 
Appellate Procedure, Rule 55.
(6)
During the pendency of an appeal under Subsection 
(2)(a)
, a party shall maintain regular 
contact with the party's appellate counsel, if any, and keep the party's appellate counsel 
informed of the party's whereabouts.
(7)
(a)
In all other appeals of right, the appeal shall be taken within 30 days after the day 
on which the juvenile court enters the order, decree, or judgment.
(b)
A notice of appeal under Subsection 
(7)(a)
 must be signed by appellant's counsel, if 
any, or by appellant.
(8)
The attorney general shall represent the state in all appeals under this chapter and 
Title 
80, Chapter 3, Abuse, Neglect, and Dependency Proceedings
, 
Title 80, Chapter 4, 
Termination and Restoration of Parental Rights
, and 
Title 80, Chapter 6, Juvenile Justice
.
(9)
Unless the juvenile court stays the juvenile court's order, the pendency of an appeal does 
not stay the order or decree appealed from in a minor's case, unless otherwise ordered by 
the Court of Appeals, if suitable provision for the care and custody of the minor 
involved is made pending the appeal.
(10)
Access to the record on appeal is governed by 
Title 63G, Chapter 2, Government 
Records Access and Management Act
. 
Section 46, Section 
78B-3-205
 is amended to read:
78B-3-205
. Acts submitting person to jurisdiction.
Notwithstanding Section 
16-10a-1501
, any person or personal representative of the 
person, whether or not a citizen or resident of this state, who, in person or through an agent, 
does any of the following enumerated acts is subject to the jurisdiction of the courts of this 
state as to any claim arising out of or related to:
(1)
the transaction of any business within this state;
(2)
contracting to supply services or goods in this state;
(3)
the causing of any injury within this state whether tortious or by breach of warranty;
(4)
the ownership, use, or possession of any real estate situated in this state;
(5)
contracting to insure any person, property, or risk located within this state at the time of 
contracting;
(6)
with respect to actions of divorce, separate maintenance, or child support, having 
resided, in the marital relationship, within this state notwithstanding subsequent 
departure from the state; or the commission in this state of the act giving rise to the 
claim, so long as that act is not a mere omission, failure to act, or occurrence over which 
the defendant had no control; or
(7)
the commission of sexual intercourse within this state which gives rise to a 
paternity 
suit under 
Title 78B, Chapter 15, Utah Uniform Parentage Act
parentage action under 
Title 81, Chapter 5, Uniform Parentage Act
, to determine 
paternity
parentage
 for the 
purpose of establishing responsibility for child support.
Section 47, Section 
78B-3-416
 is amended to read:
78B-3-416
. Division to provide panel -- Exemption -- Procedures -- Statute of 
limitations tolled -- Composition of panel -- Expenses -- Division authorized to set license 
fees.
(1)
(a)
The division shall provide a hearing panel in alleged medical liability cases 
against health care providers as defined in Section 
78B-3-403
, except dentists or 
dental care providers.
(b)
(i)
The division shall establish procedures for prelitigation consideration of 
medical liability claims for damages arising out of the provision of or alleged 
failure to provide health care.
(ii)
The division may establish rules necessary to administer the process and 
procedures related to prelitigation hearings and the conduct of prelitigation 
hearings in accordance with Sections 
78B-3-416
 through 
78B-3-420
.
(c)
The proceedings are informal, nonbinding, and are not subject to Title 63G, Chapter 
4, Administrative Procedures Act, but are compulsory as a condition precedent to 
commencing litigation.
(d)
Proceedings conducted under authority of this section are confidential, privileged, 
and immune from civil process.
(e)
The division may not provide more than one hearing panel for each alleged medical 
liability case against a health care provider.
(2)
(a)
The party initiating a medical liability action shall file a request for prelitigation 
panel review with the division within 60 days after the service of a statutory notice of 
intent to commence action under Section 
78B-3-412
.
(b)
The request shall include a copy of the notice of intent to commence action. The 
request shall be mailed to all health care providers named in the notice and request.
(3)
(a)
As used in this Subsection (3):
(i)
"Court-appointed therapist" means a mental health therapist ordered by a court to 
provide psychotherapeutic treatment to an individual, a couple, or a family in a 
domestic case.
(ii)
"Domestic case" means a proceeding under:
(A)
Title 78B, Chapter 7, Protective Orders and Stalking Injunctions;
(B)
Title 78B, Chapter 13, Utah Uniform Child Custody Jurisdiction and 
Enforcement Act; 
(C)
Title 78B, Chapter 15, Utah Uniform Parentage Act;
(D)
(B)
Title 81, Chapter 4, Dissolution of Marriage; 
or
(C)
Title 81, Chapter 5, Uniform Parentage Act;
(E)
(D)
Title 81, Chapter 9, Custody, Parent-time, and Visitation
.
; or
(E)
Title 81, Chapter 11, Uniform Child Custody Jurisdiction and Enforcement Act.
(iii)
"Mental health therapist" means the same as that term is defined in Section 
58-60-102
.
(b)
If a court appoints a court-appointed therapist in a domestic case, a party to the 
domestic case may not file a request for a prelitigation panel review for a malpractice 
action against the court-appointed therapist during the pendency of the domestic case, 
unless:
(i)
the party has requested that the court release the court-appointed therapist from 
appointment; and
(ii)
the court finds good cause to release the court-appointed therapist from the 
appointment.
(c)
If a party is prohibited from filing a request for a prelitigation panel review under 
Subsection (3)(b), the applicable statute of limitations tolls until the earlier of:
(i)
the court releasing the court-appointed therapist from appointment as described in 
Subsection (3)(b); or
(ii)
the court entering a final order in the domestic case.
(4)
(a)
The filing of a request for prelitigation panel review under this section tolls the 
applicable statute of limitations until the later of:
(i)
60 days following the division's issuance of:
(A)
an opinion by the prelitigation panel; or
(B)
a certificate of compliance under Section 
78B-3-418
; or
(ii)
the expiration of the time for holding a hearing under Subsection (4)(b)(ii).
(b)
The division shall:
(i)
send any opinion issued by the panel to all parties by regular mail; and
(ii)
complete a prelitigation hearing under this section within:
(A)
180 days after the filing of the request for prelitigation panel review; or
(B)
any longer period as agreed upon in writing by all parties to the review.
(c)
If the prelitigation hearing has not been completed within the time limits established 
in Subsection (4)(b)(ii), the claimant shall:
(i)
file an affidavit of merit under the provisions of Section 
78B-3-423
; or
(ii)
file an affidavit with the division within 180 days of the request for pre-litigation 
review, in accordance with Subsection (4)(d), alleging that the respondent has 
failed to reasonably cooperate in scheduling the hearing.
(d)
If the claimant files an affidavit under Subsection (4)(c)(ii):
(i)
within 15 days of the filing of the affidavit under Subsection (4)(c)(ii), the division 
shall determine whether either the respondent or the claimant failed to reasonably 
cooperate in the scheduling of a pre-litigation hearing; and
(ii)
(A)
if the determination is that the respondent failed to reasonably cooperate in 
the scheduling of a hearing, and the claimant did not fail to reasonably 
cooperate, the division shall, issue a certificate of compliance for the claimant 
in accordance with Section 
78B-3-418
; or
(B)
if the division makes a determination other than the determination in 
Subsection (4)(d)(ii)(A), the claimant shall file an affidavit of merit in 
accordance with Section 
78B-3-423
, within 30 days of the determination of the 
division under this Subsection (4).
(e)
(i)
The claimant and any respondent may agree by written stipulation that no 
useful purpose would be served by convening a prelitigation panel under this 
section.
(ii)
When the stipulation is filed with the division, the division shall within 10 days 
after receipt issue a certificate of compliance under Section 
78B-3-418
, as it 
concerns the stipulating respondent, and stating that the claimant has complied 
with all conditions precedent to the commencement of litigation regarding the 
claim.
(5)
The division shall provide for and appoint an appropriate panel or panels to hear 
complaints of medical liability and damages, made by or on behalf of any patient who is 
an alleged victim of medical liability. The panels are composed of:
(a)
one member who is a resident lawyer currently licensed and in good standing to 
practice law in this state and who shall serve as chairman of the panel, who is 
appointed by the division from among qualified individuals who have registered with 
the division indicating a willingness to serve as panel members, and a willingness to 
comply with the rules of professional conduct governing lawyers in the state, and 
who has completed division training regarding conduct of panel hearings;
(b)
(i)
one or more members who are licensed health care providers listed under 
Section 
78B-3-403
, who are practicing and knowledgeable in the same specialty 
as the proposed defendant, and who are appointed by the division in accordance 
with Subsection (6); or
(ii)
in claims against only a health care facility or the facility's employees, one 
member who is an individual currently serving in a health care facility 
administration position directly related to health care facility operations or 
conduct that includes responsibility for the area of practice that is the subject of 
the liability claim, and who is appointed by the division; and
(c)
a lay panelist who is not a lawyer, doctor, hospital employee, or other health care 
provider, and who is a responsible citizen of the state, selected and appointed by the 
division from among individuals who have completed division training with respect 
to panel hearings.
(6)
(a)
Each person listed as a health care provider in Section 
78B-3-403
 and practicing 
under a license issued by the state, is obligated as a condition of holding that license 
to participate as a member of a medical liability prelitigation panel at reasonable 
times, places, and intervals, upon issuance, with advance notice given in a reasonable 
time frame, by the division of an Order to Participate as a Medical Liability 
Prelitigation Panel Member.
(b)
A licensee may be excused from appearance and participation as a panel member 
upon the division finding participation by the licensee will create an unreasonable 
burden or hardship upon the licensee.
(c)
A licensee whom the division finds failed to appear and participate as a panel 
member when so ordered, without adequate explanation or justification and without 
being excused for cause by the division, may be assessed an administrative fine not to 
exceed $5,000.
(d)
A licensee whom the division finds intentionally or repeatedly failed to appear and 
participate as a panel member when so ordered, without adequate explanation or 
justification and without being excused for cause by the division, may be assessed an 
administrative fine not to exceed $5,000, and is guilty of unprofessional conduct.
(e)
All fines collected under Subsections (6)(c) and (d) shall be deposited into the 
Physicians Education Fund created in Section 
58-67a-1
.
(f)
The director of the division may collect a fine that is not paid by:
(i)
referring the matter to a collection agency; or
(ii)
bringing an action in the district court of the county where the person against 
whom the penalty is imposed resides or in the county where the office of the 
director is located.
(g)
A county attorney or the attorney general of the state shall provide legal assistance 
and advice to the director in an action to collect a fine.
(h)
A court shall award reasonable attorney fees and costs to the prevailing party in an 
action brought by the division to collect a fine.
(7)
Each person selected as a panel member shall certify, under oath, that 
he
the member
has no bias or conflict of interest with respect to any matter under consideration.
(8)
A member of the prelitigation hearing panel may not receive compensation or benefits 
for the member's service, but may receive per diem and travel expenses in accordance 
with:
(a)
Section 
63A-3-106
;
(b)
Section 
63A-3-107
; and
(c)
rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and 
63A-3-107
.
(9)
(a)
In addition to the actual cost of administering the licensure of health care 
providers, the division may set license fees of health care providers within the limits 
established by law equal to their proportionate costs of administering prelitigation 
panels.
(b)
The claimant bears none of the costs of administering the prelitigation panel except 
under Section 
78B-3-420
.
Section 48, Section 
78B-22-201
 is amended to read:
78B-22-201
. Right to counsel.
(1)
A court shall advise the following of the individual's right to counsel no later than the 
individual's first court appearance:
(a)
an adult charged with a criminal offense the penalty for which includes the 
possibility of incarceration regardless of whether actually imposed;
(b)
a parent or legal guardian facing an action initiated by the state under:
(i)
Title 78A, Chapter 6, Part 4a, Adult Criminal Proceedings
;
(ii)
Title 80, Chapter 3, Abuse, Neglect, and Dependency Proceedings
; or
(iii)
Title 80, Chapter 4, Termination and Restoration of Parental Rights
;
(c)
a parent or legal guardian facing an action initiated by any party under:
(i)
Section 
78B-6-112
81-13-205
; or
(ii)
Title 80, Chapter 4, Termination and Restoration of Parental Rights
; or
(d)
an individual described in this Subsection 
(1)
, who is appealing a conviction or other 
final court action.
(2)
If an individual described in Subsection 
(1)
 does not knowingly and voluntarily waive 
the right to counsel, the court shall determine whether the individual is indigent under 
Section 
78B-22-202
.
Section 49, Section 
78B-22-901
 is amended to read:
78B-22-901
. Definitions.
As used in this part:
(1)
(a)
"Appellate defense services" means the representation of an indigent individual:
(i)
described in Subsection 
78B-22-201(1)(d)
 or who is party to an appeal under 
Section 
77-18a-1
;
(ii)
in an action or on appeal for postconviction relief under 
Chapter 9, 
Postconviction Remedies Act
; or
(iii)
in an appeal of right from an action for the termination or restoration of parental 
rights under 
Chapter 6, Part 1, Utah Adoption Act
, 
Title 80, Chapter 3, Abuse, 
Neglect, and Dependency Proceedings
, 
or 
Title 80, Chapter 4, Termination and 
Restoration of Parental Rights
, or Title 81, Chapter 13, Adoption
.
(b)
"Appellate defense services" does not include the representation of an indigent 
individual:
(i)
facing an appeal in a case where the indigent individual was prosecuted for 
aggravated murder; or
(ii)
in an action or appeal for postconviction relief under 
Chapter 9, Postconviction 
Remedies Act
, if the indigent individual has been sentenced to death.
(2)
"Division" means the Indigent Appellate Defense Division created in Section 
78B-22-902
.
Section 50, Section 
78B-22-903
 is amended to read:
78B-22-903
. Powers and duties of the division.
(1)
The division shall:
(a)
provide appellate defense services:
(i)
for an appeal under Section 
77-18a-1
, in counties of the third, fourth, fifth, and 
sixth class;
(ii)
for an action or an appeal for postconviction relief under 
Chapter 9, 
Postconviction Remedies Act
, if the court appoints the division to represent the 
indigent individual; and
(iii)
for an appeal of right from an action for the termination or restoration of parental 
rights under 
Chapter 6, Part 1, Utah Adoption Act
, 
Title 80, Chapter 3, Abuse, 
Neglect, and Dependency Proceedings
, 
or 
Title 80, Chapter 4, Termination and 
Restoration of Parental Rights
, or Title 81, Chapter 13, Adoption
; and
(b)
provide appellate defense services in accordance with the core principles adopted by 
the commission under Section 
78B-22-404
 and any other state and federal standards 
for appellate defense services.
(2)
Upon consultation with the executive director and the commission, the division shall:
(a)
adopt a budget for the division;
(b)
adopt and publish on the commission's website:
(i)
appellate performance standards;
(ii)
case weighting standards; and
(iii)
any other relevant measures or information to assist with appellate defense 
services; and
(c)
if requested by the commission, provide a report to the commission on:
(i)
the provision of appellate defense services by the division;
(ii)
the caseloads of appellate attorneys; and
(iii)
any other information relevant to appellate defense services in the state.
(3)
If the division provides appellate defense services to an indigent individual in an 
indigent defense system, the division shall provide notice to the district court and the 
indigent defense system that the division intends to be appointed as counsel for the 
indigent individual.
(4)
The office shall assist with providing training and continual legal education on appellate 
defense to indigent defense service providers in counties of the third, fourth, fifth, and 
sixth class.
Section 51, Section 
80-1-102
 is amended to read:
80-1-102
. Juvenile Code definitions.
Except as provided in Section 
80-6-1103
, as used in this title:
(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)
(a)
"Adjudication" means, except as provided in Subsection (3)(b):
(i)
for a delinquency petition or criminal information under Chapter 6, Juvenile 
Justice:
(A)
a finding by the juvenile court that the facts alleged in a delinquency petition 
or criminal information alleging that a minor committed an offense have been 
proved;
(B)
an admission by a minor in the juvenile court as described in Section 
80-6-306
; 
or
(C)
a plea of no contest by minor in the juvenile court; or
(ii)
for all other proceedings under this title, a finding by the juvenile court that the 
facts alleged in the petition have been proved.
(b)
"Adjudication" does not include:
(i)
an admission by a minor described in Section 
80-6-306
 until the juvenile court 
enters the minor's admission; or
(ii)
a finding of not competent to proceed in accordance with Section 
80-6-402
.
(4)
(a)
"Adult" means an individual who is 18 years old or older.
(b)
"Adult" does not include an individual:
(i)
who is 18 years old or older; and
(ii)
who is a minor.
(5)
"Attorney guardian ad litem" means the same as that term is defined in Section 
78A-2-801
.
(6)
"Board" means the Board of Juvenile Court Judges.
(7)
"Child" means, except as provided in Section 
80-2-905
, an individual who is under 18 
years old.
(8)
"Child and family plan" means a written agreement between a child's parents or 
guardian and the Division of Child and Family Services as described in Section 
80-3-307
.
(9)
"Child placing" means the same as that term is defined in Section 
26B-2-101
.
(10)
"Child-placing agency" means the same as that term is defined in Section 
26B-2-101
.
(11)
"Child protection team" means a team consisting of:
(a)
the child welfare caseworker assigned to the case;
(b)
if applicable, the child welfare caseworker who made the decision to remove the 
child;
(c)
a representative of the school or school district where the child attends school;
(d)
if applicable, the law enforcement officer who removed the child from the home;
(e)
a representative of the appropriate Children's Justice Center, if one is established 
within the county where the child resides;
(f)
if appropriate, and known to the division, a therapist or counselor who is familiar 
with the child's circumstances;
(g)
if appropriate, a representative of law enforcement selected by the chief of police or 
sheriff in the city or county where the child resides; and
(h)
any other individuals determined appropriate and necessary by the team coordinator 
and chair.
(12)
(a)
"Chronic abuse" means repeated or patterned abuse.
(b)
"Chronic abuse" does not mean an isolated incident of abuse.
(13)
(a)
"Chronic neglect" means repeated or patterned neglect.
(b)
"Chronic neglect" does not mean an isolated incident of neglect.
(14)
"Clandestine laboratory operation" means the same as that term is defined in Section 
58-37d-3
.
(15)
"Commit" or "committed" 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 old, to transfer custody.
(16)
"Community-based program" means a nonsecure residential or nonresidential program, 
designated to supervise and rehabilitate juvenile offenders, that prioritizes the least 
restrictive setting, consistent with public safety, and operated by or under contract with 
the Division of Juvenile Justice and Youth Services.
(17)
"Community placement" means placement of a minor in a community-based program 
described in Section 
80-5-402
.
(18)
"Correctional facility" means:
(a)
a county jail; or
(b)
a secure correctional facility as defined in Section 
64-13-1
.
(19)
"Criminogenic risk factors" means evidence-based factors that are associated with a 
minor's likelihood of reoffending.
(20)
"Department" means the Department of Health and Human Services created in Section 
26B-1-201
.
(21)
"Dependent child" or "dependency" means a child who is without proper care through 
no fault of the child's parent, guardian, or custodian.
(22)
"Deprivation of custody" means transfer of legal custody by the juvenile court from a 
parent or a previous custodian to another person, agency, or institution.
(23)
"Detention" means home detention or secure detention.
(24)
"Detention facility" means a facility, established by the Division of Juvenile Justice 
and Youth Services in accordance with Section 
80-5-501
, for minors held in detention.
(25)
"Detention risk assessment tool" means an evidence-based tool established under 
Section 
80-5-203
 that:
(a)
assesses a minor's risk of failing to appear in court or reoffending before 
adjudication; and
(b)
is designed to assist in making a determination of whether a minor shall be held in 
detention.
(26)
"Developmental immaturity" means incomplete development in one or more domains 
that manifests as a functional limitation in the minor's present ability to:
(a)
consult with counsel with a reasonable degree of rational understanding; and
(b)
have a rational as well as factual understanding of the proceedings.
(27)
"Disposition" means an order by a juvenile court, after the adjudication of a minor, 
under Section 
80-3-405
 or 
80-4-305
 or Chapter 6, Part 7, Adjudication and Disposition.
(28)
"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.
(29)
"Educational series" means an evidence-based instructional series:
(a)
obtained at a substance abuse program that is approved by the Division of Integrated 
Healthcare in accordance with Section 
26B-5-104
; and
(b)
designed to prevent substance use or the onset of a mental health disorder.
(30)
"Emancipated" means the same as that term is defined in Section 
80-7-102
.
(31)
"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.
(32)
"Forensic evaluator" means the same as that term is defined in Section 
77-15-2
.
(33)
"Formal probation" means a minor is:
(a)
supervised in the community by, and reports to, a juvenile probation officer or an 
agency designated by the juvenile court; and
(b)
subject to return to the juvenile court in accordance with Section 
80-6-607
.
(34)
"Group rehabilitation therapy" means psychological and social counseling of one or 
more individuals in the group, depending upon the recommendation of the therapist.
(35)
"Guardian" means a person appointed by a court to make decisions regarding a minor, 
including 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 individual, agency, or 
institution.
(36)
"Guardian ad litem" means the same as that term is defined in Section 
78A-2-801
.
(37)
"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.
(38)
"Home detention" means placement of a minor:
(a)
if prior to a disposition, in the minor's home, or in a surrogate home with the consent 
of the minor's parent, guardian, or custodian, under terms and conditions established 
by the Division of Juvenile Justice and Youth Services or the juvenile court; or
(b)
if after a disposition, and in accordance with Section 
78A-6-353
 or 
80-6-704
, in the 
minor's home, or in a surrogate home with the consent of the minor's parent, 
guardian, or custodian, under terms and conditions established by the Division of 
Juvenile Justice and Youth Services or the juvenile court.
(39)
(a)
"Incest" means engaging in sexual intercourse with an individual whom the 
perpetrator knows to be the perpetrator's ancestor, descendant, brother, sister, uncle, 
aunt, nephew, niece, or first cousin.
(b)
"Incest" includes:
(i)
blood relationships of the whole or half blood, regardless of whether the 
relationship is legally recognized;
(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.
(40)
"Indian child" means the same as that term is defined in 25 U.S.C. Sec. 1903.
(41)
"Indian tribe" means the same as that term is defined in 25 U.S.C. Sec. 1903.
(42)
"Indigent defense service provider" means the same as that term is defined in Section 
78B-22-102
.
(43)
"Indigent defense services" means the same as that term is defined in Section 
78B-22-102
.
(44)
"Indigent individual" means the same as that term is defined in Section 
78B-22-102
.
(45)
(a)
"Intake probation" means a minor is:
(i)
monitored by a juvenile probation officer; and
(ii)
subject to return to the juvenile court in accordance with Section 
80-6-607
.
(b)
"Intake probation" does not include formal probation.
(46)
"Intellectual disability" means a significant subaverage general intellectual functioning 
existing concurrently with deficits in adaptive behavior that constitutes a substantial 
limitation to the individual's ability to function in society.
(47)
"Juvenile offender" means:
(a)
a serious youth offender; or
(b)
a youth offender.
(48)
"Juvenile probation officer" means a probation officer appointed under Section 
78A-6-205
.
(49)
"Juvenile receiving center" means a nonsecure, nonresidential program established by 
the Division of Juvenile Justice and Youth Services, or under contract with the Division 
of Juvenile Justice and Youth Services, that is responsible for minors taken into 
temporary custody under Section 
80-6-201
.
(50)
"Legal custody" means a relationship embodying:
(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.
(51)
"Licensing Information System" means the Licensing Information System maintained 
by the Division of Child and Family Services under Section 
80-2-1002
.
(52)
"Management Information System" means the Management Information System 
developed by the Division of Child and Family Services under Section 
80-2-1001
.
(53)
"Mental illness" means:
(a)
a psychiatric disorder that substantially impairs an individual's mental, emotional, 
behavioral, or related functioning; or
(b)
the same as that term is defined in:
(i)
the current edition of the Diagnostic and Statistical Manual of Mental Disorders 
published by the American Psychiatric Association; or
(ii)
the current edition of the International Statistical Classification of Diseases and 
Related Health Problems.
(54)
"Minor" means, except as provided in Sections 
80-6-501
, 
80-6-901
, and 
80-7-102
:
(a)
a child; or
(b)
an individual:
(i)
(A)
who is at least 18 years old and younger than 21 years old; and
(B)
for whom the Division of Child and Family Services has been specifically 
ordered by the juvenile court to provide services because the individual was an 
abused, neglected, or dependent child or because the individual was 
adjudicated for an offense;
(ii)
(A)
who is at least 18 years old and younger than 25 years old; and
(B)
whose case is under the jurisdiction of the juvenile court in accordance with 
Subsection 
78A-6-103
(1)(b); or
(iii)
(A)
who is at least 18 years old and younger than 21 years old; and
(B)
whose case is under the jurisdiction of the juvenile court in accordance with 
Subsection 
78A-6-103
(1)(c).
(55)
"Mobile crisis outreach team" means the same as that term is defined in Section 
26B-5-101
.
(56)
"Molestation" means that an individual, with the intent to arouse or gratify the sexual 
desire of any individual, touches the anus, buttocks, pubic area, or genitalia of any child, 
or the breast of a female child, or takes indecent liberties with a child as defined in 
Section 
76-5-401.1
.
(57)
(a)
"Natural parent" means, except as provided in Section 
80-3-302
, a minor's 
biological or adoptive parent.
(b)
"Natural parent" includes the minor's noncustodial parent.
(58)
(57)
(a)
"Neglect" means action or inaction causing:
(i)
abandonment of a child, except as provided in Chapter 4, Part 5, 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 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;
(v)
abandonment of a child through an unregulated child custody transfer under 
Section 
78B-24-203
81-14-203
; or
(vi)
educational neglect.
(b)
"Neglect" does not include:
(i)
a parent or guardian legitimately practicing religious beliefs and who, for that 
reason, does not provide specified medical treatment for a child;
(ii)
a health care decision made for a child by the child's parent or guardian, unless 
the state or other party to a proceeding shows, by clear and convincing evidence, 
that the health care decision is not reasonable and informed;
(iii)
a parent or guardian exercising the right described in Section 
80-3-304
; or
(iv)
permitting a child, whose basic needs are met and who is of sufficient age and 
maturity to avoid harm or unreasonable risk of harm, to engage in independent 
activities, including:
(A)
traveling to and from school, including by walking, running, or bicycling;
(B)
traveling to and from nearby commercial or recreational facilities;
(C)
engaging in outdoor play;
(D)
remaining in a vehicle unattended, except under the conditions described in 
Subsection 
76-10-2202
(2);
(E)
remaining at home unattended; or
(F)
engaging in a similar independent activity.
(59)
(58)
"Neglected child" means a child who has been subjected to neglect.
(60)
(59)
"Nonjudicial adjustment" means closure of the case by the assigned juvenile 
probation officer, without an adjudication of the minor's case under Section 
80-6-701
, 
upon the consent in writing of:
(a)
the assigned juvenile probation officer; and
(b)
(i)
the minor; or
(ii)
the minor and the minor's parent, guardian, or custodian.
(61)
(60)
"Not competent to proceed" means that a minor, due to a mental illness, 
intellectual disability or related condition, or developmental immaturity, lacks the ability 
to:
(a)
understand the nature of the proceedings against the minor or of the potential 
disposition for the offense charged; or
(b)
consult with counsel and participate in the proceedings against the minor with a 
reasonable degree of rational understanding.
(61)
(a)
"Parent" means, except as provided in Section 
80-3-302
, an individual with a 
parent-child relationship to a minor under Section 
81-5-201
.
(b)
"Parent" includes the minor's noncustodial parent as defined in Section 
81-1-101
.
(62)
"Parole" means a conditional release of a juvenile offender from residency in secure 
care to live outside of secure care under the supervision of the Division of Juvenile 
Justice and Youth Services, or another person designated by the Division of Juvenile 
Justice and Youth Services.
(63)
"Physical abuse" means abuse that results in physical injury or damage to a child.
(64)
(a)
"Probation" means a legal status created by court order, following an 
adjudication under Section 
80-6-701
, whereby the minor is permitted to remain in the 
minor's home under prescribed conditions.
(b)
"Probation" includes intake probation or formal probation.
(65)
"Prosecuting attorney" means:
(a)
the attorney general and any assistant attorney general;
(b)
any district attorney or deputy district attorney;
(c)
any county attorney or assistant county attorney; and
(d)
any other attorney authorized to commence an action on behalf of the state.
(66)
"Protective custody" means the shelter of a child by the Division of Child and Family 
Services from the time the child is removed from the home until the earlier of:
(a)
the day on which the shelter hearing is held under Section 
80-3-301
; or
(b)
the day on which the child is returned home.
(67)
"Protective services" means expedited services that are provided:
(a)
in response to evidence of neglect, abuse, or dependency of a child;
(b)
to a cohabitant who is neglecting or abusing a child, in order to:
(i)
help the cohabitant develop recognition of the cohabitant's duty of care and of the 
causes of neglect or abuse; and
(ii)
strengthen the cohabitant's ability to provide safe and acceptable care; and
(c)
in cases where the child's welfare is endangered:
(i)
to bring the situation to the attention of the appropriate juvenile court and law 
enforcement agency;
(ii)
to cause a protective order to be issued for the protection of the child, when 
appropriate; and
(iii)
to protect the child from the circumstances that endanger the child's welfare 
including, when appropriate:
(A)
removal from the child's home;
(B)
placement in substitute care; and
(C)
petitioning the court for termination of parental rights.
(68)
"Protective supervision" means a legal status created by court order, following an 
adjudication on the ground of abuse, neglect, or dependency, whereby:
(a)
the minor is permitted to remain in the minor's home; and
(b)
supervision and assistance to correct the abuse, neglect, or dependency is provided 
by an agency designated by the juvenile court.
(69)
(a)
"Related condition" means a condition that:
(i)
is found to be closely related to intellectual disability;
(ii)
results in impairment of general intellectual functioning or adaptive behavior 
similar to that of an intellectually disabled individual;
(iii)
is likely to continue indefinitely; and
(iv)
constitutes a substantial limitation to the individual's ability to function in society.
(b)
"Related condition" does not include mental illness, psychiatric impairment, or 
serious emotional or behavioral disturbance.
(70)
(a)
"Residual parental rights and duties" means the rights and duties remaining with 
a 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" includes the 
right to consent to:
(i)
marriage;
(ii)
enlistment; and
(iii)
major medical, surgical, or psychiatric treatment.
(71)
"Runaway" means a child, other than an emancipated child, who willfully leaves the 
home of the child's parent or guardian, or the lawfully prescribed residence of the child, 
without permission.
(72)
"Secure care" means placement of a minor, who is committed to the Division of 
Juvenile Justice and Youth Services for rehabilitation, in a facility operated by, or under 
contract with, the Division of Juvenile Justice and Youth Services, that provides 24-hour 
supervision and confinement of the minor.
(73)
"Secure care facility" means a facility, established in accordance with Section 
80-5-503
, 
for juvenile offenders in secure care.
(74)
"Secure detention" means temporary care of a minor who requires secure custody in a 
physically restricting facility operated by, or under contract with, the Division of 
Juvenile Justice and Youth Services:
(a)
before disposition of an offense that is alleged to have been committed by the minor; 
or
(b)
under Section 
80-6-704
.
(75)
"Serious youth offender" means an individual who:
(a)
is at least 14 years old, but under 25 years old;
(b)
committed a felony listed in Subsection 
80-6-503
(1) and the continuing jurisdiction 
of the juvenile court was extended over the individual's case until the individual was 
25 years old in accordance with Section 
80-6-605
; and
(c)
is committed by the juvenile court to the Division of Juvenile Justice and Youth 
Services for secure care under Sections 
80-6-703
 and 
80-6-705
.
(76)
"Severe abuse" means abuse that causes or threatens to cause serious harm to a child.
(77)
"Severe neglect" means neglect that causes or threatens to cause serious harm to a 
child.
(78)
(a)
"Severe type of child abuse or neglect" means, except as provided in Subsection 
(78)(b):
(i)
if committed by an individual who is 18 years old or older:
(A)
chronic abuse;
(B)
severe abuse;
(C)
sexual abuse;
(D)
sexual exploitation;
(E)
abandonment;
(F)
chronic neglect; or
(G)
severe neglect; or
(ii)
if committed by an individual who is under 18 years old:
(A)
causing serious physical injury, as defined in Subsection 
76-5-109
(1), to 
another child that indicates a significant risk to other children; or
(B)
sexual behavior with or upon another child that indicates a significant risk to 
other children.
(b)
"Severe type of child abuse or neglect" does not include:
(i)
the use of reasonable and necessary physical restraint by an educator in 
accordance with Subsection 
53G-8-302
(2) or Section 
76-2-401
;
(ii)
an individual's conduct that is justified under Section 
76-2-401
 or constitutes the 
use of reasonable and necessary physical restraint or force in self-defense or 
otherwise appropriate to the circumstances to obtain possession of a weapon or 
other dangerous object in the possession or under the control of a child or to 
protect the child or another individual from physical injury; or
(iii)
a health care decision made for a child by a child's parent or guardian, unless, 
subject to Subsection (78)(c), the state or other party to the proceeding shows, by 
clear and convincing evidence, that the health care decision is not reasonable and 
informed.
(c)
Subsection (78)(b)(iii) does not prohibit a parent or guardian from exercising the 
right to obtain a second health care opinion.
(79)
"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 (39), including siblings by 
marriage while the marriage exists or by adoption;
(iii)
there have been repeated incidents of sexual contact between the two children, 
unless the children are 14 years old or older; or
(iv)
there is a disparity in chronological age of four or more years between the two 
children;
(c)
engaging in any conduct with a child that would constitute an offense under any of 
the following, regardless of whether the individual 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
; or
(d)
subjecting a child to participate in or threatening to subject a child to participate in a 
sexual relationship, regardless of whether that sexual relationship is part of a legal or 
cultural marriage.
(80)
"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 individual; 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 individual; 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, or Section 
76-5b-201.1
, aggravated sexual 
exploitation of a minor, regardless of whether the individual who engages in the 
conduct is actually charged with, or convicted of, the offense.
(81)
"Shelter" means the temporary care of a child in a physically unrestricted facility 
pending a disposition or transfer to another jurisdiction.
(82)
"Shelter facility" means a nonsecure facility that provides shelter for a minor.
(83)
"Significant risk" means a risk of harm that is determined to be significant in 
accordance with risk assessment tools and rules established by the Division of Child and 
Family Services in accordance with Title 63G, Chapter 3, Utah Administrative 
Rulemaking Act, that focus on:
(a)
age;
(b)
social factors;
(c)
emotional factors;
(d)
sexual factors;
(e)
intellectual factors;
(f)
family risk factors; and
(g)
other related considerations.
(84)
"Single criminal episode" means the same as that term is defined in Section 
76-1-401
.
(85)
"Status offense" means an offense that would not be an offense but for the age of the 
offender.
(86)
"Substance abuse" means, except as provided in Section 
80-2-603
, the misuse or 
excessive use of alcohol or other drugs or substances.
(87)
"Substantiated" or "substantiation" means a judicial finding based on a preponderance 
of the evidence, and separate consideration of each allegation made or identified in the 
case, that abuse, neglect, or dependency occurred
.
(88)
"Substitute care" means:
(a)
the placement of a minor in a family home, group care facility, or other placement 
outside the minor's own home, either at the request of a parent or other responsible 
relative, or upon court order, when it is determined that continuation of care in the 
minor's own home would be contrary to the minor's welfare;
(b)
services provided for a minor in the protective custody of the Division of Child and 
Family Services, or a minor in the temporary custody or custody of the Division of 
Child and Family Services, as those terms are defined in Section 
80-2-102
; or
(c)
the licensing and supervision of a substitute care facility.
(89)
"Supported" means a finding by the Division of Child and Family Services based on 
the evidence available at the completion of an investigation, and separate consideration 
of each allegation made or identified during the investigation, that there is a reasonable 
basis to conclude that abuse, neglect, or dependency occurred.
(90)
"Termination of parental rights" means the permanent elimination of all parental rights 
and duties, including residual parental rights and duties, by court order.
(91)
"Therapist" means:
(a)
an individual employed by a state division or agency for the purpose of conducting 
psychological treatment and counseling of a minor in the division's or agency's 
custody; or
(b)
any other individual licensed or approved by the state for the purpose of conducting 
psychological treatment and counseling.
(92)
"Threatened harm" means actions, inactions, or credible verbal threats, indicating that 
the child is at an unreasonable risk of harm or neglect.
(93)
"Ungovernable" means a child in conflict with a parent or guardian, and the conflict:
(a)
results in behavior that is beyond the control or ability of the child, or the parent or 
guardian, to manage effectively;
(b)
poses a threat to the safety or well-being of the child, the child's family, or others; or
(c)
results in the situations described in Subsections (93)(a) and (b).
(94)
"Unsubstantiated" means a judicial finding that there is insufficient evidence to 
conclude that abuse, neglect, or dependency occurred.
(95)
"Unsupported" means a finding by the Division of Child and Family Services at the 
completion of an investigation, after the day on which the Division of Child and Family 
Services concludes the alleged abuse, neglect, or dependency is not without merit, that 
there is insufficient evidence to conclude that abuse, neglect, or dependency occurred.
(96)
"Validated risk and needs assessment" means an evidence-based tool that assesses a 
minor's risk of reoffending and a minor's criminogenic needs.
(97)
"Without merit" means a finding at the completion of an investigation by the Division 
of Child and Family Services, or a judicial finding, that the alleged abuse, neglect, or 
dependency did not occur, or that the alleged perpetrator was not responsible for the 
abuse, neglect, or dependency.
(98)
"Youth offender" means an individual who is:
(a)
at least 12 years old, but under 21 years old; and
(b)
committed by the juvenile court to the Division of Juvenile Justice and Youth 
Services for secure care under Sections 
80-6-703
 and 
80-6-705
.
Section 52, Section 
80-2-503.5
 is amended to read:
80-2-503.5
. Psychotropic medication oversight program -- Behavioral health 
service rates.
(1)
As used in this section:
(a)
"Advanced practice registered nurse" means an individual licensed to practice as an 
advanced practice registered nurse in this state under Title 58, Chapter 31b, Nurse 
Practice Act.
(b)
"Division" means the Division of Integrated Healthcare created in Section 
26B-1-204
.
(c)
"HIPAA" means 45 C.F.R. Parts 160, 162, and 164, Health Insurance Portability and 
Accountability Act of 1996, as amended.
(d)
"Physician assistant" means an individual licensed to practice as a physician assistant 
in this state under Title 58, Chapter 70a, Utah Physician Assistant Act.
(e)
"Psychotropic medication" means medication prescribed to affect or alter thought 
processes, mood, or behavior, including antipsychotic, antidepressant, anxiolytic, or 
behavior medication.
(f)
"Qualifying minor" means a minor committed to the Division of Juvenile Justice and 
Youth Services under Section 
80-6-703
.
(2)
The division shall, through contract with the University of Utah or another qualified 
third party, operate a psychotropic medication oversight program for children in foster 
care and qualifying minors to ensure that each foster child and qualifying minor is 
prescribed psychotropic medication consistent with the foster child's or qualifying 
minor's needs and consistent with clinical best practices.
(3)
The division shall operate an oversight team to manage the psychotropic medication 
oversight program, composed of at least the following individuals:
(a)
a physician assistant with pediatric mental health experience, or an advanced practice 
registered nurse with pediatric mental health experience, contracted with the division; 
(b)
a child psychiatrist contracted with the division;
(c)
a data analyst contracted with the division; and
(d)
an individual with care coordination experience.
(4)
The oversight team shall monitor foster children and qualifying minors:
(a)
six years old or younger who are being prescribed one or more psychotropic 
medications; 
(b)
seven years old or older who are being prescribed two or more psychotropic 
medications; and
(c)
who are prescribed one or more antipsychotic medications.
(5)
The division shall establish a business associate agreement with the oversight team by 
which the oversight team shall, upon request, be given information or records related to 
the foster child's or qualifying minor's health care history, including psychotropic 
medication history and mental and behavioral health history, from:
(a)
the division's Medicaid pharmacy program;
(b)
the department's written and electronic records and databases;
(c)
the foster child's current or past caseworker, or the qualifying minor's current or past 
case manager;
(d)
the foster child or qualifying minor; or
(e)
the foster child's or qualifying minor's:
(i)
current or past health care provider;
(ii)
natural 
parents; or
(iii)
foster parents.
(6)
The oversight team may review and monitor the following information about a foster 
child or qualifying minor:
(a)
the foster child's or qualifying minor's history;
(b)
the foster child's or qualifying minor's health care, including psychotropic 
medication history and mental or behavioral health history;
(c)
whether there are less invasive treatment options available to meet the foster child's 
or qualifying minor's needs;
(d)
the dosage or dosage range and appropriateness of the foster child's or qualifying 
minor's psychotropic medication;
(e)
the short-term or long-term risks associated with the use of the foster child's or 
qualifying minor's psychotropic medication; or
(f)
the reported benefits of the foster child's or qualifying minor's psychotropic 
medication.
(7)
(a)
On at least a quarterly basis, the oversight team shall:
(i)
review the medical and mental or behavioral health history for each foster child 
and qualifying minor overseen by the program;
(ii)
based on the review under Subsection (7)(a)(i), document the oversight team's 
findings and recommendations; and
(iii)
make written recommendations concerning the foster child's or qualifying 
minor's psychotropic medication and the foster child's or qualifying minor's 
mental or behavioral health, including any recommendation for psychotherapy 
treatment.
(b)
The oversight team's recommendations described in Subsection (7)(a) shall be 
provided to the foster child's current caseworker or the qualifying minor's current 
case manager, the foster child's or qualifying minor's parent or guardian, and the 
foster child's or qualifying minor's current health care providers, in accordance with 
rules adopted pursuant to Subsection (8) and in compliance with HIPAA and other 
relevant state and federal privacy laws.
(c)
The member of the oversight team described in Subsection (3)(d) shall:
(i)
provide the recommendations described in Subsection (7)(a) in writing and 
verbally, or as otherwise provided in rules adopted pursuant to Subsection (8), to 
the foster child's or qualifying minor's current health care providers; and
(ii)
on at least a semiannual basis, follow up with the foster child's or qualifying 
minor's current health care providers to document whether recommendations 
made by the oversight team have been implemented.
(d)
A foster child's caseworker or qualifying minor's case manager shall maintain a 
confidential record of recommendations provided under Subsection (7)(b).
(8)
The division may adopt administrative rules in accordance with Title 63G, Chapter 3, 
Utah Administrative Rulemaking Act, necessary to administer this section, including the 
rules described in Subsection (7)(b).
(9)
The division shall report regarding the psychotropic medication oversight program:
(a)
to the Child Welfare Legislative Oversight Panel by October 1 of each even 
numbered year; and
(b)
orally to the Health and Human Services Interim Committee, at least once every two 
years at or before the October interim meeting.
(10)
The oversight team shall report:
(a)
quarterly to the division regarding the number of foster children and qualifying 
minors reviewed and the number of recommendations made; and
(b)
annually to the division regarding outcomes for foster children and qualifying minors 
overseen by the program.
(11)
Beginning on July 1, 2024, the department shall pay for outpatient behavioral health 
services for children in foster care and qualifying minors at a rate no lower than the 
standard Medicaid fee schedule.
Section 53, Section 
80-2-702
 is amended to read:
80-2-702
. Division post-removal investigation -- Supported or unsupported 
reports -- Convening of child protection team -- Cooperation with law enforcement -- 
Close of investigation.
(1)
If a child is taken into protective custody in accordance with Section 
80-2a-202
 or 
80-3-204
 or the division takes any other action that requires a shelter hearing under 
Subsection 
80-3-301(1)
, the division shall immediately initiate an investigation of:
(a)
the circumstances of the child; and
(b)
the grounds upon which the decision to place the child into protective custody was 
made.
(2)
The division's investigation under Subsection 
(1)
 shall conform to reasonable 
professional standards and include:
(a)
a search for and review of any records of past reports of abuse or neglect involving:
(i)
the same child;
(ii)
any sibling or other child residing in the same household as the child; and
(iii)
the alleged perpetrator;
(b)
with regard to a child who is five years old or older, a personal interview with the 
child:
(i)
outside of the presence of the alleged perpetrator; and
(ii)
conducted in accordance with the requirements of Section 
80-2-704
;
(c)
if a parent or guardian is located, an interview with at least one of the child's parents 
or guardian;
(d)
an interview with the person who reported the abuse, unless the report was made 
anonymously;
(e)
if possible and appropriate, interviews with other third parties who have had direct 
contact with the child, including:
(i)
school personnel; and
(ii)
the child's health care provider;
(f)
an unscheduled visit to the child's home, unless:
(i)
there is a reasonable basis to believe that the reported abuse was committed by a 
person who:
(A)
is not the child's parent; and
(B)
does not live in the child's home or otherwise have access to the child in the 
child's home; or
(ii)
an unscheduled visit is not necessary to obtain evidence for the investigation; and
(g)
if appropriate and indicated in any case alleging physical injury, sexual abuse, or 
failure to meet the child's medical needs, a medical examination, obtained no later 
than 24 hours after the child is placed in protective custody.
(3)
The division may rely on a written report of a prior interview rather than conducting an 
additional interview under Subsection 
(2)
, if:
(a)
law enforcement:
(i)
previously conducted a timely and thorough investigation regarding the alleged 
abuse, neglect, or dependency; and
(ii)
produced a written report;
(b)
the investigation described in Subsection 
(3)(a)(i)
 included one or more of the 
interviews described in Subsection 
(2)
; and
(c)
the division finds that an additional interview is not in the best interest of the child.
(4)
(a)
(i)
The division shall:
(A)
make a determination after the division's investigation under Subsection 
(1)
regarding whether the report is supported, unsupported, or without merit; and
(B)
base the determination on the facts of the case at the time the report is made.
(ii)
The division's determination of whether a report is supported or unsupported may 
be based on the child's statements alone.
(b)
The division may not:
(i)
use the inability to identify or locate the perpetrator as a basis for:
(A)
determining that a report is unsupported; or
(B)
closing the case; or
(ii)
determine a case is unsupported or identify a case as unsupported solely because 
the perpetrator is an out-of-home perpetrator.
(5)
The division shall maintain protective custody of the child if the division finds that one 
or more of the following conditions exist:
(a)
the child does not have a 
natural 
parent, guardian, or responsible relative who is 
able and willing to provide safe and appropriate care for the child;
(b)
(i)
shelter of the child is a matter of necessity for the protection of the child; and
(ii)
there are no reasonable means by which the child can be protected in:
(A)
the child's home; or
(B)
the home of a responsible relative;
(c)
there is substantial evidence that the parent or guardian is likely to flee the 
jurisdiction of the juvenile court; or
(d)
the child has left a previously court ordered placement.
(6)
Within 24 hours after receipt of a child into protective custody, excluding weekends and 
holidays, the division shall:
(a)
convene a child protection team in accordance with Section 
80-2-706
; and
(b)
prepare the testimony and evidence that will be required of the division at the shelter 
hearing, in accordance with Section 
80-3-301
.
(7)
The division shall cooperate with a law enforcement investigation and with the 
members of a child protection team, if applicable, regarding the alleged perpetrator.
(8)
The division may not close an investigation solely on the grounds that the division is 
unable to locate the child until all reasonable efforts have been made to locate the child 
and family members including:
(a)
visiting the home at times other than normal work hours;
(b)
contacting local schools;
(c)
contacting local, county, and state law enforcement agencies; and
(d)
checking public assistance records.
Section 54, Section 
80-2-802
 is amended to read:
80-2-802
. Division child placing and adoption services -- Restrictions on 
placement of a child.
(1)
Except as provided in Subsection 
(3)
, the division may provide adoption services and, 
as a licensed child-placing agency under 
Title 26B, Chapter 2, Part 1, Human Services 
Programs and Facilities
, engage in child placing in accordance with this chapter, 
Chapter 
2a, Removal and Protective Custody of a Child
, 
Chapter 3, Abuse, Neglect, and 
Dependency Proceedings
, and 
Chapter 4, Termination and Restoration of Parental Rights
.
(2)
The division shall base the division's decision for placement of an adoptable child for 
adoption on the best interest of the adoptable child.
(3)
The division may not:
(a)
in accordance with Subsection 
26B-2-127(6)
, place a child for adoption, either 
temporarily or permanently, with an individual who does not qualify for adoptive 
placement under Sections 
78B-6-102
, 
78B-6-117
, and 
78B-6-137
81-13-202
, 
81-13-203
, and 
81-13-402
;
(b)
consider a potential adoptive parent's willingness or unwillingness to enter a 
postadoption contact agreement under Section 
78B-6-146
81-13-216
 as a condition 
of placing a child with a potential adoptive parent; or
(c)
except as required under the Indian Child Welfare Act, 25 U.S.C. Secs. 1901 through 
1963, base the division's decision for placement of an adoptable child on the race, 
color, ethnicity, or national origin of either the child or the potential adoptive parent.
(4)
The division shall establish a rule in accordance with 
Title 63G, Chapter 3, Utah 
Administrative Rulemaking Act
, providing that, subject to Subsection 
(3)
 and Section 
78B-6-117
81-13-402
, priority of placement shall be provided to a family in which a 
couple is legally married under the laws of the state.
(5)
Subsections 
(3)
 and 
(4)
 do not limit the placement of a child with the child's 
biological 
or adoptive parent, a relative,
parent or relative
 or in accordance with the Indian Child 
Welfare Act, 25 U.S.C. Sec. 1901 et seq.
Section 55, Section 
80-2-803
 is amended to read:
80-2-803
. Division promotion of adoption -- Adoption research and 
informational pamphlet.
The division shall:
(1)
actively promote the adoption of all children in the division's custody who have a final 
plan for termination of parental rights under Section 
80-3-409
 or a primary permanency 
plan of adoption;
(2)
develop plans for the effective use of cross-jurisdictional resources to facilitate timely 
adoptive or permanent placements for waiting children;
(3)
obtain information or conduct research regarding prior adoptive families to determine 
what families may do to be successful with an adoptive child;
(4)
make the information or research described in Subsection 
(3)
 available to potential 
adoptive parents;
(5)
prepare a pamphlet that explains the information that a child-placing agency is required 
to provide a potential adoptive parent under Section 
78B-24-303
81-14-303
;
(6)
regularly distribute copies of the pamphlet described in Subsection 
(5)
 to child-placing 
agencies; and
(7)
respond to an inquiry made as a result of the notice provided by a child-placing agency 
under Section 
78B-24-303
81-14-303
.
Section 56, Section 
80-2-906
 is amended to read:
80-2-906
. Financial responsibility for child placed under Interstate Compact.
(1)
Financial responsibility for a child placed under the provisions of the Interstate Compact 
on the Placement of Children shall, in the first instance, be determined in accordance 
with the provisions of Article V of the compact. 
(2)
In the event of partial or complete default of performance under the compact, the 
provisions of Title 81, Chapter 6, Child Support,
 and Title 81, Chapter 7, Payment and 
Enforcement of Spousal and Child Support,
 may also be invoked.
Section 57, Section 
80-2-909
 is amended to read:
80-2-909
. Existing authority for child placement continues.
Any person who, under any law of this state other than this part or the Interstate 
Compact on the Placement of Children established under Section 
80-2-905
, has authority to 
make or assist in making the placement of a child, shall continue to have the ability lawfully to 
make or assist in making that placement, and the provisions of Sections 
26B-2-127
, 
26B-2-131
, 
26B-2-132
, and 
26B-2-708
, Subsections 
80-2-802
(3)(a) and (4) and 
80-2-803
(1), (2), and (5) 
through (7), and 
Title 78B, Chapter 6, Part 1, Utah Adoption Act
Title 81, Chapter 13, 
Adoption
, continue to apply.
Section 58, Section 
80-2-1005
 is amended to read:
80-2-1005
. Classification of reports of alleged abuse or neglect -- Confidential 
identity of a person who reports -- Access -- Admitting reports into evidence -- Unlawful 
release and use -- Penalty.
(1)
Except as otherwise provided in this chapter or 
Chapter 2a, Removal and Protective 
Custody of a Child
, a report made under 
Part 6, Child Abuse and Neglect Reports
, and 
any other information in the possession of the division obtained as a result of the report 
is a private, protected, or controlled record under 
Title 63G, Chapter 2, Government 
Records Access and Management Act
, and may only be made available to:
(a)
a police or law enforcement agency investigating a report of known or suspected 
abuse or neglect, including members of a child protection team;
(b)
a physician who reasonably believes that a child may be the subject of abuse or 
neglect;
(c)
an agency that has responsibility or authority to care for, treat, or supervise a minor 
who is the subject of a report;
(d)
a contract provider that has a written contract with the division to render services to a 
minor who is the subject of a report;
(e)
the subject of the report, the 
natural 
parents of the child, and the guardian ad litem;
(f)
a court, upon a finding that access to the records may be necessary for the 
determination of an issue before the court, provided that in a divorce, custody, or 
related proceeding between private parties, the record alone is:
(i)
limited to objective or undisputed facts that were verified at the time of the 
investigation; and
(ii)
devoid of conclusions drawn by the division or any of the division's workers on 
the ultimate issue of whether or not an individual's acts or omissions constituted 
any level of abuse or neglect of another individual;
(g)
an office of the public prosecutor or the public prosecutor's deputies in performing an 
official duty;
(h)
a person authorized by a Children's Justice Center, for the purposes described in 
Section 
67-5b-102
;
(i)
a person engaged in bona fide research, when approved by the director of the 
division, if the information does not include names and addresses;
(j)
the State Board of Education, acting on behalf of itself or on behalf of a local 
education agency, as defined in Section 
63J-5-102
, for the purpose of evaluating 
whether an individual should be permitted to obtain or retain a license as an educator 
or serve as an employee or volunteer in a school, limited to information with 
substantiated or supported findings involving an alleged sexual offense, an alleged 
felony or class A misdemeanor drug offense, or any alleged offense against the 
person under 
Title 76, Chapter 5, Offenses Against the Individual
, and with the 
understanding that the office must provide the subject of a report received under 
Subsection 
(1)(k)
 with an opportunity to respond to the report before making a 
decision concerning licensure or employment;
(k)
any individual identified in the report as a perpetrator or possible perpetrator of 
abuse or neglect, after being advised of the screening prohibition in Subsection 
(2)
;
(l)
a person filing a petition for a child protective order on behalf of a child who is the 
subject of the report;
(m)
a licensed child-placing agency or person who is performing a preplacement 
adoptive evaluation in accordance with the requirements of Sections 
78B-6-128
 and 
78B-6-130
81-13-403
 and 
81-13-405
;
(n)
an Indian tribe to:
(i)
certify or license a foster home;
(ii)
render services to a subject of a report; or
(iii)
investigate an allegation of abuse, neglect, or dependency; or
(o)
the department or a local substance abuse authority, described in Section 
17-43-201
, 
for the purpose of providing substance abuse treatment to a pregnant woman or a 
parent of a newborn child, or the services described in Subsection 
26B-5-211(2)(p)
26B-5-102(2)(p)
.
(2)
In accordance with Section 
80-2-608
 and except as provided in Section 
80-2-611
, the 
division and a law enforcement agency shall ensure the anonymity of the person who 
makes the initial report under 
Part 6, Child Abuse and Neglect Reports
, and any other 
person involved in the division's or law enforcement agency's subsequent investigation 
of the report.
(3)
Notwithstanding any other provision of law, excluding Section 
80-3-107
, but including 
this chapter, 
Chapter 2a, Removal and Protective Custody of a Child
, and 
Title 63G, 
Chapter 2, Government Records Access and Management Act
, if the division makes a 
report or other information in the division's possession available under Subsection 
(1)(e)
to a subject of the report or a parent of a child, the division shall remove from the report 
or other information only the names, addresses, and telephone numbers of individuals or 
specific information that could:
(a)
identify the referent;
(b)
impede a criminal investigation; or
(c)
endanger an individual's safety.
(4)
A child-placing agency or person who receives a report from the division under 
Subsection 
(1)(m)
 may provide the report to:
(a)
the subject of the report;
(b)
a person who is performing a preplacement adoptive evaluation in accordance with 
Sections 
78B-6-128
 and 
78B-6-130
81-13-403
 and 
81-13-405
;
(c)
to a licensed child-placing agency; or
(d)
an attorney seeking to facilitate an adoption.
(5)
A member of a child protection team may, before the day on which the child is 
removed, share case-specific information obtained from the division under this section 
with other members of the child protection team.
(6)
(a)
Except as provided in Subsection 
(6)(b)
, in a divorce, custody, or related 
proceeding between private parties, a court may not receive into evidence a report 
that:
(i)
is provided to the court:
(A)
under Subsection 
(1)(f)
; or
(B)
by a parent of the child after the record is made available to the parent under 
Subsection 
(1)(e)
;
(ii)
describes a parent of the child as the alleged perpetrator; and
(iii)
is found to be unsubstantiated, unsupported, or without merit.
(b)
(i)
After a motion to admit the report described in Subsection 
(6)(a)
 is made, the 
court shall allow sufficient time for all subjects of the record to respond before 
making a finding on the motion.
(ii)
After considering the motion described in Subsection 
(6)(b)(i)
, the court may 
receive the report into evidence upon a finding on the record of good cause.
(7)
(a)
A person may not:
(i)
willfully permit, or aid and abet, the release of data or information in the 
possession of the division or contained in the Management Information System in 
violation of this part or 
Part 6, Child Abuse and Neglect Reports
; or
(ii)
if the person is not listed in Subsection 
(1)
, request another person to obtain or 
release a report or other information that the other person obtained under 
Subsection 
(1)(k)
 to screen for potential perpetrators of abuse or neglect.
(b)
A person who violates Subsection 
(7)(a)(i)
, or violates Subsection 
(7)(a)(ii)
 knowing 
the person's actions are a violation of Subsection 
(7)(a)(ii)
, is guilty of a class C 
misdemeanor.
Section 59, Section 
80-2a-101
 is amended to read:
80-2a-101
. Definitions.
(1)
"Custody" means the same as that term is defined in Section 
80-2-102
.
(2)
"Division" means the Division of Child and Family Services created in Section 
80-2-201
.
(3)
"Friend" means an adult who:
(a)
has an established relationship with the child or a family member of the child; and
(b)
is not the 
natural 
parent of the child.
(4)
"Nonrelative" means an individual who is not a noncustodial parent or relative.
(5)
"Relative" means an adult who:
(a)
is the child's grandparent, great grandparent, aunt, great aunt, uncle, great uncle, 
brother-in-law, sister-in-law, stepparent, first cousin, stepsibling, or sibling;
(b)
is the first cousin of the child's parent;
(c)
is a permanent guardian or 
natural 
parent of the child's sibling; or
(d)
in the case of a child who is an Indian child, is an extended family member as 
defined in the Indian Child Welfare Act, 25 U.S.C. Sec. 1903.
(6)
"Sibling" means the same as that term is defined in Section 
80-2-102
.
(7)
"Temporary custody" means the same as that term is defined in Section 
80-2-102
.
Section 60, Section 
80-2a-201
 is amended to read:
80-2a-201
. Rights of parents -- Children's rights -- Interest and responsibility of 
state.
(1)
(a)
Under both the United States Constitution and the constitution of this state, a 
parent possesses a fundamental liberty interest in the care, custody, and management 
of the parent's children. A fundamentally fair process must be provided to parents if 
the state moves to challenge or interfere with parental rights. A governmental entity 
must support any actions or allegations made in opposition to the rights and desires 
of a parent regarding the parent's child by sufficient evidence to satisfy a parent's 
constitutional entitlement to heightened protection against government interference 
with the parent's fundamental rights and liberty interests and, concomitantly, the right 
of the child to be reared by the child's 
natural 
parent.
(b)
The fundamental liberty interest of a parent concerning the care, custody, and 
management of the parent's child is recognized, protected, and does not cease to exist 
simply because a parent may fail to be a model parent or because the parent's child is 
placed in the temporary custody of the state. At all times, a parent retains a vital 
interest in preventing the irretrievable destruction of family life. Before an 
adjudication of unfitness, government action in relation to a parent and the parent's 
child may not exceed the least restrictive means or alternatives available to 
accomplish a compelling state interest. Until the state proves parental unfitness, and 
the child suffers, or is substantially likely to suffer, serious detriment as a result, the 
child and the child's parent share a vital interest in preventing erroneous termination 
of their natural relationship and the state cannot presume that a child and the child's 
parent are adversaries.
(c)
It is in the best interest and welfare of a child to be raised under the care and 
supervision of the child's 
natural 
parents. A child's need for a normal family life in a 
permanent home, and for positive, nurturing family relationships is usually best met 
by the child's 
natural 
parents. Additionally, the integrity of the family unit and the 
right of a parent to conceive and raise the parent's child are constitutionally protected. 
The right of a fit, competent parent to raise the parent's child without undue 
government interference is a fundamental liberty interest that has long been protected 
by the laws and Constitution and is a fundamental public policy of this state.
(d)
The state recognizes that:
(i)
a parent has the right, obligation, responsibility, and authority to raise, manage, 
train, educate, provide and care for, and reasonably discipline the parent's child; 
and
(ii)
the state's role is secondary and supportive to the primary role of a parent.
(e)
It is the public policy of this state that:
(i)
a parent retains the fundamental right and duty to exercise primary control over 
the care, supervision, upbringing, and education of the parent's child;
(ii)
a parent retains the right to have contact with the parent's child when the child is 
placed outside of the parent's home, and parent-time should be ordered by a court 
so long as the contact is not contrary to the best interest of the child; and
(iii)
a child has the right to have contact with the child's sibling when the child is 
placed outside of the home and apart from the child's sibling, and sibling visits 
should be ordered by a court unless the contact would be contrary to the safety or 
well-being of the child.
(f)
Subsections 
(2)
 through 
(7)
 shall be interpreted and applied consistent with this 
Subsection 
(1)
.
(2)
It is also the public policy of this state that children have the right to protection from 
abuse and neglect, and that the state retains a compelling interest in investigating, 
prosecuting, and punishing abuse and neglect. Therefore, the state, as parens patriae, has 
an interest in and responsibility to protect a child whose parent abuses the child or does 
not adequately provide for the child's welfare. There may be circumstances where a 
parent's conduct or condition is a substantial departure from the norm and the parent is 
unable or unwilling to render safe and proper parental care and protection. Under those 
circumstances, the state may take action for the welfare and protection of the parent's 
child.
(3)
When the division intervenes on behalf of an abused, neglected, or dependent child, the 
division shall take into account the child's need for protection from immediate harm and 
the extent to which the child's extended family may provide needed protection. 
Throughout the division's involvement, the division shall utilize the least intrusive and 
least restrictive means available to protect a child, in an effort to ensure that children are 
brought up in stable, permanent families, rather than in temporary foster placements 
under the supervision of the state.
(4)
If circumstances within the family pose a threat to the child's immediate safety or 
welfare, the division may seek custody of the child for a planned, temporary period and 
place the child in a safe environment, subject to the requirements of this section and in 
accordance with 
Chapter 3, Abuse, Neglect, and Dependency Proceedings
, and when 
safe and appropriate, return the child to the child's parent or as a last resort, pursue 
another permanency plan.
(5)
In determining and making reasonable efforts with regard to a child, under Section 
80-2a-302
, both the division's and the juvenile court's paramount concern shall be the 
child's health, safety, and welfare. The desires of a parent for the parent's child, and the 
constitutionally protected rights of a parent, as described in this section, shall be given 
full and serious consideration by the division and the juvenile court.
(6)
In accordance with Subsections 
80-2a-302(4)
 and 
80-3-301(12)
, in cases where sexual 
abuse, sexual exploitation, abandonment, severe abuse, or severe neglect are involved, 
the state has no duty to make reasonable efforts or to, in any other way, attempt to 
maintain a child in the child's home, provide reunification services, or rehabilitate the 
offending parent or parents. This Subsection 
(6)
 does not exempt the division from 
providing court-ordered services.
(7)
(a)
In accordance with Subsection 
(1)
, the division shall strive to achieve appropriate 
permanency for children who are abused, neglected, or dependent. The division shall 
provide in-home services, if appropriate and safe, in an effort to help a parent to 
correct the behavior that resulted in abuse, neglect, or dependency of the parent's 
child. The division may pursue a foster placement only if in-home services fail or are 
otherwise insufficient or inappropriate, kinship placement is not safe or appropriate, 
or in-home services and kinship placement fail and cannot be corrected. The division 
shall also seek qualified extended family support or a kinship placement to maintain a 
sense of security and stability for the child.
(b)
If the use or continuation of reasonable efforts, as described in Subsections 
(5)
 and 
(6)
, is determined to be inconsistent with the permanency plan for a child, then 
measures shall be taken, in a timely manner, to place the child in accordance with the 
permanency plan, and to complete whatever steps are necessary to finalize the 
permanent placement of the child.
(c)
Subject to the parental rights recognized and protected under this section, if, because 
of a parent's conduct or condition, the parent is determined to be unfit or incompetent 
based on the grounds for termination of parental rights described in 
Chapter 4, 
Termination and Restoration of Parental Rights
, the continuing welfare and best 
interest of the child is of paramount importance, and shall be protected in 
determining whether that parent's rights should be terminated.
(8)
The state's right to direct or intervene in the provision of medical or mental health care 
for a child is subject to Subsections 
80-1-102(58)(b)(i)
80-1-102(57)(b)(i)
 through 
(iii)
and Sections 
80-3-109
 and 
80-3-304
.
Section 61, Section 
80-2a-304
 is amended to read:
80-2a-304
. Removal of a child from foster family placement -- Procedural due 
process.
(1)
(a)
The Legislature finds that, except with regard to a child's 
natural 
parent or 
guardian, a foster family has a very limited but recognized interest in the foster 
family's familial relationship with a foster child who has been in the care and custody 
of the foster family and 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 before removal of a foster child from the 
foster family's home, regardless of the length of time the child has been in the foster 
family's home, unless removal is for the purpose of:
(i)
returning the child to the child's 
natural 
parent or guardian;
(ii)
immediately placing the child in an approved adoptive home;
(iii)
placing the child with a relative who obtained custody or asserted an interest in 
the child within the preference period described in Subsection 
80-3-302(7)
; or
(iv)
placing an Indian child in accordance with placement 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)
The procedures described in Subsection 
(2)(a)
 shall include requirements for:
(i)
personal communication with, and a written explanation of the reasons for the 
removal to, the foster parents before removal of the child; and
(ii)
an opportunity for foster parents to:
(A)
present the foster parents' information and concerns to the division; and
(B)
request a review, to be held before removal of the child, by a third party 
neutral fact finder or if the child is 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 
the juvenile court judge currently assigned to the child's case or, 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, the division shall place the child in emergency foster care during the pendency 
of the procedures described in this Subsection 
(2)
, instead of making another foster 
care placement.
(3)
(a)
If the division removes a child from a foster home based on the child's statement 
alone, the division shall initiate and expedite the processes described in Subsection 
(2)
.
(b)
The division may not take formal action with regard to the foster parent's license 
until after the processes described in Subsection 
(2)
, in addition to any other 
procedure or hearing required by law, are completed.
(4)
If a complaint is made to the division by a foster child against a foster parent, the 
division shall, within 30 business days after the day on which the complaint is received, 
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)
If the division places a child in a foster home, the division 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 under Subsection 
(2)
and how to access the procedures; 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, subject to Section 
80-3-502
, 
has been in the foster parents' custody for 12 months or longer.
(6)
This section does not apply to the removal of a child based on a foster parent's request 
for the 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 is 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 of the 
child on the basis of the age or health of the foster parent without determining:
(a)
by 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)
by 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 62, Section 
80-3-102
 is amended to read:
80-3-102
. Definitions.
As used in this chapter:
(1)
"Abuse, neglect, or dependency petition" means a petition filed in accordance with this 
chapter to commence proceedings in a juvenile court alleging that a child is:
(a)
abused;
(b)
neglected; or
(c)
dependent.
(2)
"Custody" means the same as that term is defined in Section 
80-2-102
.
(3)
"Division" means the Division of Child and Family Services created in Section 
80-2-201
.
(4)
"Friend" means an adult who:
(a)
has an established relationship with the child or a family member of the child; and
(b)
is not the 
natural 
parent of the child.
(5)
"Immediate family member" means a spouse, child, parent, sibling, grandparent, or 
grandchild.
(6)
"Relative" means an adult who:
(a)
is the child's grandparent, great grandparent, aunt, great aunt, uncle, great uncle, 
brother-in-law, sister-in-law, stepparent, first cousin, stepsibling, or sibling;
(b)
is a first cousin of the child's parent;
(c)
is a permanent guardian or 
natural 
parent of the child's sibling; or
(d)
in the case of a child who is an Indian child, is an extended family member as 
defined in the Indian Child Welfare Act, 25 U.S.C. Sec. 1903.
(7)
"Sibling" means the same as that term is defined in Section 
80-2-102
.
(8)
"Sibling visitation" means the same as that term is defined in Section 
80-2-102
.
(9)
"Temporary custody" means the same as that term is defined in Section 
80-2-102
.
Section 63, Section 
80-3-107
 is amended to read:
80-3-107
. Disclosure of records -- Record sharing.
(1)
(a)
Except as provided in Subsections 
(1)(c)
 through 
(e)
, in an abuse, neglect, or 
dependency proceeding occurring after the commencement of a shelter hearing under 
Section 
80-3-301
, or the filing of an abuse, neglect, or dependency petition, each 
party to the proceeding shall provide in writing to any other party or the other party's 
counsel any information that the party:
(i)
plans to report to the juvenile court at the proceeding; or
(ii)
could reasonably expect would be requested of the party by the juvenile court at 
the proceeding.
(b)
A party providing the disclosure required under Subsection 
(1)(a)
 shall make the 
disclosure:
(i)
for a dispositional hearing under 
Part 4, Adjudication, Disposition, and 
Permanency
, no less than five days before the day on which the dispositional 
hearing is held; and
(ii)
for all other proceedings, no less than five days before the day on which the 
proceeding is held.
(c)
The division is not required to provide a court report or a child and family plan 
described in Section 
80-3-307
 to each party to the proceeding if:
(i)
the information is electronically filed with the juvenile court; and
(ii)
each party to the proceeding has access to the electronically filed information.
(d)
If a party to a proceeding obtains information after the deadline described in 
Subsection 
(1)(b)
, the information is exempt from the disclosure required under 
Subsection 
(1)(a)
 if the party certifies to the juvenile court that the information was 
obtained after the deadline.
(e)
Subsection 
(1)(a)
 does not apply to:
(i)
pretrial hearings; and
(ii)
the frequent, periodic review hearings held in a dependency drug court case to 
assess and promote the parent's progress in substance use disorder treatment.
(2)
(a)
Except as provided in Subsection 
(2)(b)
, and notwithstanding any other provision 
of law:
(i)
counsel for all parties to the action shall be given access to all records, maintained 
by the division or any other state or local public agency, that are relevant to the 
abuse, neglect, or dependency proceeding under this chapter; and
(ii)
if the 
natural 
parent of a child is not represented by counsel, the 
natural 
parent 
shall have access to the records described in Subsection 
(2)(a)(i)
.
(b)
The disclosures described in Subsection 
(2)(a)
 are not required if:
(i)
subject to Subsection 
(2)(c)
, the division or other state or local public agency did 
not originally create the record being requested;
(ii)
disclosure of the record would jeopardize the life or physical safety of a child 
who has been a victim of abuse or neglect, or any individual who provided 
substitute care for the child;
(iii)
disclosure of the record would jeopardize the anonymity of the individual 
making the initial report of abuse or neglect or any others involved in the 
subsequent investigation;
(iv)
disclosure of the record would jeopardize the life or physical safety of an 
individual who has been a victim of domestic violence; or
(v)
the record is a Children's Justice Center interview, including a video or audio 
recording, and a transcript of the recording, the release of which is governed by 
Section 
77-37-4
.
(c)
If a disclosure is denied under Subsection 
(2)(b)(i)
, the division shall inform the 
individual making the request:
(i)
of the existence of all records in the possession of the division or any other state or 
local public agency;
(ii)
of the name and address of the individual or agency that originally created the 
record; and
(iii)
that the individual making the request must seek access to the record from the 
individual or agency that originally created the record.
Section 64, Section 
80-3-204
 is amended to read:
80-3-204
. Protective custody of a child after a petition is filed -- Grounds.
(1)
When an abuse, neglect, or dependency petition is filed, the juvenile court shall apply, 
in addressing the petition, the least restrictive means and alternatives available to 
accomplish a compelling state interest and to prevent irretrievable destruction of family 
life as described in Subsections 
80-2a-201(1)
 and 
(7)(a)
 and Section 
80-4-104
.
(2)
After an abuse, neglect, or dependency petition is filed, if the child who is the subject of 
the petition is not in protective custody, a juvenile court may order that the child be 
removed from the child's home or otherwise taken into protective custody if the juvenile 
court finds, by a preponderance of the evidence, that any one or more of the following 
circumstances exist:
(a)
(i)
there is an imminent danger to the physical health or safety of the child; and
(ii)
the child's physical health or safety may not be protected without removing the 
child from the custody of the child's parent or guardian;
(b)
(i)
a parent or guardian engages in or threatens the child with unreasonable 
conduct that causes the child to suffer harm; and
(ii)
there are no less restrictive means available by which the child's emotional health 
may be protected without removing the child from the custody of the child's 
parent or guardian;
(c)
the child or another child residing in the same household has been, or is considered 
to be at substantial risk of being, physically abused, sexually abused, or sexually 
exploited, by a parent or guardian, a member of the parent's or guardian's household, 
or other individual known to the parent or guardian;
(d)
the parent or guardian is unwilling to have physical custody of the child;
(e)
the child is abandoned or left without any provision for the child's support;
(f)
a parent or guardian who has been incarcerated or institutionalized has not arranged 
or cannot arrange for safe and appropriate care for the child;
(g)
(i)
a relative or other adult custodian with whom the child is left by the parent or 
guardian is unwilling or unable to provide care or support for the child;
(ii)
the whereabouts of the parent or guardian are unknown; and
(iii)
reasonable efforts to locate the parent or guardian are unsuccessful;
(h)
subject to Subsection 
80-1-102(58)(b)
80-1-102(57)(b)
 and Sections 
80-3-109
 and 
80-3-304
, the child is in immediate need of medical care;
(i)
(i)
a parent's or guardian's actions, omissions, or habitual action create an 
environment that poses a serious risk to the child's health or safety for which 
immediate remedial or preventive action is necessary; or
(ii)
a parent's or guardian's action in leaving a child unattended would reasonably 
pose a threat to the child's health or safety;
(j)
the child or another child residing in the same household has been neglected;
(k)
the child's 
natural 
parent:
(i)
intentionally, knowingly, or recklessly causes the death of another parent of the 
child;
(ii)
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
(iii)
is being prosecuted for or has been convicted of intentionally, knowingly, or 
recklessly causing the death of another parent of the child;
(l)
an infant is an abandoned infant, as defined in Section 
80-4-203
;
(m)
(i)
the parent or guardian, or an adult residing in the same household as the parent 
or guardian, is charged or arrested pursuant to 
Title 58, Chapter 37d, Clandestine 
Drug Lab Act
; and
(ii)
any clandestine laboratory operation was located in the residence or on the 
property where the child resided; or
(n)
the child's welfare is otherwise endangered.
(3)
(a)
For purposes of Subsection 
(2)(a)
, if a child has previously been adjudicated as 
abused, neglected, or dependent, and a subsequent incident of abuse, neglect, or 
dependency occurs involving the same substantiated abuser or under similar 
circumstance as the previous abuse, that fact is prima facie evidence that the child 
cannot safely remain in the custody of the child's parent.
(b)
For purposes of Subsection 
(2)(c)
:
(i)
another child residing in the same household may not be removed from the home 
unless that child is considered to be at substantial risk of being physically abused, 
sexually abused, or sexually exploited as described in Subsection 
(2)(c)
 or 
Subsection 
(3)(b)(ii)
; and
(ii)
if a parent or guardian has received actual notice that physical abuse, sexual 
abuse, or sexual exploitation by an individual known to the parent has occurred, 
and there is evidence that the parent or guardian failed to protect the child, after 
having received the notice, by allowing the child to be in the physical presence of 
the alleged abuser, that fact is prima facie evidence that the child is at substantial 
risk of being physically abused, sexually abused, or sexually exploited.
(4)
(a)
For purposes of Subsection 
(2)
, if the division files an abuse, neglect, or 
dependency petition, the juvenile court shall consider the division's safety and risk 
assessments described in Section 
80-2-403
 to determine whether a child should be 
removed from the custody of the child's parent or guardian or should otherwise be 
taken into protective custody.
(b)
The division shall make a diligent effort to provide the safety and risk assessments 
described in Section 
80-2-403
 to the juvenile court, guardian ad litem, and counsel 
for the parent or guardian, as soon as practicable before the shelter hearing described 
in Section 
80-3-301
.
(5)
In the absence of one of the factors described in Subsection 
(2)
, a juvenile court may not 
remove a child from the parent's or guardian's custody on the basis of:
(a)
educational neglect, truancy, or failure to comply with a court order to attend school;
(b)
mental illness or poverty of the parent or guardian;
(c)
disability of the parent or guardian, as defined in Section 
57-21-2
; or
(d)
the possession or use, in accordance with 
Title 26B, Chapter 4, Part 2, Cannabinoid 
Research and Medical Cannabis
, of cannabis in a medicinal dosage form, a cannabis 
product in a medicinal dosage form, or a medical cannabis device, as those terms are 
defined in Section 
26B-4-201
.
(6)
A child removed from the custody of the child's parent or guardian under this section 
may not be placed or kept in detention, unless the child may be admitted to detention 
under 
Chapter 6, Part 2, Custody and Detention
.
(7)
This section does not preclude removal of a child from the child's home without a 
warrant or court order under Section 
80-2a-202
.
(8)
(a)
Except as provided in Subsection 
(8)(b)
, a juvenile court and the division may not 
remove a child from the custody of the child's parent or guardian on the sole or 
primary basis that the parent or guardian refuses to consent to:
(i)
the administration of a psychotropic medication to a child;
(ii)
a psychiatric, psychological, or behavioral treatment for a child; or
(iii)
a psychiatric or behavioral health evaluation of a child.
(b)
Notwithstanding Subsection 
(8)(a)
, a juvenile court or the division may remove a 
child under conditions that would otherwise be prohibited under Subsection 
(8)(a)
 if 
failure to take an action described under Subsection 
(8)(a)
 would present a serious, 
imminent risk to the child's physical safety or the physical safety of others.
Section 65, Section 
80-3-301
 is amended to read:
80-3-301
. Shelter hearing -- Court considerations.
(1)
A juvenile court shall hold a shelter hearing to determine the temporary custody of a 
child within 72 hours, excluding weekends and holidays, after any one or all of the 
following occur:
(a)
removal of the child from the child's home by the division;
(b)
placement of the child in protective custody;
(c)
emergency placement under Subsection 
80-2a-202(5)
;
(d)
as an alternative to removal of the child, a parent enters a domestic violence shelter 
at the request of the division; or
(e)
a motion for expedited placement in temporary custody is filed under Section 
80-3-203
.
(2)
If one of the circumstances described in Subsections 
(1)(a)
 through 
(e)
 occurs, the 
division shall issue a notice that contains all of the following:
(a)
the name and address of the individual to whom the notice is directed;
(b)
the date, time, and place of the shelter hearing;
(c)
the name of the child on whose behalf an abuse, neglect, or dependency petition is 
brought;
(d)
a concise statement regarding:
(i)
the reasons for removal or other action of the division under Subsection 
(1)
; and
(ii)
the allegations and code sections under which the proceeding is instituted;
(e)
a statement that the parent or guardian to whom notice is given, and the child, are 
entitled to have an attorney present at the shelter hearing, and that if the parent or 
guardian is an indigent individual and cannot afford an attorney, and desires to be 
represented by an attorney, one will be provided in accordance with 
Title 78B, 
Chapter 22, Indigent Defense Act
; and
(f)
a statement that the parent or guardian is liable for the cost of support of the child in 
the protective custody, temporary custody, and custody of the division, and the cost 
for legal counsel appointed for the parent or guardian under Subsection 
(2)(e)
, 
according to the financial ability of the parent or guardian.
(3)
The notice described in Subsection 
(2)
 shall be personally served as soon as possible, 
but no later than one business day after the day on which the child is removed from the 
child's home, or the day on which a motion for expedited placement in temporary 
custody under Section 
80-3-203
 is filed, on:
(a)
the appropriate guardian ad litem; and
(b)
both parents and any guardian of the child, unless the parents or guardians cannot be 
located.
(4)
Notwithstanding Section 
80-3-104
, the following individuals shall be present at the 
shelter hearing:
(a)
the child, unless it would be detrimental for the child;
(b)
the child's parents or guardian, unless the parents or guardian cannot be located, or 
fail to appear in response to the notice;
(c)
counsel for the parents, if one is requested;
(d)
the child's guardian ad litem;
(e)
the child welfare caseworker from the division who is assigned to the case; and
(f)
the attorney from the attorney general's office who is representing the division.
(5)
(a)
At the shelter hearing, the juvenile court shall:
(i)
provide an opportunity to provide relevant testimony to:
(A)
the child's parent or guardian, if present; and
(B)
any other individual with relevant knowledge;
(ii)
subject to Section 
80-3-108
, provide an opportunity for the child to testify; and
(iii)
in accordance with Subsections 
80-3-302(7)(c)
 and 
(d)
, grant preferential 
consideration to a relative or friend for the temporary placement of the child.
(b)
The juvenile court:
(i)
may consider all relevant evidence, in accordance with the Utah Rules of Juvenile 
Procedure;
(ii)
shall hear relevant evidence presented by the child, the child's parent or guardian, 
the requesting party, or the requesting party's counsel; and
(iii)
may in the juvenile court's discretion limit testimony and evidence to only that 
which goes to the issues of removal and the child's need for continued protection.
(6)
If the child is in protective custody, the division shall report to the juvenile court:
(a)
the reason why the child was removed from the parent's or guardian's custody;
(b)
any services provided to the child and the child's family in an effort to prevent 
removal;
(c)
the need, if any, for continued shelter;
(d)
the available services that could facilitate the return of the child to the custody of the 
child's parent or guardian; and
(e)
subject to Subsections 
80-3-302(7)(c)
 and 
(d)
, whether any relatives of the child or 
friends of the child's parents may be able and willing to accept temporary placement 
of the child.
(7)
The juvenile court shall consider all relevant evidence provided by an individual or 
entity authorized to present relevant evidence under this section.
(8)
(a)
If necessary to protect the child, preserve the rights of a party, or for other good 
cause shown, the juvenile court may grant no more than one continuance, not to 
exceed five judicial days.
(b)
A juvenile court shall honor, as nearly as practicable, the request by a parent or 
guardian for a continuance under Subsection 
(8)(a)
.
(c)
Notwithstanding Subsection 
(8)(a)
, if the division fails to provide the notice 
described in Subsection 
(2)
 within the time described in Subsection 
(3)
, the juvenile 
court may grant the request of a parent or guardian for a continuance, not to exceed 
five judicial days.
(9)
(a)
If the child is in protective custody, the juvenile court shall order that the child be 
returned to the custody of the parent or guardian unless the juvenile court finds, by a 
preponderance of the evidence, consistent with the protections and requirements 
provided in Subsection 
80-2a-201(1)
, that any one of the following exists:
(i)
subject to Subsection 
(9)(b)(i)
, there is a serious danger to the physical health or 
safety of the child and the child's physical health or safety may not be protected 
without removing the child from the custody of the child's parent;
(ii)
(A)
the child is suffering emotional damage that results in a serious impairment 
in the child's growth, development, behavior, or psychological functioning;
(B)
the parent or guardian is unwilling or unable to make reasonable changes that 
would sufficiently prevent future damage; and
(C)
there are no reasonable means available by which the child's emotional health 
may be protected without removing the child from the custody of the child's 
parent or guardian;
(iii)
there is a substantial risk that the child will suffer abuse or neglect if the child is 
not removed from the custody of the child's parent or guardian;
(iv)
subject to Subsection 
(9)(b)(ii)
, the child or a minor residing in the same 
household has been, or is considered to be at substantial risk of being, physically 
abused, sexually abused, or sexually exploited by:
(A)
a parent or guardian;
(B)
a member of the parent's household or the guardian's household; or
(C)
an individual known to the parent or guardian;
(v)
the parent or guardian is unwilling to have physical custody of the child;
(vi)
the parent or guardian is unable to have physical custody of the child;
(vii)
the child is without any provision for the child's support;
(viii)
a parent who is incarcerated or institutionalized has not or cannot arrange for 
safe and appropriate care for the child;
(ix)
(A)
a relative or other adult custodian with whom the child is left by the parent 
or guardian is unwilling or unable to provide care or support for the child;
(B)
the whereabouts of the parent or guardian are unknown; and
(C)
reasonable efforts to locate the parent or guardian are unsuccessful;
(x)
subject to Subsection 
80-1-102(58)(b)(i)
80-1-102(57)(b)(i)
 and Sections 
80-3-109
 and 
80-3-304
, the child is in immediate need of medical care;
(xi)
(A)
the physical environment or the fact that the child is left unattended 
beyond a reasonable period of time poses a threat to the child's health or safety; 
and
(B)
the parent or guardian is unwilling or unable to make reasonable changes that 
would remove the threat;
(xii)
(A)
the child or a minor residing in the same household has been neglected; 
and
(B)
the parent or guardian is unwilling or unable to make reasonable changes that 
would prevent the neglect;
(xiii)
the parent, guardian, or an adult residing in the same household as the parent or 
guardian, is charged or arrested pursuant to 
Title 58, Chapter 37d, Clandestine 
Drug Lab Act
, and any clandestine laboratory operation was located in the 
residence or on the property where the child resided;
(xiv)
(A)
the child's welfare is substantially endangered; and
(B)
the parent or guardian is unwilling or unable to make reasonable changes that 
would remove the danger; or
(xv)
the 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)
(i)
Prima facie evidence of the finding described in Subsection 
(9)(a)(i)
 is 
established if:
(A)
a court previously adjudicated that the child suffered abuse, neglect, or 
dependency involving the parent; and
(B)
a subsequent incident of abuse, neglect, or dependency involving the parent 
occurs.
(ii)
For purposes of Subsection 
(9)(a)(iv)
, if the juvenile court finds that the parent 
knowingly allowed the child to be in the physical care of an individual after the 
parent received actual notice that the individual physically abused, sexually 
abused, or sexually exploited the child, that fact is prima facie evidence that there 
is a substantial risk that the child will be physically abused, sexually abused, or 
sexually exploited.
(10)
(a)
(i)
The juvenile court shall make a determination on the record as to whether 
reasonable efforts were made to prevent or eliminate the need for removal of the 
child from the child's home and whether there are available services that would 
prevent the need for continued removal.
(ii)
If the juvenile court finds that the child can be safely returned to the custody of 
the child's parent or guardian through the provision of the services described in 
Subsection 
(10)(a)(i)
, the juvenile court shall place the child with the child's 
parent or guardian and order that the services be provided by the division.
(b)
In accordance with federal law, the juvenile court shall consider the child's health, 
safety, and welfare as the paramount concern when making the determination 
described in Subsection 
(10)(a)
, and in ordering and providing the services described 
in Subsection 
(10)(a)
.
(11)
If the division's first contact with the family occurred during an emergency situation in 
which the child could not safely remain at home, the juvenile court shall make a finding 
that any lack of preplacement preventive efforts, as described in Section 
80-2a-302
, was 
appropriate.
(12)
In cases where sexual abuse, sexual exploitation, abandonment, severe abuse, or severe 
neglect are involved, the juvenile court and the division do not have any duty to make 
reasonable efforts or to, in any other way, attempt to maintain a child in the child's 
home, return a child to the child's home, provide reunification services, or attempt to 
rehabilitate the offending parent or parents.
(13)
The juvenile court may not order continued removal of a child solely on the basis of 
educational neglect, truancy, or failure to comply with a court order to attend school.
(14)
(a)
If a juvenile court orders continued removal of a child under this section, the 
juvenile court shall state the facts on which the decision is based.
(b)
If no continued removal is ordered and the child is returned home, the juvenile court 
shall state the facts on which the decision is based.
(15)
If the juvenile court finds that continued removal and temporary custody are necessary 
for the protection of a child under Subsection 
(9)(a)
, the juvenile court shall order 
continued removal regardless of:
(a)
any error in the initial removal of the child;
(b)
the failure of a party to comply with notice provisions; or
(c)
any other procedural requirement of this chapter, 
Chapter 2, Child Welfare Services
, 
or 
Chapter 2a, Removal and Protective Custody of a Child
.
Section 66, Section 
80-3-302
 is amended to read:
80-3-302
. Shelter hearing -- Placement of a child.
(1)
As used in this section:
(a)
"Asserted an interest" means to communicate, verbally or in writing, to the division 
or the court, that the relative or friend is interested in becoming a placement for the 
child.
(b)
(i)
"Natural parent," notwithstanding Section 
80-1-102
, means:
(A)
a biological or adoptive mother of the child;
(B)
an adoptive father of the child; or
(C)
a biological father of the child 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 Sections 
78B-6-120
 through 
78B-6-122
, before 
removal of the child or voluntary surrender of the child by the custodial 
parent.
(b)
(i)
"Parent" does not include an unmarried biological father, as defined in Section 
81-13-101
, who has not strictly complied with Sections 
81-13-212
 and 
81-13-213
before the removal of the child or voluntary surrender of the child by the custodial 
parent.
(ii)
"Natural parent" includes the individuals described in Subsection 
(1)(b)
"Parent" 
includes, except as provided in Subsection 
(1)(b)(i)
, an individual with a 
parent-child relationship to the child under Section 
81-5-201
 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.
(2)
(a)
At the shelter hearing, if the juvenile court orders that a child be removed from the 
custody of the child's parent in accordance with Section 
80-3-301
, the juvenile 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 
juvenile court's jurisdiction occurred, who desires to assume custody of the child.
(b)
Subject to Subsection 
(7)
, if another 
natural 
parent requests custody under 
Subsection 
(2)(a)
, the juvenile court shall place the child with that parent unless the 
juvenile court finds that the placement would be unsafe or otherwise detrimental to 
the child.
(c)
The juvenile court:
(i)
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)
shall, at a minimum, order the division to visit the parent's home, comply with the 
criminal background check provisions described in Section 
80-3-305
, and check 
the Management Information System for any previous reports of abuse or neglect 
received by the division regarding the parent at issue;
(iii)
may order the division to conduct any further investigation regarding the safety 
and appropriateness of the placement; and
(iv)
may place the child in the temporary custody of the division, pending the 
juvenile court's determination regarding the placement.
(d)
The division shall report the division's findings from an investigation under 
Subsection 
(2)(c)
, regarding the child in writing to the juvenile court.
(3)
If the juvenile court orders placement with a parent under Subsection 
(2)
:
(a)
the child and the parent are under the continuing jurisdiction of the juvenile court;
(b)
the juvenile court may order:
(i)
that the parent take custody subject to the supervision of the juvenile 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 juvenile 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 juvenile 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 with a relative under Subsections 
(6)
 through 
(9)
; or
(d)
the child should be placed in the temporary custody of the division.
(5)
(a)
Legal custody of the child is not affected by an order entered under Subsection 
(2)
or 
(3)
.
(b)
To affect a previous court order regarding legal custody, the party shall petition the 
court for modification of legal custody.
(6)
Subject to Subsection 
(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 juvenile court:
(a)
shall, at that time, determine whether there is a relative or a friend who is able and 
willing to care for the child, which may include asking a child, who is of sufficient 
maturity to articulate the child's wishes in relation to a placement, if there is a relative 
or friend with whom the child would prefer to reside;
(b)
may order the division to conduct a reasonable search to determine whether there are 
relatives or friends who are willing and appropriate, in accordance with the 
requirements of this chapter, 
Chapter 2, Child Welfare Services
, and 
Chapter 2a, 
Removal and Protective Custody of a Child
, for placement of the child;
(c)
shall order the parents to cooperate with the division, within five working days, to 
provide information regarding relatives or friends who may be able and willing to 
care for the child; and
(d)
may order that the child be placed in the temporary custody of the division pending 
the determination under Subsection 
(6)(a)
.
(7)
(a)
(i)
Subject to Subsection 
(7)(b)
, and if the provisions of this section are 
satisfied, the division and the juvenile court shall give preferential consideration to 
a relative's or a friend's request for placement of the child, if the placement is in 
the best interest of the child.
(ii)
If a relative or friend verbally communicates to the division or court that the 
relative or friend is interested in becoming a placement for the child, the division 
or court shall make a written record of the communication and include that written 
record in the report the division submits at the initial dispositional hearing, a 
report the division submits under Section 
80-3-408
, or the court's legal file.
(b)
(i)
(A)
The preferential consideration that the juvenile court or division initially 
grants a friend under Subsection 
(7)(a)(i)
 expires 120 days after the day on 
which the shelter hearing occurs.
(B)
After the day on which the time period described in Subsection 
(7)(b)(i)(A)
expires, the division or the juvenile court may not grant preferential 
consideration to a friend, who has not obtained custody or asserted an interest 
in the child.
(ii)
(A)
Until eight months after the day on which the shelter hearing occurs, the 
preferential consideration that the juvenile court or division grants a relative 
under Subsection 
(7)(a)(i)
 is a rebuttable presumption that placement of the 
child with a relative is in the best interest of the child.
(B)
After the rebuttable presumption described in Subsection 
(7)(b)(ii)(A)
 expires, 
the juvenile court or division shall give preferential consideration to a relative's 
request for placement of the child, if the placement is in the best interest of the 
child considering the totality of the circumstances.
(C)
If a relative asserts an interest in becoming a placement for the child more 
than one year after the day on which the shelter hearing occurs, the juvenile 
court may not give the relative the preferential consideration described in 
Subsection 
(7)(b)(ii)(B)
.
(c)
The following order of preference shall be applied when determining the individual 
with whom a child will be placed, provided that the individual is willing and able to 
care for the child:
(i)
a noncustodial parent of the child;
(ii)
a relative of the child;
(iii)
subject to Subsection 
(7)(d)
, a friend 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, able, and appropriate placement for a 
child, the juvenile court or the division:
(i)
subject to Subsections 
(7)(d)(ii)
 through 
(iv)
, shall consider the child's preferences 
or level of comfort with the friend;
(ii)
is required to consider no more than one friend designated by each parent of the 
child and one friend designated by the child if the child is of sufficient maturity to 
articulate the child's wishes in relation to a placement;
(iii)
may limit the number of designated friends to two, one of whom shall be a friend 
designated by the child if the child is of sufficient maturity to articulate the child's 
wishes in relation to a placement; and
(iv)
shall give preference to a friend designated by the child if:
(A)
the child is of sufficient maturity to articulate the child's wishes; and
(B)
the basis for removing the child under Section 
80-3-301
 is sexual abuse of the 
child.
(e)
(i)
If a parent of the child or the child, if the child is of sufficient maturity to 
articulate the child's wishes in relation to a placement, 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, the 
department shall fully cooperate to expedite the licensing process for the friend.
(ii)
If the friend described in Subsection 
(7)(e)(i)
 becomes licensed as a foster parent 
within the time frame described in Subsection 
(7)(b)(i)
, the juvenile court shall 
determine whether it is in the best interest of the child to place the child with the 
friend.
(8)
(a)
If a relative or friend who is willing to cooperate with the child's permanency goal 
is identified under Subsection 
(6)(a)
, the juvenile court:
(i)
shall make a specific finding regarding:
(A)
the fitness of that relative or friend as a placement for the child; and
(B)
the safety and appropriateness of placement with the relative or friend; and
(ii)
may not consider a request for guardianship or adoption of the child by an 
individual who is not a relative of the child, or prevent the division from placing 
the child in the custody of a relative of the child in accordance with this part, until 
after the day on which the juvenile court makes the findings under Subsection 
(8)(a)(i)
.
(b)
In making the finding described in Subsection 
(8)(a)
, the juvenile court shall, at a 
minimum, order the division to:
(i)
if the child may be placed with a relative, 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; and
(C)
a background check that complies with the criminal background check 
provisions described in Section 
80-3-305
, of each nonrelative 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, 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 
80-2a-301(4)
 and 
(6)
;
(B)
a completed search, relating to the noncustodial parent of the child, of the 
Management Information System; and
(C)
a background check that complies with the criminal background check 
provisions described in Section 
80-3-305
, of each nonrelative 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, 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 
80-3-305
;
(iv)
visit the relative's or friend's home;
(v)
check the 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 juvenile court; and
(vii)
provide sufficient information so that the juvenile 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.
(c)
The division may determine to conduct, or the juvenile court may order the division 
to conduct, any further investigation regarding the safety and appropriateness of the 
placement described in Subsection 
(8)(a)
.
(d)
The division shall complete and file the division's assessment regarding placement 
with a relative or friend under Subsections 
(8)(a)
 and 
(b)
 as soon as practicable, in an 
effort to facilitate placement of the child with a relative or friend.
(9)
(a)
The juvenile court may place a child described in Subsection 
(2)(a)
 in the 
temporary custody of the division, pending the division's investigation under 
Subsection 
(8)
, and the juvenile court's determination regarding the appropriateness 
of the placement.
(b)
The juvenile court shall ultimately base the juvenile court's determination regarding 
the appropriateness of a placement with a relative or friend on the best interest of the 
child.
(10)
If a juvenile court places a child described in Subsection 
(6)
 with the child's relative or 
friend:
(a)
the juvenile court shall:
(i)
order the relative or friend take custody, subject to the continuing supervision of 
the juvenile court;
(ii)
provide for reasonable parent-time with the parent or parents from whose custody 
the child is removed, unless parent-time is not in the best interest of the child; and
(iii)
conduct a periodic review no less often than every six months, to determine 
whether:
(A)
placement with a relative or friend continues to be in the child's best interest;
(B)
the child should be returned home; or
(C)
the child should be placed in the custody of the division;
(b)
the juvenile court may enter an order:
(i)
requiring the division to provide necessary services to the child and the child's 
relative or friend, including the monitoring of the child's safety and well-being; or
(ii)
that the juvenile court considers necessary for the protection and best interest of 
the child; and
(c)
the child and the relative or friend in whose custody the child is placed are under the 
continuing jurisdiction of the juvenile court.
(11)
No later than 12 months after the day on which the child is removed from the home, 
the juvenile court shall schedule a hearing for the purpose of entering a permanent order 
in accordance with the best interest of the child.
(12)
The time limitations described in Section 
80-3-406
, with regard to reunification 
efforts, apply to a child placed with a previously noncustodial parent under Subsection 
(2)
 or with a relative or friend under Subsection 
(6)
.
(13)
(a)
If the juvenile court awards temporary 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 
80-3-305
; and
(ii)
if the results of the criminal background check described in Subsection 
(13)(a)(i)
would prohibit the relative from having direct access to the child under Section 
26B-2-120
, the division shall:
(A)
take the child into physical custody; and
(B)
within three days, excluding weekends and holidays, after the day on which 
the child is taken into physical custody under Subsection 
(13)(a)(ii)(A)
, give 
written notice to the juvenile court, and all parties to the proceedings, of the 
division's action.
(b)
Subsection 
(13)(a)
 does not prohibit the division from placing a child with a relative, 
pending the results of the background check described in Subsection 
(13)(a)
 on the 
relative.
(14)
If the juvenile 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 juvenile court shall order that the child be placed in the temporary 
custody of the division, to proceed to adjudication and disposition and to be provided 
with care and services in accordance with this chapter, 
Chapter 2, Child Welfare Services
, 
and 
Chapter 2a, Removal and Protective Custody of a Child
.
(15)
(a)
If a child reenters the temporary custody or the custody of the division and the 
child is not placed with an individual who is a parent, relative, or friend, the division 
shall:
(i)
notify the child's former foster parents; and
(ii)
upon a determination of the former foster parents' willingness and ability to safely 
and appropriately care for the child, give the former foster parents preference for 
placement of the child.
(b)
If, after the shelter hearing, the child is placed with an individual who is not a parent, 
a relative, a friend, or a former foster parent of the child, priority shall be given to a 
foster placement with a married couple, unless it is in the best interests of the child to 
place the child with a single foster parent.
(16)
In determining the placement of a child, the juvenile court and the division may not 
take into account, or discriminate against, the religion of an individual with whom the 
child may be placed, unless the purpose of taking religion into account is to place the 
child with an individual or family of the same religion as the child.
(17)
If the juvenile court's decision differs from a child's express wishes if the child is of 
sufficient maturity to articulate the wishes in relation to the child's placement, the 
juvenile court shall make findings explaining why the juvenile court's decision differs 
from the child's wishes.
(18)
This section does not guarantee that an identified relative or friend will receive custody 
of the child.
(19)
(a)
If, for a relative placement, an interstate placement requested under the Interstate 
Compact on the Placement of Children has been initiated by the division or is ordered 
by or pending before the juvenile court, the court may not finalize a non-relative 
placement unless the court gives due weight to:
(i)
the preferential consideration granted to a relative in Section 
80-3-302
;
(ii)
the rebuttable presumption in Section 
80-3-302
; and
(iii)
the division's placement authority under Subsections 
80-1-102(50)
 and 
80-3-303(1)
.
(b)
Nothing in this section affects the ability of a foster parent to petition the juvenile 
court under Subsection 
80-3-502(3)
.
Section 67, Section 
80-3-307
 is amended to read:
80-3-307
. Child and family plan developed by division -- Parent-time and 
relative visitation.
(1)
The division shall develop and finalize a child's child and family plan no more than 45 
days after the day on which the child enters the temporary custody of the division.
(2)
(a)
The division may use an interdisciplinary team approach in developing a child and 
family plan.
(b)
The interdisciplinary team described in Subsection 
(2)(a)
 may include 
representatives from the following fields:
(i)
mental health;
(ii)
education; or
(iii)
if appropriate, law enforcement.
(3)
(a)
The division shall involve all of the following in the development of a child's 
child and family plan:
(i)
both of the child's 
natural 
parents, unless the whereabouts of a parent are 
unknown;
(ii)
the child;
(iii)
the child's foster parents; and
(iv)
if appropriate, the child's stepparent.
(b)
Subsection 
(3)(a)
 does not prohibit any other party not listed in Subsection 
(3)(a)
 or a 
party's counsel from being involved in the development of a child's child and family 
plan if the party or counsel's participation is otherwise permitted by law.
(c)
In relation to all information considered by the division in developing a child and 
family plan, the division shall give additional weight and attention to the input of the 
child's natural and foster parents upon the involvement of the child's natural and 
foster parents under Subsections 
(3)(a)(i)
 and 
(iii)
.
(d)
(i)
The division shall make a substantial effort to develop a child and family plan 
with which the child's parents agree.
(ii)
If a parent does not agree with a child and family plan:
(A)
the division shall strive to resolve the disagreement between the division and 
the parent; and
(B)
if the disagreement is not resolved, the division shall inform the court of the 
disagreement.
(4)
A copy of the child and family plan shall, immediately upon completion, or as soon as 
reasonably possible thereafter, be provided to:
(a)
the guardian ad litem;
(b)
the child's 
natural 
parents; and
(c)
the child's foster parents.
(5)
A child and family plan shall:
(a)
specifically provide for the safety of the child, in accordance with federal law;
(b)
clearly define what actions or precautions will, or may be, necessary to provide for 
the health, safety, protection, and welfare of the child;
(c)
be specific to each child and the child's family, rather than general;
(d)
include individualized expectations and contain specific time frames;
(e)
except as provided in Subsection 
(6)
, address problems that:
(i)
keep a child in the child's placement; and
(ii)
keep a child from achieving permanence in the child's life;
(f)
be designed to:
(i)
minimize disruption to the normal activities of the child's family, including 
employment and school; and
(ii)
as much as practicable, help the child's parent maintain or obtain employment; and
(g)
set forth, with specificity, at least the following:
(i)
the reason the child entered into protective custody or the division's temporary 
custody or custody;
(ii)
documentation of:
(A)
the reasonable efforts made to prevent placement of the child in protective 
custody or the division's temporary custody or custody; or
(B)
the emergency situation that existed and that prevented the reasonable efforts 
described in Subsection 
(5)(g)(ii)(A)
, from being made;
(iii)
the primary permanency plan for the child, as described in Section 
80-3-406
, and 
the reason for selection of the plan;
(iv)
the concurrent permanency plan for the child, as described in Section 
80-3-406
, 
and the reason for the selection of the plan;
(v)
if the plan is for the child to return to the child's family:
(A)
specifically what the parents must do in order to enable the child to be 
returned home;
(B)
specifically how the requirements described in Subsection 
(5)(g)(v)(A)
 may 
be accomplished; and
(C)
how the requirements described in Subsection 
(5)(g)(v)(A)
 will be measured;
(vi)
the specific services needed to reduce the problems that necessitated placing the 
child in protective custody or the division's temporary custody or custody;
(vii)
the name of the individual who will provide for and be responsible for case 
management for the division;
(viii)
subject to Subsection 
(10)
, a parent-time schedule between the 
natural 
parent 
and the child;
(ix)
subject to Subsection 
(7)
, the health and mental health care to be provided to 
address any known or diagnosed mental health needs of the child;
(x)
if residential treatment rather than a foster home is the proposed placement, a 
requirement for a specialized assessment of the child's health needs including an 
assessment of mental illness and behavior and conduct disorders;
(xi)
social summaries that include case history information pertinent to case planning; 
and
(xii)
subject to Subsection 
(12)
, a sibling visitation schedule.
(6)
For purposes of Subsection 
(5)(e)
, a child and family plan may only include 
requirements that:
(a)
address findings made by the court; or
(b)
(i)
are requested or consented to by a parent or guardian of the child; and
(ii)
are agreed to by the division and the guardian ad litem.
(7)
(a)
Subject to Subsection 
(7)(b)
, in addition to the information required under 
Subsection 
(5)(g)(ix)
, a child and family plan shall include a specialized assessment 
of the medical and mental health needs of a child, if the child:
(i)
is placed in residential treatment; and
(ii)
has medical or mental health issues that need to be addressed.
(b)
Notwithstanding Subsection 
(7)(a)
, a parent shall retain the right to seek a separate 
medical or mental health diagnosis of the parent's child from a licensed practitioner 
of the parent's choice.
(8)
(a)
The division shall train the division's employees to develop child and family plans 
that comply with:
(i)
federal mandates; and
(ii)
the specific needs of the particular child and the child's family.
(b)
The child's natural parents, foster parents, and if appropriate, stepparents, shall be 
kept informed of and supported to participate in important meetings and procedures 
related to the child's placement.
(9)
If the division documents to the court that there is a compelling reason that adoption, 
reunification, guardianship, and a placement described in Subsection 
80-3-301(6)(e)
 are 
not in the child's best interest, the court may order another planned permanent living 
arrangement in accordance with federal law.
(10)
(a)
Except as provided in Subsection 
(10)(b)
, parent-time may only be denied by a 
court order issued in accordance with Subsection 
80-3-406(9)
.
(b)
Notwithstanding Subsection 
(10)(a)
, the person designated by the division or a court 
to supervise a parent-time session may deny parent-time for the session if the 
supervising person determines that, based on the parent's condition, it is necessary to 
deny parent-time to:
(i)
protect the physical safety of the child;
(ii)
protect the life of the child; or
(iii)
consistent with Subsection 
(10)(c)
, prevent the child from being traumatized by 
contact with the parent.
(c)
In determining whether the condition of the parent described in Subsection 
(10)(b)
will traumatize a child, the person supervising the parent-time session shall consider 
the impact that the parent's condition will have on the child in light of:
(i)
the child's fear of the parent; and
(ii)
the nature of the alleged abuse or neglect.
(11)
If a child is in the division's temporary custody or custody, the division shall consider 
visitation with the child's grandparent if:
(a)
the division determines the visitation to be in the best interest of the child;
(b)
there are no safety concerns regarding the behavior or criminal background of the 
grandparent;
(c)
allowing the grandparent visitation would not compete with or undermine the child's 
reunification plan;
(d)
there is a substantial relationship between the grandparent and child; and
(e)
the grandparent visitation will not unduly burden the foster parents.
(12)
(a)
The division shall incorporate into the child and family plan reasonable efforts to 
provide sibling visitation if:
(i)
siblings are separated due to foster care or adoptive placement;
(ii)
the sibling visitation is in the best interest of the child for whom the child and 
family plan is developed; and
(iii)
the division has consent for sibling visitation from the guardian of the sibling.
(b)
The division shall obtain consent for sibling visitation from the sibling's guardian if 
the criteria of Subsections 
(12)(a)(i)
 and 
(ii)
 are met.
Section 68, Section 
80-3-405
 is amended to read:
80-3-405
. Dispositions after adjudication.
(1)
Upon adjudication under Subsection 
80-3-402(1)
, the juvenile court may make the 
dispositions described in Subsection 
(2)
 at the dispositional hearing.
(2)
(a)
(i)
The juvenile court may vest custody of an abused, neglected, or dependent 
minor in the division or any other appropriate person, with or without 
court-specified child welfare services, in accordance with the requirements and 
procedures of this chapter.
(ii)
When placing a minor in the custody of the division or any other appropriate 
person, the juvenile court:
(A)
shall give primary consideration to the welfare of the minor;
(B)
shall give due consideration to the rights of the parent or parents concerning 
the minor; and
(C)
when practicable, may take into consideration the religious preferences of the 
minor and of the minor's parents or guardian.
(b)
(i)
The juvenile court may appoint a guardian for the minor if it appears necessary 
in the interest of the minor.
(ii)
A guardian appointed under Subsection 
(2)(b)(i)
 may be a public or private 
institution or agency, but not a nonsecure residential placement provider, in which 
legal custody of the minor is vested.
(iii)
When placing a minor under the guardianship of an individual or of a private 
agency or institution, the juvenile court:
(A)
shall give primary consideration to the welfare of the minor; and
(B)
when practicable, may take into consideration the religious preferences of the 
minor and of the minor's parents or guardian.
(c)
The juvenile court may order:
(i)
protective supervision;
(ii)
family preservation;
(iii)
sibling visitation; or
(iv)
other services.
(d)
(i)
If a minor has been placed with an individual or relative as a result of an 
adjudication under this chapter, the juvenile court may enter an order of 
permanent legal custody and guardianship with the individual or relative of the 
minor.
(ii)
If a juvenile court enters an order of permanent custody and guardianship with an 
individual or relative of a minor under Subsection 
(2)(d)(i)
, the juvenile court 
may, in accordance with Section 
78A-6-356
, enter an order for child support on 
behalf of the minor against the 
natural 
parents of the minor.
(iii)
An order under this Subsection 
(2)(d)
:
(A)
shall remain in effect until the minor is 18 years old;
(B)
is not subject to review under Section 
78A-6-358
; and
(C)
may be modified by petition or motion as provided in Section 
78A-6-357
.
(e)
The juvenile court may order a child be committed to the physical custody, as 
defined in Section 
26B-5-401
, of a local mental health authority, in accordance with 
the procedures and requirements of 
Title 26B, Chapter 5, Part 4, Commitment of 
Persons Under Age 18
.
(f)
(i)
If the child has an intellectual disability, the juvenile court may make an order 
committing a minor to the Utah State Developmental Center in accordance with 
Title 26B, Chapter 6, Part 6, Admission to an Intermediate Care Facility for 
People with an Intellectual Disability
.
(ii)
The juvenile court shall follow the procedure applicable in the district court with 
respect to judicial commitments to the Utah State Developmental Center when 
ordering a commitment under Subsection 
(2)(f)(i)
.
(g)
(i)
Subject to Subsection 
80-1-102(58)(b)
80-1-102(57)(b)
 and Section 
80-3-304
, 
the juvenile court may order that a minor:
(A)
be examined or treated by a mental health therapist, as described in Section 
80-3-109
; or
(B)
receive other special care.
(ii)
For purposes of receiving the examination, treatment, or care described in 
Subsection 
(2)(g)(i)
, the juvenile court may place the minor in a hospital or other 
suitable facility that is not secure care or secure detention.
(iii)
In determining whether to order the examination, treatment, or care described in 
Subsection 
(2)(g)(i)
, the juvenile court shall consider:
(A)
the desires of the minor;
(B)
the desires of the parent or guardian of the minor if the minor is younger than 
18 years old; 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.
(h)
The juvenile court may make other reasonable orders for the best interest of the 
minor.
(3)
(a)
At the dispositional hearing described in Subsection 
80-3-402(3)
, if a child 
remains in an out-of-home placement, the juvenile court shall:
(i)
make specific findings regarding the conditions of parent-time that are in the 
child's best interest; and
(ii)
if parent-time is denied, state the facts that justify the denial.
(b)
Parent-time shall be under the least restrictive conditions necessary to:
(i)
protect the physical safety of the child; or
(ii)
prevent the child from being traumatized by contact with the parent due to the 
child's fear of the parent in light of the nature of the alleged abuse or neglect.
(c)
(i)
The division or the person designated by the division or a court to supervise a 
parent-time session may deny parent-time for the session if the division or the 
supervising person determines that, based on the parent's condition, it is necessary 
to deny parent-time to:
(A)
protect the physical safety of the child;
(B)
protect the life of the child; or
(C)
consistent with Subsection 
(3)(c)(ii)
, prevent the child from being traumatized 
by contact with the parent.
(ii)
In determining whether the condition of the parent described in Subsection 
(3)(c)(i)
 will traumatize a child, the division or the person supervising the 
parent-time session shall consider the impact that the parent's condition will have 
on the child in light of:
(A)
the child's fear of the parent; and
(B)
the nature of the alleged abuse or neglect.
(4)
Upon an adjudication under this chapter, the juvenile court may not:
(a)
commit a minor solely on the ground of abuse, neglect, or dependency to the 
Division of Juvenile Justice and Youth Services;
(b)
assume the function of developing foster home services; or
(c)
vest legal custody of an abused, neglected, or dependent minor in the division to 
primarily address the minor's ungovernable or other behavior, mental health, or 
disability, unless the division:
(i)
engages other relevant divisions within the department that are conducting an 
assessment of the minor and the minor's family's needs;
(ii)
based on the assessment described in Subsection 
(4)(c)(i)
, determines that vesting 
custody of the minor in the division is the least restrictive intervention for the 
minor that meets the minor's needs; and
(iii)
consents to legal custody of the minor being vested in the division.
(5)
The juvenile court may combine the dispositions listed in Subsection 
(2)
 if combining 
the dispositions is permissible and the dispositions are compatible.
(6)
(a)
If, for a relative placement, an interstate placement requested under the Interstate 
Compact on the Placement of Children has been initiated by the division or is ordered 
by or pending before the juvenile court, the court may not finalize a non-relative 
placement unless the court gives due weight to:
(i)
the preferential consideration granted to a relative in Section 
80-3-302
;
(ii)
the rebuttable presumption in Section 
80-3-302
; and
(iii)
the division's placement authority under Subsections 
80-1-102(50)
 and 
80-3-303(1)
.
(b)
Nothing in this section affects the ability of a foster parent to petition the juvenile 
court under Subsection 
80-3-502(3)
.
Section 69, Section 
80-3-409
 is amended to read:
80-3-409
. Permanency hearing -- Final plan -- Petition for termination of 
parental rights filed -- Hearing on termination of parental rights.
(1)
(a)
If reunification services are ordered under Section 
80-3-406
, with regard to a 
minor who is in the custody of the division, the juvenile court shall hold a 
permanency hearing no later than 12 months after the day on which the minor is 
initially removed from the minor's home.
(b)
If reunification services are not ordered at the dispositional hearing, the juvenile 
court shall hold a permanency hearing within 30 days after the day on which the 
dispositional hearing ends.
(2)
(a)
If reunification services are ordered in accordance with Section 
80-3-406
, the 
juvenile court shall, at the permanency hearing, determine, consistent with 
Subsection (3), whether the minor may safely be returned to the custody of the 
minor's parent.
(b)
If the juvenile court finds, by a preponderance of the evidence, that return of the 
minor to the minor's parent would create a substantial risk of detriment to the minor's 
physical or emotional well-being, the minor may not be returned to the custody of the 
minor's parent.
(c)
Prima facie evidence that return of the minor to a parent or guardian would create a 
substantial risk of detriment to the minor is established if:
(i)
the parent or guardian fails to:
(A)
participate in a court approved child and family plan;
(B)
comply with a court approved child and family plan in whole or in part; or
(C)
meet the goals of a court approved child and family plan; or
(ii)
the minor's 
natural 
parent:
(A)
intentionally, knowingly, or recklessly causes the death of another parent of 
the minor;
(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 minor; or
(C)
is being prosecuted for or has been convicted of intentionally, knowingly, or 
recklessly causing the death of another parent of the minor.
(3)
In making a determination under Subsection (2)(a), the juvenile court shall:
(a)
review and consider:
(i)
the report prepared by the division;
(ii)
in accordance with the Utah Rules of Evidence, any admissible evidence offered 
by the minor's attorney guardian ad litem;
(iii)
any report submitted by the division under Subsection 
80-3-408
(3)(a)(i);
(iv)
any evidence regarding the efforts or progress demonstrated by the parent; and
(v)
the extent to which the parent cooperated and used the services provided; and
(b)
attempt to keep the minor's sibling group together if keeping the sibling group 
together is:
(i)
practicable; and
(ii)
in accordance with the best interest of the minor.
(4)
With regard to a case where reunification services are ordered by the juvenile court, if a 
minor is not returned to the minor's parent or guardian at the permanency hearing, the 
juvenile court shall, unless the time for the provision of reunification services is 
extended under Subsection (7):
(a)
order termination of reunification services to the parent;
(b)
make a final determination regarding whether termination of parental rights, 
adoption, or permanent custody and guardianship is the most appropriate final plan 
for the minor, taking into account the minor's primary permanency plan established 
by the juvenile court under Section 
80-3-406
; and
(c)
in accordance with Subsection 
80-3-406
(2), establish a concurrent permanency plan 
that identifies the second most appropriate final plan for the minor, if appropriate.
(5)
The juvenile court may order another planned permanent living arrangement other than 
reunification for a minor who is 16 years old or older upon entering the following 
findings:
(a)
the division has documented intensive, ongoing, and unsuccessful efforts to reunify 
the minor with the minor's parent or parents, or to secure a placement for the minor 
with a guardian, an adoptive parent, or an individual described in Subsection 
80-3-301
(6)(e);
(b)
the division has demonstrated that the division has made efforts to normalize the life 
of the minor while in the division's custody, in accordance with Section 
80-2-308
;
(c)
the minor prefers another planned permanent living arrangement; and
(d)
there is a compelling reason why reunification or a placement described in 
Subsection (5)(a) is not in the minor's best interest.
(6)
Except as provided in Subsection (7), the juvenile court may not extend reunification 
services beyond 12 months after the day on which the minor is initially removed from 
the minor's home, in accordance with the provisions of Section 
80-3-406
.
(7)
(a)
Subject to Subsection (7)(b), the juvenile court may extend reunification services 
for no more than 90 days if the juvenile court finds, by a preponderance of the 
evidence, that:
(i)
there has been substantial compliance with the child and family plan;
(ii)
reunification is probable within that 90-day period; and
(iii)
the extension is in the best interest of the minor.
(b)
(i)
Except as provided in Subsection (7)(c), the juvenile court may not extend any 
reunification services beyond 15 months after the day on which the minor is 
initially removed from the minor's home.
(ii)
Delay or failure of a parent to establish paternity or seek custody does not provide 
a basis for the juvenile court to extend services for the parent beyond the 
12-month period described in Subsection (6).
(c)
In accordance with Subsection (7)(d), the juvenile court may extend reunification 
services for one additional 90-day period, beyond the 90-day period described in 
Subsection (7)(a), if:
(i)
the juvenile court finds, by clear and convincing evidence, that:
(A)
the parent has substantially complied with the child and family plan;
(B)
it is likely that reunification will occur within the additional 90-day period; and
(C)
the extension is in the best interest of the minor;
(ii)
the juvenile court specifies the facts upon which the findings described in 
Subsection (7)(c)(i) are based; and
(iii)
the juvenile court specifies the time period in which it is likely that reunification 
will occur.
(d)
A juvenile court may not extend the time period for reunification services without 
complying with the requirements of this Subsection (7) before the extension.
(e)
In determining whether to extend reunification services for a minor, a juvenile court 
shall take into consideration the status of the minor siblings of the minor.
(8)
(a)
At the permanency hearing, if a child remains in an out-of-home placement, the 
juvenile court shall:
(i)
make specific findings regarding the conditions of parent-time that are in the 
child's best interest; and
(ii)
if parent-time is denied, state the facts that justify the denial.
(b)
Parent-time shall be under the least restrictive conditions necessary to:
(i)
protect the physical safety of the child; or
(ii)
prevent the child from being traumatized by contact with the parent due to the 
child's fear of the parent in light of the nature of the alleged abuse or neglect.
(c)
(i)
The division or the person designated by the division or a court to supervise a 
parent-time session may deny parent-time for the session if the division or the 
supervising person determines that, based on the parent's condition, it is necessary 
to deny parent-time to:
(A)
protect the physical safety of the child;
(B)
protect the life of the child; or
(C)
consistent with Subsection (8)(c)(ii), prevent the child from being traumatized 
by contact with the parent.
(ii)
In determining whether the condition of the parent described in Subsection 
(8)(c)(i) will traumatize a child, the division or the person supervising the 
parent-time session shall consider the impact that the parent's condition will have 
on the child in light of:
(A)
the child's fear of the parent; and
(B)
the nature of the alleged abuse or neglect.
(9)
The juvenile court may, in the juvenile court's discretion:
(a)
enter any additional order that the juvenile court determines to be in the best interest 
of the minor, so long as that order does not conflict with the requirements and 
provisions of Subsections (4) through (8); or
(b)
order the division to provide protective supervision or other services to a minor and 
the minor's family after the division's custody of a minor is terminated.
(10)
(a)
If the final plan for the minor is to proceed toward termination of parental rights, 
the petition for termination of parental rights shall be filed, and a pretrial held, within 
45 calendar days after the day on which the permanency hearing is held.
(b)
If the division opposes the plan to terminate parental rights, the juvenile court may 
not require the division to file a petition for the termination of parental rights, except 
as required under Subsection 
80-4-203
(2).
(11)
(a)
Any party to an action may, at any time, petition the juvenile court for an 
expedited permanency hearing on the basis that continuation of reunification efforts 
are inconsistent with the permanency needs of the minor.
(b)
If the juvenile court so determines, the juvenile court shall order, in accordance with 
federal law, that:
(i)
the minor be placed in accordance with the permanency plan; and
(ii)
whatever steps are necessary to finalize the permanent placement of the minor be 
completed as quickly as possible.
(12)
Nothing in this section may be construed to:
(a)
entitle any parent to reunification services for any specified period of time;
(b)
limit a juvenile court's ability to terminate reunification services at any time before a 
permanency hearing; or
(c)
limit or prohibit the filing of a petition for termination of parental rights by any party, 
or a hearing on termination of parental rights, at any time before a permanency 
hearing provided that relative placement and custody options have been fairly 
considered in accordance with Sections 
80-2a-201
 and 
80-4-104
.
(13)
(a)
Subject to Subsection (13)(b), if a petition for termination of parental rights is 
filed before the date scheduled for a permanency hearing, the juvenile court may 
consolidate the hearing on termination of parental rights with the permanency hearing.
(b)
For purposes of Subsection (13)(a), if the juvenile court consolidates the hearing on 
termination of parental rights with the permanency hearing:
(i)
the juvenile court shall first make a finding regarding whether reasonable efforts 
have been made by the division to finalize the permanency plan for the minor; and
(ii)
any reunification services shall be terminated in accordance with the time lines 
described in Section 
80-3-406
.
(c)
The juvenile court shall make a decision on a petition for termination of parental 
rights within 18 months after the day on which the minor is initially removed from 
the minor's home.
(14)
(a)
If a juvenile court determines that a minor will not be returned to a parent of the 
minor, the juvenile court shall consider appropriate placement options inside and 
outside of the state.
(b)
In considering appropriate placement options under Subsection (14)(a), the juvenile 
court shall provide preferential consideration to a relative's request for placement of 
the minor.
(15)
(a)
In accordance with Section 
80-3-108
, if a minor 14 years old or older desires an 
opportunity to address the juvenile court or testify regarding permanency or 
placement, the juvenile court shall give the minor's wishes added weight, but may not 
treat the minor's wishes as the single controlling factor under this section.
(b)
If the juvenile court's decision under this section differs from a minor's express 
wishes if the minor is of sufficient maturity to articulate the wishes in relation to 
permanency or the minor's placement, the juvenile court shall make findings 
explaining why the juvenile court's decision differs from the minor's wishes.
(16)
(a)
If, for a relative placement, an interstate placement requested under the Interstate 
Compact on the Placement of Children has been initiated by the division or is ordered 
by or pending before the juvenile court, the court may not finalize a non-relative 
placement unless the court gives due weight to:
(i)
the preferential consideration granted to a relative in Section 
80-3-302
;
(ii)
the rebuttable presumption in Section 
80-3-302
; and
(iii)
the division's placement authority under Subsections 
80-1-102
(50) and 
80-3-303
(1).
(b)
Nothing in this section affects the ability of a foster parent to petition the juvenile 
court under Subsection 
80-3-502
(3).
Section 70, Section 
80-3-502
 is amended to read:
80-3-502
. Review of foster care removal -- Foster parent's standing.
(1)
With regard to a minor in the custody of the division 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 minor's 
natural 
parents, a foster family has a very limited 
but recognized interest in its familial relationship with the minor; and
(b)
minors 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 minor's 
natural 
parents, procedural due process protections must be 
provided to a foster family prior to removal of a foster minor from the foster home.
(3)
(a)
A foster parent who has had a foster minor 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 to remove the minor from the foster 
home, unless the removal was for the purpose of:
(i)
returning the minor to the minor's 
natural 
parent or legal guardian;
(ii)
immediately placing the minor in an approved adoptive home;
(iii)
placing the minor with a relative who obtained custody or asserted an interest in 
the minor within the preference period described in Subsection 
80-3-302(8)
; or
(iv)
placing an Indian child in accordance with placement preferences and other 
requirements described in the Indian Child Welfare Act, 25 U.S.C. Sec. 1915.
(b)
The foster parent may petition the juvenile court under this section without 
exhausting administrative remedies within the division.
(c)
The juvenile court may order the division to place the minor in a specified home, and 
shall base the juvenile court's determination on the best interest of the minor.
(4)
The requirements of this section do not apply to the removal of a minor based on a 
foster parent's request for that removal.
Section 71, Section 
80-4-104
 is amended to read:
80-4-104
. Judicial process for termination -- Parent unfit or incompetent -- Best 
interest of child.
(1)
Under both the United States Constitution and the constitution of this state, a parent 
possesses a fundamental liberty interest in the care, custody, and management of the 
parent's child. For this reason, the termination of family ties by the state may only be 
done for compelling reasons.
(2)
The juvenile court shall provide a fundamentally fair process to a parent if a party 
moves to terminate the parent's parental rights.
(3)
If the party moving to terminate parental rights is a governmental entity, the juvenile 
court shall find that any actions or allegations made in opposition to the rights and 
desires of a parent regarding the parent's child are supported by sufficient evidence to 
satisfy a parent's constitutional entitlement to heightened protection against government 
interference with the parent's fundamental rights and liberty interests.
(4)
(a)
The fundamental liberty interest of a parent concerning the care, custody, and 
management of the parent's child is recognized, protected, and does not cease to exist 
simply because:
(i)
a parent may fail to be a model parent; or
(ii)
the parent's child is placed in the temporary custody of the state.
(b)
The juvenile court should give serious consideration to the fundamental right of a 
parent to rear the parent's child, and concomitantly, of the right of the child to be 
reared by the child's 
natural 
parent.
(5)
At all times, a parent retains a vital interest in preventing the irretrievable destruction of 
family life.
(6)
Before an adjudication of unfitness, government action in relation to a parent and a 
parent's child may not exceed the least restrictive means or alternatives available to 
accomplish a compelling state interest.
(7)
Until parental unfitness is established and the children suffer, or are substantially likely 
to suffer, serious detriment as a result, the child and the child's parent share a vital 
interest in preventing erroneous termination of their relationship and the juvenile court 
may not presume that a child and the child's parents are adversaries.
(8)
(a)
It is in the best interest and welfare of a child to be raised under the care and 
supervision of the child's 
natural 
parents. 
(b)
A child's need for a normal family life in a permanent home, and for positive, 
nurturing family relationships is usually best met by the child's 
natural 
parents. 
(c)
Additionally, the integrity of the family unit and the right of parents to conceive and 
raise their children are constitutionally protected. 
(d)
For these reasons, the juvenile court should only transfer custody of a child from the 
child's 
natural 
parent for compelling reasons and when there is a jurisdictional basis 
to do so.
(9)
The right of a fit, competent parent to raise the parent's child without undue government 
interference is a fundamental liberty interest that has long been protected by the laws 
and Constitution of this state and of the United States, and is a fundamental public 
policy of this state.
(10)
(a)
The state recognizes that:
(i)
a parent has the right, obligation, responsibility, and authority to raise, manage, 
train, educate, provide for, and reasonably discipline the parent's child; and
(ii)
the state's role is secondary and supportive to the primary role of a parent.
(b)
It is the public policy of this state that a parent retain the fundamental right and duty 
to exercise primary control over the care, supervision, upbringing, and education of 
the parent's child.
(c)
The interests of the state favor preservation and not severance of natural familial 
bonds in situations where a positive, nurturing parent-child relationship can exist, 
including extended family association and support.
(11)
This chapter provides a judicial process for voluntary and involuntary severance of the 
parent-child relationship, designed to safeguard the rights and interests of all parties 
concerned and promote their welfare and that of the state.
(12)
(a)
Wherever possible, family life should be strengthened and preserved, but if a 
parent is found, by reason of the parent's conduct or condition, to be unfit or 
incompetent based upon any of the grounds for termination described in this part, the 
juvenile court shall then consider the welfare and best interest of the child of 
paramount importance in determining whether termination of parental rights shall be 
ordered.
(b)
In determining whether termination is in the best interest of the child, and in finding, 
based on the totality of the circumstances, that termination of parental rights, from 
the child's point of view, is strictly necessary to promote the child's best interest, the 
juvenile court shall consider, among other relevant factors, whether:
(i)
sufficient efforts were dedicated to reunification in accordance with Section 
80-4-301
; and
(ii)
pursuant to Section 
80-3-302
,the efforts to place the child with a relative who has, 
or is willing to come forward to care for the child, were given due weight.
Section 72, Section 
80-4-106
 is amended to read:
80-4-106
. Individuals entitled to be present at proceedings -- Legal 
representation -- Attorney general responsibilities.
(1)
(a)
The parties shall be advised of the parties' right to counsel, including the 
appointment of counsel for a parent or guardian facing any action initiated by a 
private party under this chapter or under Section 
78B-6-112
81-13-205
 for 
termination of parental rights.
(b)
If a parent or guardian is the subject of a petition for the termination of parental 
rights, the juvenile court shall:
(i)
appoint an indigent defense service provider for a parent or guardian determined 
to be an indigent individual in accordance with 
Title 78B, Chapter 22, Part 2, 
Appointment of Counsel
; and
(ii)
order indigent defense services for the parent or guardian who is determined to be 
an indigent individual in accordance with 
Title 78B, Chapter 22, Part 2, 
Appointment of Counsel
.
(c)
In any action under this chapter, a guardian ad litem, as defined in Section 
78A-2-801
, 
shall represent the child in accordance with Sections 
78A-2-803
 and 
80-3-104
.
(2)
Subject to Section 
67-5-17
 and the attorney general's prosecutorial discretion in civil 
enforcement actions, the attorney general shall, in accordance with Section 
80-2-303
, 
enforce this chapter, 
Chapter 2, Child Welfare Services
, and 
Chapter 2a, Removal and 
Protective Custody of a Child
, relating to the termination of parental rights.
(3)
(a)
The juvenile court shall admit any individual to a hearing unless the juvenile court 
makes a finding upon the record that the individual's presence at the hearing would:
(i)
be detrimental to the best interest of a child who is a party to the proceeding;
(ii)
impair the fact-finding process; or
(iii)
be otherwise contrary to the interests of justice.
(b)
The juvenile court may exclude an individual from a hearing under Subsection 
(3)(a)
on the juvenile court's own motion or by motion of a party to the proceeding.
Section 73, Section 
80-4-203
 is amended to read:
80-4-203
. Mandatory petition for termination of parental rights.
(1)
For purposes of this section, "abandoned infant" means a child who is 12 months old or 
younger and whose parent or parents:
(a)
although having legal custody of the child, fail to maintain physical custody of the 
child without making arrangements for the care of the child;
(b)
have failed to:
(i)
maintain physical custody; and
(ii)
exhibit the normal interest of a 
natural 
parent without just cause; or
(c)
are unwilling to have physical custody of the child.
(2)
Except as provided in Subsection 
(3)
, notwithstanding any other provision of this 
chapter, 
Chapter 2, Child Welfare Services
, or 
Chapter 2a, Removal and Protective 
Custody of a Child
, the division shall file a petition for termination of parental rights 
with regard to:
(a)
an abandoned infant; or
(b)
the child of a parent, whenever a court has determined that the parent has:
(i)
committed murder or child abuse homicide of another child of that parent;
(ii)
committed manslaughter of another child of that parent;
(iii)
aided, abetted, attempted, conspired, or solicited to commit murder, child abuse 
homicide, or manslaughter against another child of that parent; or
(iv)
committed a felony assault or abuse that results in serious physical injury to:
(A)
another child of that parent; or
(B)
the other parent of the child.
(3)
The division is not required to file a petition for termination of parental rights under 
Subsection 
(2)
 if:
(a)
the child is being cared for by a relative;
(b)
the division has:
(i)
documented in the child's child and family plan a compelling reason for 
determining that filing a petition for termination of parental rights is not in the 
child's best interest; and
(ii)
made that child and family plan available to the juvenile court for the juvenile 
court's review; or
(c)
(i)
the juvenile court has previously determined, in accordance with the provisions 
and limitations of Sections 
80-2a-201
, 
80-2a-302
, 
80-3-301
, and 
80-3-406
, that 
reasonable efforts to reunify the child with the child's parent or parents were 
required; and
(ii)
the division has not provided, within the time period specified in the child and 
family plan, services that had been determined to be necessary for the safe return 
of the child.
Section 74, Section 
80-4-302
 is amended to read:
80-4-302
. Evidence of grounds for termination.
(1)
In determining whether a parent or parents have abandoned a child, it is prima facie 
evidence of abandonment that the parent or parents:
(a)
although having legal custody of the child, have surrendered physical custody of the 
child, and for a period of six months following the surrender have not manifested to 
the child or to the person having the physical custody of the child a firm intention to 
resume physical custody or to make arrangements for the care of the child;
(b)
have failed to communicate with the child by mail, telephone, or otherwise for six 
months;
(c)
failed to have shown the normal interest of a 
natural 
parent, without just cause; or
(d)
have abandoned an infant, as described in Section 
80-4-203
.
(2)
In determining whether a parent or parents are unfit or have neglected a child the 
juvenile court shall consider:
(a)
emotional illness, mental illness, or mental deficiency of the parent that renders the 
parent unable to care for the immediate and continuing physical or emotional needs 
of the child for extended periods of time;
(b)
conduct toward a child of a physically, emotionally, or sexually cruel or abusive 
nature;
(c)
habitual or excessive use of intoxicating liquors, controlled substances, or dangerous 
drugs that render the parent unable to care for the child;
(d)
repeated or continuous failure to provide the child with adequate food, clothing, 
shelter, education, or other care necessary for the child's physical, mental, and 
emotional health and development by a parent or parents who are capable of 
providing that care;
(e)
whether the parent is incarcerated as a result of conviction of a felony, and the 
sentence is of such length that the child will be deprived of a normal home for more 
than one year;
(f)
a history of violent behavior;
(g)
whether the parent has intentionally exposed the child to pornography or material 
harmful to a minor, as defined in Section 
76-10-1201
; or
(h)
any other circumstance, conduct, or condition that the court considers relevant in the 
determination of whether a parent or parents are unfit or have neglected the child.
(3)
Notwithstanding Subsection 
(2)(c)
, the juvenile court may not discriminate against a 
parent because of or otherwise consider the parent's lawful possession or consumption of 
cannabis in a medicinal dosage form, a cannabis product, as those terms are defined in 
Section 
26B-4-201
 or a medical cannabis device, in accordance with 
Title 26B, Chapter 
4, Part 2, Cannabinoid Research and Medical Cannabis
.
(4)
A parent who, legitimately practicing the parent's religious beliefs, does not provide 
specified medical treatment for a child is not, for that reason alone, a negligent or unfit 
parent.
(5)
(a)
Notwithstanding Subsection 
(2)
, a parent may not be considered neglectful or 
unfit because of a health care decision made for a child by the child's parent 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.
(b)
Nothing in Subsection 
(5)(a)
 may prohibit a parent from exercising the right to 
obtain a second health care opinion.
(6)
If a child has been placed in the custody of the division and the parent or parents fail to 
comply substantially with the terms and conditions of a plan within six months after the 
date on which the child was placed or the plan was commenced, whichever occurs later, 
that failure to comply is evidence of failure of parental adjustment.
(7)
The following circumstances are prima facie evidence of unfitness:
(a)
sexual abuse, sexual exploitation, injury, or death of a sibling of the child, or of any 
child, due to known or substantiated abuse or neglect by the parent or parents;
(b)
conviction of a crime, if the facts surrounding the crime are of such a nature as to 
indicate the unfitness of the parent to provide adequate care to the extent necessary 
for the child's physical, mental, or emotional health and development;
(c)
a single incident of life-threatening or gravely disabling injury to or disfigurement of 
the child;
(d)
the parent has committed, aided, abetted, attempted, conspired, or solicited to 
commit murder or manslaughter of a child or child abuse homicide; or
(e)
the parent intentionally, knowingly, or recklessly causes the death of another parent 
of the child, without legal justification.
Section 75, Section 
80-4-307
 is amended to read:
80-4-307
. Voluntary relinquishment -- Irrevocable.
(1)
The individual consenting to termination of parental rights or voluntarily relinquishing 
parental rights shall sign the consent or relinquishment, or confirm a consent or 
relinquishment previously signed by the individual, under oath before:
(a)
a judge of any court that has jurisdiction over proceedings for termination of parental 
rights in this state or any other state, or a public officer appointed by that court for the 
purpose of taking consents or relinquishments; or
(b)
except as provided in Subsection (2), any person authorized to take consents or 
relinquishments under Subsections 
78B-6-124
(1)
81-13-214(1)
 and (2).
(2)
Only the juvenile court is authorized to take consents or relinquishments from a parent 
who has any child who is in the custody of a state agency or who has a child who is 
otherwise under the jurisdiction of the juvenile court.
(3)
(a)
The court, appointed officer, or other authorized person shall certify to the best of 
that person's information and belief that the individual executing the consent or 
relinquishment, or confirming a consent or relinquishment previously signed by the 
individual, has read and understands the consent or relinquishment and has signed the 
consent or relinquishment freely and voluntarily.
(b)
A consent or relinquishment is not effective until the consent or relinquishment is 
certified pursuant to Subsection (3)(a).
(4)
A consent or relinquishment that has been certified pursuant to Subsection (3)(a) is 
effective against the consenting or relinquishing individual and may not be revoked.
(5)
(a)
The requirements and processes described in Section 
80-4-104
, Sections 
80-4-301
through 
80-4-304
, and Part 2, Petition for Termination of Parental Rights, do not 
apply to a voluntary relinquishment or consent for termination of parental rights.
(b)
When determining voluntary relinquishment or consent for termination of parental 
rights, the juvenile court need only find that the relinquishment or termination is in 
the child's best interest.
(6)
(a)
There is a presumption that voluntary relinquishment or consent for termination of 
parental rights is not in the child's best interest where it appears to the juvenile court 
that the primary purpose for relinquishment or consent for termination is to avoid a 
financial support obligation.
(b)
The presumption described in Subsection (6)(a) may be rebutted if the juvenile court 
finds the relinquishment or consent to termination of parental rights will facilitate the 
establishment of stability and permanency for the child.
(7)
Upon granting a voluntary relinquishment the juvenile court may make orders relating 
to the child's care and welfare that the juvenile court considers to be in the child's best 
interest.
Section 76, Section 
80-4-502
 is amended to read:
80-4-502
. Safe relinquishment of a newborn child -- Termination of parental 
rights -- Affirmative defense.
(1)
(a)
A parent or a parent's designee may safely relinquish a newborn child at a hospital 
in accordance with this part and retain complete anonymity, so long as the newborn 
child has not been subject to abuse or neglect.
(b)
Safe relinquishment of a newborn child who has not otherwise been subject to abuse 
or neglect shall not, in and of itself, constitute neglect, and the newborn child may 
not be considered a neglected child so long as the relinquishment is carried out in 
substantial compliance with this part.
(2)
(a)
Personnel employed by a hospital shall accept a newborn child who is 
relinquished under this part, and may presume that the individual relinquishing is the 
newborn child's parent or the parent's designee.
(b)
The person receiving the newborn child may request information regarding the 
parent and newborn child's medical histories, and identifying information regarding 
the nonrelinquishing parent of the newborn child.
(c)
If the newborn child's parent or the parent's designee provides the person receiving 
the newborn child with any of the information described in Subsection 
(2)(b)
 or any 
other personal items, the person shall provide the information or personal items to the 
division.
(d)
Personnel employed by the hospital shall:
(i)
provide any necessary medical care to the newborn child;
(ii)
notify the division of receipt of the newborn child as soon as possible, but no later 
than 24 hours after receipt of the newborn child; and
(iii)
prepare a birth certificate or foundling birth certificate if parentage is unknown 
for the newborn child and file the certificate with the Office of Vital Records and 
Statistics within the Department of Health
 and Human Services
.
(e)
A hospital and personnel employed by a hospital are immune from any civil or 
criminal liability arising from accepting a newborn child if the personnel employed 
by the hospital substantially comply with the provisions of this part and medical 
treatment is administered according to standard medical practice.
(3)
The division shall assume care and protective custody of the newborn child immediately 
upon notice from the hospital.
(4)
So long as the division determines there is no abuse or neglect of the newborn child, 
neither the newborn child nor the child's parents are subject to:
(a)
the investigation provisions contained in Section 
80-2-701
; or
(b)
the provisions of 
Chapter 3, Abuse, Neglect, and Dependency Proceedings
.
(5)
(a)
Unless identifying information relating to the nonrelinquishing parent of the 
newborn child is provided, the division shall:
(i)
work with local law enforcement and the Bureau of Criminal Identification within 
the Department of Public Safety in an effort to ensure that the newborn child has 
not been identified as a missing child;
(ii)
immediately place or contract for placement of the newborn child in a potential 
adoptive home and, within 10 days after the day on which the child is received, 
file a petition for termination of parental rights in accordance with this chapter;
(iii)
direct the Office of Vital Records and Statistics within the Department of Health
and Human Services
 to conduct a search for:
(A)
a birth certificate for the newborn child; and
(B)
unmarried biological fathers in the registry maintained by the Office of Vital 
Records and Statistics in accordance with 
Title 78B, Chapter 15, Part 4, 
Registry
Title 81, Chapter 5, Part 4, Registry
; and
(iv)
provide notice to each potential father identified on the registry described in 
Subsection 
(5)(a)(iii)
 in accordance with 
Title 78B, Chapter 15, Part 4, Registry
Title 81, Chapter 5, Part 4, Registry
.
(b)
(i)
If no individual has affirmatively identified himself or herself within two weeks 
after the day on which notice under Subsection 
(5)(a)(iv)
 is complete and 
established paternity by scientific testing within as expeditious a time frame as 
practicable, a hearing on the petition for termination of parental rights shall be 
scheduled and notice provided in accordance with this chapter.
(ii)
If a nonrelinquishing parent is not identified, relinquishment of a newborn child 
under this part is considered grounds for termination of parental rights of both the 
relinquishing and nonrelinquishing parents under Section 
80-4-301
.
(6)
If at any time before the day on which the newborn child is adopted, the juvenile court 
finds it is in the best interest of the newborn child, the court shall deny the petition for 
termination of parental rights.
(7)
The division shall provide for, or contract with a child-placing agency to provide for 
expeditious adoption of the newborn child.
(8)
So long as the individual relinquishing a newborn child is the newborn child's parent or 
designee, and there is no abuse or neglect, safe relinquishment of a newborn child in 
substantial compliance with this part is an affirmative defense to any potential criminal 
liability for abandonment or neglect relating to the relinquishment.
Section 77, Section 
80-7-102
 is amended to read:
80-7-102
. Definitions.
As used in this chapter:
(1)
"Emancipation" or "emancipated" means a legal status created by court order that allows 
a minor to:
(a)
live independent of the minor's parents or guardian; and
(b)
exercise the same rights as an adult under Subsection 
80-7-105(1)
.
(2)
"Guardian" has the same meaning as in Section 
75-1-201
.
(3)
"Minor" means an individual who is 16 years old or older.
(4)
"Parent" means a natural parent as defined in Section 
80-1-102
.
Section 78, Section 
81-1-101
 is amended to read:
81. UTAH DOMESTIC RELATIONS CODE
81-1-101
. Definitions for title.
As used in this title:
(1)
"Child" means, except as provided in Section 
81-6-101
, a biological or adopted child of 
any age.
(1)
"Child" means, except as provided in Sections 
81-5-102
, 
81-6-101
, 
81-8-102
, and 
81-10-101
, a son or daughter of any age.
(2)
"Court" means:
(a)
a judge; or
(b)
a court commissioner if the court commissioner has authority to hear the matter 
under Section 
78A-5-107
 or the Utah Rules of Judicial Administration.
(3)
"Custodial parent" means:
(a)
a parent awarded primary physical custody of a minor child by a court order;
(b)
if both parents have joint physical custody:
(i)
the parent awarded more overnights each year by a court order; or
(ii)
the parent designated as the custodial parent by a court order; or
(c)
if there is no court order, the parent with whom the minor child resides more than 
one-half of the calendar year without regard to any temporary parent-time.
(4)
"Minor child" means, except as provided in Section 
81-6-101
, a child who is younger 
than 18 years old and is not emancipated.
(5)
"Noncustodial parent" means the parent who is not the custodial parent regardless of 
any designation of joint legal custody.
(6)
"Parent" means
 a parent
, except as provided in Section 
81-13-211
, an individual
 with 
an established parent-child relationship as described in Section 
78B-15-201
81-5-201
.
Section 79, Section 
81-1-202
 is amended to read:
81-1-202
. Court records in a domestic relations action.
(1)
(a)
In an action under this title, 
Title 78B, Chapter 13, Utah Uniform Child Custody 
Jurisdiction and Enforcement Act, Title 78B, Chapter 14, Utah Uniform Interstate 
Family Support Act, or Title 78B, Chapter 15, Utah Uniform Parentage Act, 
a party 
may file a motion to have the records of the action other than the final judgment, 
order, or decree, classified as private.
(b)
If the court finds that there are substantial interests favoring restricting access that 
clearly outweigh the interests favoring access, the court may classify the records of 
the action, or any part of the records of the action, other than the final order, 
judgment, or decree, as private.
(c)
An order classifying part of the records of the action as private does not apply to 
subsequent filings.
(d)
The record of an action is private until the court determines it is possible to release 
the record without prejudice to the interests that justified the closure.
(2)
(a)
Any interested person may petition the court to permit access to a record classified 
as private as described in Subsection (1).
(b)
The interested person described in Subsection (2)(a) shall serve the petition on the 
parties to the closure order.
(3)
A party shall place the social security number of any individual, who is the subject of an 
action under this title, in the records relating to the matter.
Section 80, Section 
81-4-404
 is amended to read:
81-4-404
. Allegations of child abuse or child sexual abuse in a divorce 
proceeding -- Investigation.
(1)
When an allegation of child abuse or child sexual abuse is made in a divorce 
proceeding, or a request for modification of a divorce decree, that implicates a party, the 
court, after making an inquiry, may order that an investigation be conducted by the 
Division of Child and Family Services in accordance with Title 80, Chapter 2, Child 
Welfare Services, and Title 80, Chapter 2a, Removal and Protective Custody of a Child. 
(2)
 A final award of custody or parent-time may not be rendered until a report on that 
investigation, consistent with Section 
80-2-1005
, is received by the court. 
(3)
The Division of Child and Family Services shall conduct an investigation described in 
Subsection (1) within 30 days of the court's notice and request for an investigation. 
(4)
 In reviewing a report described in Subsection (2), the court shall comply with Sections 
78A-2-703
, 
78A-2-705
, and 
78B-15-612
81-5-612
.
Section 81, Section 
81-5-102
, which is renumbered from Section 78B-15-102 is renumbered 
and amended to read:
5. UNIFORM PARENTAGE ACT
1. General Provisions
78B-15-102
81-5-102
. Definitions for chapter.
As used in this chapter:
(1)
"Adjudicated father" means a man who has been adjudicated by a tribunal to be the 
father of a child.
(2)
"Alleged father" means a man who alleges himself to be, or is alleged to be, the genetic 
father or a possible genetic father of a child, but whose paternity has not been 
determined.
(3)
(a)
"Assisted reproduction" means a method of causing pregnancy other than sexual 
intercourse. 
(b)
"Assisted reproduction" includes:
(i)
intrauterine insemination;
(ii)
donation of eggs;
(iii)
donation of embryos;
(iv)
in vitro fertilization and transfer of embryos; 
and
or
(v)
intracytoplasmic sperm injection.
(4)
"Birth expenses" means all medical costs associated with the birth of a child, including 
the related expenses for the biological mother during her pregnancy and delivery.
(5)
(4)
(a)
"Birth mother" means the 
biological mother of a child
woman that gives 
birth to the child
.
(b)
"Birth mother" does not include a gestational mother.
(6)
(5)
"Child" means an individual of any age whose parentage may be determined under 
this chapter.
(6)
"Child support" means the same as that term is defined in Section 
81-6-101
.
(7)
"Child support services agency" means a public official or agency authorized under 
Title IV-D of the Social Security Act that has the authority to seek:
(a)
enforcement of support orders or laws relating to the duty of support;
(b)
establishment or modification of child support;
(c)
determination of parentage; or
(d)
location of child-support obligors and their income and assets.
(7)
(8)
"Commence" means to file the initial pleading seeking an adjudication of parentage 
in the appropriate tribunal of this state.
(8)
(9)
"Declarant father" means a male who
,
:
(a)
along with the 
biological
birth
 mother
,
 claims to be the genetic father of a child
,
;
and 
(b)
signs a voluntary declaration of paternity to establish the man's 
paternity
parentage
.
(9)
(10)
"Determination of parentage" means the establishment of the parent-child 
relationship by
:
(a)
the signing of a valid declaration of paternity under Part 3, Voluntary Declaration of 
Paternity
 Act,
;
 or 
(b)
adjudication by a tribunal.
(10)
(11)
(a)
"Donor" means an individual who produces eggs or sperm used for assisted 
reproduction, whether or not for consideration. 
(b)
"Donor" does not include:
(i)
a husband who provides sperm, or a wife who provides eggs, to be used for 
assisted reproduction by the wife;
(ii)
a woman who gives birth to a child by means of assisted reproduction, except as 
otherwise provided in Part 8, Gestational Agreement; 
or
(iii)
a parent under Part 7, Assisted Reproduction
, or 
; or
(iv)
an intended parent under Part 8, Gestational Agreement.
(11)
(12)
"Ethnic or racial group" means, for purposes of genetic testing, a recognized 
group that an individual identifies as all or part of the individual's ancestry or that is so 
identified by other information.
(12)
(13)
"Financial support" means
:
(a)
a base child support award as defined in Section 
81-6-101
,
;
(b)
all past-due support 
which
that
 accrues under an order for current periodic payments
,
;
 and 
(c)
sum certain judgments for past-due support.
(13)
(14)
(a)
"Genetic testing" means an analysis of genetic markers to exclude or 
identify a man as the father or a woman as the mother of a child. 
(b)
"Genetic testing" includes an analysis of one or a combination of the following:
(i)
deoxyribonucleic acid; or
(ii)
blood-group antigens, red-cell antigens, human-leukocyte antigens, serum 
enzymes, serum proteins, or red-cell enzymes.
(14)
(15)
"Gestational mother" means 
an adult woman who
a woman who:
(a)
is 18 years old or older; and
(b)
gives birth to a child under a gestational agreement.
(15)
(16)
"Man" means a male individual of any age.
(16)
"Medical support" means a provision in a support order that requires the purchase and 
maintenance of appropriate insurance for health and dental expenses of dependent 
children, and assigns responsibility for uninsured medical expenses.
(17)
"Parent" means an individual who has established a parent-child relationship under 
Section 
78B-15-201
.
(17)
"Obligee" means the same as that term is defined in Section 
81-6-101
.
(18)
"Obligor" means the same as that term is defined in Section 
81-6-101
.
(19)
"Parentage" means a parent-child relationship.
(18)
(20)
(a)
"Parent-child relationship" means the legal relationship between a child 
and a parent of the child
 as described in Section 
81-5-201
. 
(b)
"Parent-child relationship" includes
:
(i)
 the mother-child relationship
 and
; or
(ii)
the father-child relationship.
(19)
(21)
"Paternity
"Parentage
 index" means the likelihood of paternity calculated by 
computing the ratio between:
(a)
the likelihood that the tested man is the father, based on the genetic markers of the 
tested man and child, conditioned on the hypothesis that the tested man is the father 
of the child; and
(b)
the likelihood that the tested man is not the father, based on the genetic markers of 
the tested man and child, conditioned on the hypothesis that the tested man is not the 
father of the child and that the father is of the same ethnic or racial group as the 
tested man.
(20)
(22)
"Presumed father" means a man who, by operation of law under Section 
78B-15-204
81-5-204
, is recognized as the father of a child until that status is rebutted 
or confirmed 
as set forth in
in accordance with
 this chapter.
(21)
(23)
"Probability of 
paternity
parentage
" means the measure, for the ethnic or racial 
group to which the alleged father belongs, of the probability that the man in question is 
the father of the child, compared with a random, unrelated man of the same ethnic or 
racial group, expressed as a percentage incorporating the 
paternity
parentage
 index and 
a prior probability.
(22)
(24)
"Record" means information that is inscribed on a tangible medium or that is 
stored in an electronic or other medium and is retrievable in perceivable form.
(23)
(25)
"Signatory" means an individual who authenticates a record and is bound by 
its
the record's
 terms.
(24)
(26)
"State" means a state of the United States, the District of Columbia, Puerto Rico, 
the United States Virgin Islands, any territory, Native American Tribe, or insular 
possession subject to the jurisdiction of the United States.
(27)
"Support" means the same as that term is defined in Section 
81-6-101
.
(25)
"Support-enforcement agency" means a public official or agency authorized under 
Title IV-D of the Social Security Act which has the authority to seek:
(a)
enforcement of support orders or laws relating to the duty of support;
(b)
establishment or modification of child support;
(c)
determination of parentage; or
(d)
location of child-support obligors and their income and assets.
(26)
(28)
"Tribunal" means a court of law, administrative agency, or quasi-judicial entity 
authorized to establish, enforce, or modify support orders or to determine parentage.
(29)
"Unmarried biological father" means the same as that term is defined in Section 
81-13-101
.
Section 82, Section 
81-5-103
, which is renumbered from Section 78B-15-103 is renumbered 
and amended to read:
78B-15-103
81-5-103
. Scope -- Choice of law -- Determination of maternity.
(1)
This chapter applies to determinations of parentage in this state.
(2)
The tribunal shall apply the law of this state to adjudicate the parent-child relationship. 
(3)
The applicable law may not depend upon:
(a)
the place of birth of the child; or
(b)
the past or present residence of the child.
(3)
(4)
This chapter may not create, enlarge, or diminish parental rights or duties under 
other laws of this state.
(5)
The provisions of this chapter relating to a determination of paternity also apply to a 
determination of maternity.
Section 83, Section 
81-5-104
, which is renumbered from Section 78B-15-104 is renumbered 
and amended to read:
78B-15-104
81-5-104
. Authority of Office of Recovery Services -- Duty of 
attorney general and county attorney.
(1)
(a)
Except as provided in Subsection 
78A-6-104(1)(a)(i)
, the district court has 
original jurisdiction over any action brought under this chapter.
(b)
If the juvenile court has concurrent jurisdiction under Subsection 
78A-6-104(1)(a)(i)
over a paternity action filed in the district court, the district court may transfer 
jurisdiction over the paternity action to the juvenile court.
(2)
(1)
The Office of Recovery Services is authorized to establish 
paternity
parentage
 in 
accordance with this chapter, 
Title 26B, Chapter 9, Recovery Services and 
Administration of Child Support
, and 
Title 63G, Chapter 4, Administrative Procedures 
Act
.
(2)
Whenever the state commences an action under this chapter, the attorney general, or the 
county attorney of the county where the obligee resides, shall represent the state.
(3)
The attorney general or the county attorney does not represent or have an attorney-client 
relationship with the obligee or the obligor in carrying out the duties under this chapter.
(3)
A court shall, without adjudicating paternity, dismiss a petition that is filed under this 
chapter by an unmarried biological father if he is not entitled to consent to the adoption 
of the child under Sections 
78B-6-121
 and 
78B-6-122
.
Section 84, Section 
81-5-105
 is enacted to read:
81-5-105
. General requirements for parentage action or settlement -- Filing 
parentage with the Office of Vital Records and Statistics.
(1)
A court shall, without adjudicating parentage, dismiss a petition that is filed under this 
chapter by an unmarried biological father if the unmarried biological father is not 
entitled to consent to the adoption of the child as described in Section 
81-13-213
.
(2)
The standard of proof in a trial to establish parentage is "by clear and convincing 
evidence."
(3)
Utah Rule of Civil Procedure 55, Default, applies to a parentage action commenced 
under this chapter.
(4)
An agreement of settlement with an alleged father is binding only when approved by the 
tribunal.
(5)
If a parentage action is brought under this chapter, the obligor's liabilities for past 
support are limited to the period of four years preceding the commencement of an action.
(6)
(a)
If the tribunal determines that an alleged father is a parent of the child, the tribunal 
may upon the tribunal's own motion, or upon motion of the alleged father, order 
parent-time rights in accordance with Title 81, Chapter 9, Custody, Parent-time, and 
Visitation, as the tribunal considers appropriate under the circumstances.
(b)
Parent-time rights may not be granted to an alleged father if the child has been 
subsequently adopted.
(7)
A party to an action under this chapter has a continuing obligation to keep the tribunal 
informed of the party's current address.
(8)
A proceeding under this chapter is subject to other laws of this state governing the 
health, safety, privacy, and liberty of a child or other individual who could be 
jeopardized by disclosure of identifying information, including address, telephone 
number, place of employment, social security number, the child's day-care facility, or 
school.
(9)
An adjudication of parentage or declaration of paternity shall be filed with the Office of 
Vital Records and Statistics in accordance with Section 
26B-8-104
.
Section 85, Section 
81-5-201
, which is renumbered from Section 78B-15-201 is renumbered 
and amended to read:
2. Parent and Child Relationship
78B-15-201
81-5-201
. Establishment of parent-child relationship.
(1)
(a)
The mother-child relationship is established between a woman and a child by:
(i)
the woman's having given birth to the child, except as otherwise provided in 
Part 
8, Gestational Agreement
;
(ii)
an adjudication of the woman's maternity;
(iii)
adoption of the child by the woman;
(iv)
an adjudication confirming the woman as a parent of a child born to a gestational 
mother if the agreement was validated under 
Part 8, Gestational Agreement
, or is 
enforceable under other law; or
(v)
an unrebutted presumption of maternity of the child established in the same 
manner as under Section 
78B-15-204
81-5-204
.
(b)
In this chapter, the presumption of maternity shall be treated the same as a 
presumption of paternity as established in Subsection 
78B-15-201(2)(a)
(2)(a)
.
(2)
The father-child relationship is established between a man and a child by:
(a)
an unrebutted presumption of the man's paternity of the child under Section 
78B-15-204
81-5-204
;
(b)
an effective declaration of paternity by the man under 
Part 3, Voluntary Declaration 
of Paternity Act
Part 3, Voluntary Declaration of Paternity
, unless the declaration has 
been rescinded or successfully challenged;
(c)
an adjudication of the man's paternity;
(d)
adoption of the child by the man;
(e)
the man having consented to assisted reproduction by a woman under 
Part 7, 
Assisted Reproduction
, which resulted in the birth of the child; or
(f)
an adjudication confirming the man as a parent of a child born to a gestational mother 
if the agreement was validated under 
Part 8, Gestational Agreement
, or is enforceable 
under other law.
Section 86, Section 
81-5-202
, which is renumbered from Section 78B-15-202 is renumbered 
and amended to read:
78B-15-202
81-5-202
. No discrimination based on marital status.
A child born to parents who are not married to each other whose 
paternity
parentage
has been determined under this chapter has the same rights under the law as a child born to 
parents who are married to each other.
Section 87, Section 
81-5-203
, which is renumbered from Section 78B-15-203 is renumbered 
and amended to read:
78B-15-203
81-5-203
. Consequences of establishment of parentage.
Unless parental rights are terminated, a parent-child relationship established under this 
chapter applies for all purposes, except as otherwise specifically provided by other law of this 
state.
Section 88, Section 
81-5-204
, which is renumbered from Section 78B-15-204 is renumbered 
and amended to read:
78B-15-204
81-5-204
. Presumption of parentage.
(1)
A man is presumed to be the father of a child if:
(a)
he and the mother 
the man and the birth mother 
of the child are married to each 
other and the child is born during the marriage;
(b)
he and the mother
the man and the birth mother
 of the child were married to each 
other and the child is born within 300 days after the marriage is terminated by death, 
annulment, declaration of invalidity, or divorce, or after a decree of separation;
(c)
before the birth of the child, 
he and the mother
the man and the birth mother
 of the 
child married each other in apparent compliance with law, even if the attempted 
marriage is or could be declared invalid, and the child is born during the invalid 
marriage or within 300 days after 
its
the marriage's
 termination by death, annulment, 
declaration of invalidity, or divorce or after a decree of separation; or
(d)
after the birth of the child, 
he and the mother
the man and the birth mother
 of the 
child married each other in apparent compliance with law, whether or not the 
marriage is, or could be declared, invalid, 
he voluntarily asserted his paternity
the 
man voluntarily asserted the man's parentage
 of the child, and there is no other 
presumptive father of the child, and:
(i)
the assertion is in a record filed with the Office of Vital Records
 and Statistics
;
(ii)
he
the man
 agreed to be and is named as the child's father on the child's birth 
certificate; or
(iii)
he
the man
 promised in a record to support the child as his own.
(2)
A presumption of 
paternity
parentage
 established under this section may only be 
rebutted in accordance with Section 
78B-15-607
81-5-607
.
(3)
If a child has an adjudicated father, the results of genetic testing are inadmissable to 
challenge 
paternity except as set forth in Section 
78B-15-607
parentage except as 
described in Section 
81-5-607
.
Section 89, Section 
81-5-301
, which is renumbered from Section 78B-15-301 is renumbered 
and amended to read:
3. Voluntary Declaration of Paternity
78B-15-301
81-5-301
. Declaration of paternity.
The 
birth 
mother of a child and a man claiming to be the genetic father of the child may 
sign a declaration of paternity to establish the paternity of the child.
Section 90, Section 
81-5-302
, which is renumbered from Section 78B-15-302 is renumbered 
and amended to read:
78B-15-302
81-5-302
. Execution of declaration of paternity.
(1)
A declaration of paternity
 described in Section 
81-5-301
 must:
(a)
be in a record;
(b)
be signed, or otherwise authenticated, under penalty of perjury, by the 
birth 
mother 
and by the declarant father;
(c)
be signed by the birth mother and declarant father in the presence of two witnesses 
who are not related by blood or marriage; 
and
(d)
state that the child whose paternity is being declared:
(i)
does not have a presumed father, or has a presumed father whose full name is 
stated; and
(ii)
does not have another declarant or adjudicated father;
(e)
state whether there has been genetic testing and, if so, that the declarant man's claim 
of paternity is consistent with the results of the testing; and
(f)
state that the signatories understand that the declaration is the equivalent of a legal 
finding of paternity of the child and that a challenge to the declaration is permitted 
only under the limited circumstances described in Section 
78B-15-307
81-5-307
.
(2)
If 
either 
the birth mother or the declarant father is a minor
 child
, the voluntary 
declaration must also be signed by that 
minor's
minor child's
 parent or legal guardian.
(3)
A declaration of paternity is void if 
it
the declaration of paternity
:
(a)
states that another man is a presumed father, unless a denial of paternity signed or 
otherwise authenticated by the presumed father is filed with the Office of Vital 
Records
 and Statistics
 in accordance with Section 
78B-15-303
81-5-303
;
(b)
states that another man is a declarant or adjudicated father; or
(c)
falsely denies the existence of a presumed, declarant, or adjudicated father of the 
child.
(4)
A presumed father may sign or otherwise authenticate 
an acknowledgment of paternity
a declaration of paternity
.
(5)
The declaration of paternity shall be
:
(a)
in a form prescribed by the Office of Vital Records 
and shall be
and Statistics; and
(b)
accompanied with a written and verbal notice of the alternatives to, the legal 
consequences of, and the rights and responsibilities that arise from signing the 
declaration.
(6)
The 
Social Security
social security
 number of any 
person
individual
 who is subject to 
declaration of paternity shall be placed in the records relating to the matter.
(7)
(a)
The declaration of paternity shall become an amendment to the original birth 
certificate. 
(b)
The original certificate and the declaration shall be marked as to be distinguishable. 
(c)
The declaration may be included as part of subsequently issued certified copies of the 
birth certificate. 
(d)
Alternatively, electronically issued copies of a certificate may reflect the amended 
information and the date of the amendment only.
(8)
(a)
A declaration of paternity may be completed and signed any time after the birth of 
the child. 
(b)
A declaration of paternity may not be signed or filed after consent to or 
relinquishment for adoption has been signed.
(9)
A declaration of paternity shall be considered effective when filed and entered into a 
database established and maintained by the Office of Vital Records
 and Statistics
.
Section 91, Section 
81-5-303
, which is renumbered from Section 78B-15-303 is renumbered 
and amended to read:
78B-15-303
81-5-303
. Denial of paternity.
(1)
A presumed or declarant father may sign a denial of 
his paternity
the presumed or 
declarant father's paternity
. 
(2)
The denial is valid only if:
(1)
(a)
a declaration of paternity signed, or otherwise authenticated, by another man is 
filed 
pursuant to Section 
78B-15-305
in accordance with Section 
81-5-305
;
(2)
(b)
the denial is in a form prescribed by and filed with the Office of Vital Records
,
and Statistics
 and is signed, or otherwise authenticated, under penalty of perjury; and
(3)
(c)
the presumed or declarant father has not previously:
(a)
(i)
declared 
his
the presumed or declarant father's
 paternity, unless the previous 
declaration has been rescinded 
pursuant to Section 
78B-15-306
in accordance 
with Section 
81-5-306
 or successfully challenged 
pursuant to Section 
78B-15-307
in accordance with Section 
81-5-307
; or
(b)
(ii)
been adjudicated to be the father of the child.
Section 92, Section 
81-5-304
, which is renumbered from Section 78B-15-304 is renumbered 
and amended to read:
78B-15-304
81-5-304
. Rules for declaration and denial of paternity.
(1)
(a)
A declaration of paternity and a denial of paternity shall be contained in a single 
document. 
(b)
If the declaration 
and denial
of paternity and the denial of paternity
 are both 
necessary, neither is valid until both are signed and filed.
(2)
A declaration of paternity or a denial of paternity may not be signed before the birth of 
the child.
(3)
Subject to Subsection 
(1)
, a declaration of paternity or denial of paternity takes effect on 
the birth of the child or the filing of the document with the Office of Vital Records
 and 
Statistics
, whichever occurs later.
(4)
A declaration of paternity or denial of paternity signed by a minor and by the minor's 
parent or legal guardian is valid if 
it
the declaration of paternity or the denial of 
paternity
 is otherwise in compliance with this chapter.
Section 93, Section 
81-5-305
, which is renumbered from Section 78B-15-305 is renumbered 
and amended to read:
78B-15-305
81-5-305
. Effect of declaration or denial of paternity.
(1)
Except as otherwise provided in Sections 
78B-15-306
81-5-306
 and 
78B-15-307
81-5-307
, a valid declaration of paternity filed with the Office of Vital Records
 and 
Statistics
 is equivalent to a legal finding of 
paternity
parentage
 of a child and confers 
upon the declarant father all of the rights and duties of a parent.
(2)
(a)
When a declaration of paternity is filed, 
it
the declaration of paternity
 shall be 
recognized as a basis for a child support order without any further requirement or 
proceeding regarding the establishment of 
paternity
parentage
.
(a)
(b)
The liabilities of the 
declarant 
father include
, but are not limited to,
 the 
reasonable expense of the 
birth 
mother's pregnancy and confinement and for the 
education, necessary support, and any funeral expenses for the child.
(b)
(c)
When a father declares paternity, 
his
the father's
 liability
 under Subsection 
(2)(a)
 for past amounts due is limited to the period of four years immediately 
preceding the date that the voluntary declaration of paternity was filed.
(3)
(a)
Except as otherwise provided in Sections 
78B-15-306
81-5-306
 and 
78B-15-307
81-5-307
, a valid denial of paternity by a presumed or declarant father filed with the 
Office of Vital Records
 and Statistics
 in conjunction with a valid declaration of 
paternity is equivalent to a legal finding of the 
nonpaternity
nonparentage
 of the 
presumed or declarant father and discharges the presumed or declarant father from all 
rights and duties of a parent. 
(b)
If a valid denial of paternity is filed with the Office of Vital Records
, the declarant 
or presumed father
 and Statistics, the presumed or declarant father
 may not recover 
child support 
he
that was
 paid prior to the time of filing.
Section 94, Section 
81-5-306
, which is renumbered from Section 78B-15-306 is renumbered 
and amended to read:
78B-15-306
81-5-306
. Proceeding for rescission.
(1)
A signatory may rescind a declaration of paternity or denial of paternity by filing a 
voluntary rescission document with the Office of Vital Records
 and Statistics
 in a form 
prescribed by the 
office
Office of Vital Records and Statistics
 before the earlier of:
(a)
60 days after the effective date of the declaration or denial, as provided in Sections 
78B-15-303
81-5-303
 and 
78B-15-304
81-5-304
; or
(b)
the date of notice of the first adjudicative proceeding to which the signatory is a 
party, before a tribunal to adjudicate an issue relating to the child, including a 
proceeding that establishes support.
(2)
Upon receiving a voluntary rescission document from a signatory under Subsection 
(1)
, 
the Office of Vital Records
 and Statistics
 shall provide notice of the rescission, by mail, 
to the other signatory at the last-known address of that signatory.
Section 95, Section 
81-5-307
, which is renumbered from Section 78B-15-307 is renumbered 
and amended to read:
78B-15-307
81-5-307
. Challenge after expiration of period for rescission.
(1)
After the period for rescission under Section 
78B-15-306
81-5-306
 has expired, a 
signatory of a declaration of paternity or denial of paternity
, or a support-enforcement
or a child support services
 agency, may commence a proceeding to challenge the 
declaration or denial only on the basis of fraud, duress, or material mistake of fact.
(2)
A party challenging a declaration of paternity or denial of paternity has the burden of 
proof.
(3)
A challenge brought on the basis of fraud or duress may be commenced at any time.
(4)
(a)
A challenge brought on the basis of a material mistake of fact may be commenced 
within four years after the declaration is filed with the Office of Vital Records
 and 
Statistics
. 
(b)
For the purposes of this Subsection 
(4)
, if the declaration of paternity was filed with 
the Office of Vital Records 
prior to
and Statistics before
 May 1, 2005, a challenge 
may be brought within four years after May 1, 2005.
(5)
For purposes of Subsection 
(4)
, genetic test results that exclude a declarant father or that 
rebuttably identify another man as the father in accordance with Section 
78B-15-505
81-5-505
 constitute a material mistake of fact.
Section 96, Section 
81-5-308
, which is renumbered from Section 78B-15-308 is renumbered 
and amended to read:
78B-15-308
81-5-308
. Procedure for rescission or challenge.
(1)
Every signatory to a declaration of paternity and any related denial of paternity must be 
made a party to a proceeding to rescind or challenge the declaration or denial.
(2)
For the purpose of rescission of, or challenge to, a declaration of paternity or denial of 
paternity, a signatory submits to personal jurisdiction of this state by signing the 
declaration or denial, effective upon the filing of the document with the Office of Vital 
Records
 and Statistics
.
(3)
Except for good cause shown, during the pendency of a proceeding to rescind or 
challenge a declaration of paternity or denial of paternity, the tribunal may not suspend 
the legal responsibilities of a signatory arising from the declaration, including the duty to 
pay child support.
(4)
A proceeding to rescind or to challenge a declaration of paternity or denial of paternity 
must be conducted in the same manner as a proceeding to adjudicate parentage under 
Part 6, Adjudication of Parentage
.
(5)
At the conclusion of a proceeding to rescind or challenge a declaration of paternity or 
denial of paternity, the tribunal shall order the Office of Vital Records
 and Statistics
 to 
amend the birth record of the child, if appropriate.
(6)
If the declaration is rescinded, the declarant father may not recover child support 
he
that was
 paid prior to the entry of an order of rescission.
Section 97, Section 
81-5-309
, which is renumbered from Section 78B-15-309 is renumbered 
and amended to read:
78B-15-309
81-5-309
. Ratification barred.
A tribunal or administrative agency conducting a judicial or administrative proceeding 
may not ratify an unchallenged declaration of paternity.
Section 98, Section 
81-5-310
, which is renumbered from Section 78B-15-310 is renumbered 
and amended to read:
78B-15-310
81-5-310
. Full faith and credit.
A tribunal of this state shall give full faith and credit to a declaration of paternity or 
denial of paternity effective in another state if the declaration or denial has been signed and is 
otherwise in compliance with the law of the other state.
Section 99, Section 
81-5-311
, which is renumbered from Section 78B-15-311 is renumbered 
and amended to read:
78B-15-311
81-5-311
. Forms for declaration, denial, or rescission.
(1)
To facilitate compliance with this part, the Office of Vital Records
 and Statistics
 shall 
prescribe forms for the declaration
, denial, and rescission of paternity
 of paternity, the 
denial of paternity, and the rescission of a declaration of paternity
.
(2)
A valid declaration of paternity or denial of paternity is not affected by a later 
modification of the prescribed form.
Section 100, Section 
81-5-312
, which is renumbered from Section 78B-15-312 is renumbered 
and amended to read:
78B-15-312
81-5-312
. Release of information.
The Office of Vital Records
 and Statistics
 may release information relating to the 
declaration of paternity or denial of paternity to a signatory of the declaration or denial and to 
tribunals and federal, tribal, and state 
support-enforcement
child support services
 agencies of 
this
 state
 or another state.
Section 101, Section 
81-5-313
, which is renumbered from Section 78B-15-313 is renumbered 
and amended to read:
78B-15-313
81-5-313
. Rulemaking by Office of Vital Records and Statistics.
The Office of Vital Records
 and Statistics
 may adopt rules in accordance with 
Title 63G, 
Chapter 3, Utah Administrative Rulemaking Act
, to implement this part.
Section 102, Section 
81-5-401
, which is renumbered from Section 78B-15-401 is renumbered 
and amended to read:
4. Registry
78B-15-401
81-5-401
. Maintenance of records.
(1)
The Office of Vital Records
 and Statistics
 shall register the following records 
which
that
 are filed with the office:
(a)
all declarations of paternity;
(b)
all judicial and administrative determinations of 
paternity
parentage
; and
(c)
all notices of proceedings to establish 
paternity which are filed pursuant to Sections 
78B-6-110
, 
78B-6-120
, 
78B-6-121
, and 
78B-6-122
parentage that are filed in 
accordance with Sections 
81-13-207
, 
81-13-212
, and 
81-13-213
.
(2)
A notice of initiation of 
paternity
parentage
 proceedings may not be accepted into the 
registry unless accompanied by a copy of the pleading 
which
that
 has been filed with 
the court to establish 
paternity
parentage
.
(3)
A notice of initiation of 
paternity
parentage
 proceedings may not be filed if another 
man is the adjudicated or declarant father.
Section 103, Section 
81-5-402
, which is renumbered from Section 78B-15-402 is renumbered 
and amended to read:
78B-15-402
81-5-402
. Effect of registration.
(1)
An unmarried biological father who desires to be notified of a proceeding for adoption 
of a child must file a notice of the initiation of 
paternity
parentage
 proceedings as 
required by Sections 
78B-6-110
, 
78B-6-120
, 
78B-6-121
, and 
78B-6-122
81-13-207
, 
81-13-212
, and 
81-13-213
.
(2)
A registrant shall promptly notify the registry in a record of any change in the 
information registered. 
(3)
The Office of Vital Records
 and Statistics
 shall incorporate all new information 
received into its records but need not affirmatively seek to obtain current information for 
incorporation in the registry.
Section 104, Section 
81-5-403
, which is renumbered from Section 78B-15-403 is renumbered 
and amended to read:
78B-15-403
81-5-403
. Notice of proceeding.
Notice of an adoption proceeding shall be given to 
unmarried biological fathers 
pursuant to Section 
78B-6-110
an unmarried biological father as described in Section 
81-13-207
.
Section 105, Section 
81-5-404
, which is renumbered from Section 78B-15-404 is renumbered 
and amended to read:
78B-15-404
81-5-404
. Required form.
(1)
(a)
The Office of Vital Records
 and Statistics
 shall prepare a form to be filed with the 
agency. 
(b)
The form shall require the signature of the registrant and state that the form is signed 
under penalty of perjury.
(2)
The form shall also state that:
(a)
a timely filing of notice of the initiation of 
paternity proceedings which
parentage 
proceedings that
 is filed pursuant to Subsection 
78B-15-402(1)
81-5-402(1)
 entitles 
the registrant to notice of a proceeding for adoption of the child;
(b)
a timely filing does not commence a proceeding to establish 
paternity
parentage
;
(c)
the information disclosed on the form may be used against the registrant to establish 
paternity
parentage
;
(d)
services to assist in establishing 
paternity
parentage
 of a child who is not placed for 
adoption are available to the registrant through the Office of Recovery Services;
(e)
the registrant should also file in another state if conception or birth of the child 
occurred in the other state;
(f)
information on registries of other states is available from the Office of Vital Records
and Statistics
; and
(g)
procedures exist to remove the filing of a proceeding to establish 
paternity
parentage
if the proceeding is dismissed, or if a finding of 
paternity
parentage
 is rescinded or 
set aside under this chapter.
Section 106, Section 
81-5-405
, which is renumbered from Section 78B-15-405 is renumbered 
and amended to read:
78B-15-405
81-5-405
. Furnishing of information -- Confidentiality.
(1)
(a)
The Office of Vital Records
 and Statistics
 shall send a copy of the filing to a 
person or entity 
set forth
described
 in Subsection 
(2)
, who has requested a copy. 
(b)
The copy of the filing shall be sent to the most recent address provided by the 
requestor.
(2)
Information contained in records 
which
that
 are filed pursuant to Section 
78B-15-401
81-5-401
 is confidential and may be released on request only to:
(a)
a tribunal or a person designated by the tribunal;
(b)
the 
birth 
mother of the child who is the subject of the filing;
(c)
an agency authorized by other law to receive the information;
(d)
a licensed child-placing agency;
(e)
the Office of Recovery Services, the Office of the Attorney General, or a 
support-enforcement
child support services
 agency of another state or tribe;
(f)
a party or the party's attorney of record in a proceeding under this chapter or in a 
proceeding for adoption of, or for termination of parental rights regarding, a child 
who is the subject of the filing; and
(g)
the registry of 
paternity
parentage
 in another state.
Section 107, Section 
81-5-406
, which is renumbered from Section 78B-15-406 is renumbered 
and amended to read:
78B-15-406
81-5-406
. Penalty for releasing information.
A person who intentionally or knowingly, releases confidential information from the 
Office of Vital Records 
which is filed pursuant to Section 
78B-15-401
and Statistics that is 
filed in accordance with Section 
81-5-401
 to a person or agency not authorized to receive the 
information under Section 
78B-15-405
81-5-405
 is guilty of a class B misdemeanor.
Section 108, Section 
81-5-407
, which is renumbered from Section 78B-15-407 is renumbered 
and amended to read:
78B-15-407
81-5-407
. Removal of registration -- Rulemaking authority.
The Office of Vital Records
 and Statistics
 may remove a registration in accordance with 
rules adopted by the 
office
Office of Vital Records and Statistics
 in accordance with 
Title 
63G, Chapter 3, Utah Administrative Rulemaking Act
.
Section 109, Section 
81-5-408
, which is renumbered from Section 78B-15-408 is renumbered 
and amended to read:
78B-15-408
81-5-408
. Fees for registry.
(1)
A fee may not be charged to remove a registration.
(2)
Except as otherwise provided in Subsection 
(3)
, the Office of Vital Records
 and 
Statistics
 may charge a reasonable fee for registering records pursuant to Section 
78B-15-401
81-5-401
, making a search of the registry, and for furnishing a certificate.
(3)
The Office of Recovery Services, the Office of the Attorney General, and 
support-enforcement
child support services
 agencies of other states or tribes may not be 
required to pay the fee authorized by Subsection 
(2)
.
Section 110, Section 
81-5-409
, which is renumbered from Section 78B-15-409 is renumbered 
and amended to read:
78B-15-409
81-5-409
. Search of records -- Certificate.
(1)
Upon the request of an individual, tribunal, or agency identified in Section 
78B-15-405
81-5-405
, the Office of Vital Records
 and Statistics
 shall search its records for any 
registration made 
pursuant to Section 
78B-15-401
in accordance with Section 
81-5-401
and furnish to the requestor a certificate of search 
which
that
 shall be signed on behalf 
of the 
office
Office of Vital Records and Statistics
 and state that:
(a)
a search has been made of the records of the Office of Vital Records
 and Statistics
; 
and
(b)
a registration containing the information required to identify the registrant:
(i)
has been found and is attached to the certificate of search; or
(ii)
has not been found.
(2)
A petitioner shall file the certificate of search with the tribunal in connection with a 
proceeding for adoption.
Section 111, Section 
81-5-410
, which is renumbered from Section 78B-15-410 is renumbered 
and amended to read:
78B-15-410
81-5-410
. Admissibility of information.
A certificate of search of the registry of 
paternity
parentage
 in this or another state is 
admissible in a proceeding for adoption of a child and, if relevant, in other legal proceedings.
Section 112, Section 
81-5-501
, which is renumbered from Section 78B-15-501 is renumbered 
and amended to read:
5. Genetic Testing
78B-15-501
81-5-501
. Scope of part.
This part governs genetic testing of an individual to determine parentage, whether the 
individual:
(1)
voluntarily submits to testing; or
(2)
is tested pursuant to an order of a tribunal or a 
support-enforcement
child support 
services
 agency.
Section 113, Section 
81-5-502
, which is renumbered from Section 78B-15-502 is renumbered 
and amended to read:
78B-15-502
81-5-502
. Order for testing.
(1)
Upon the motion of any party to the action, except as otherwise provided in this part and 
Part 6, Adjudication of Parentage
, the tribunal shall order the child and other designated 
individuals to submit to genetic testing if the request for testing is supported by the 
sworn statement of a party to the proceeding:
(a)
alleging 
paternity
parentage
 and stating facts establishing a reasonable probability 
of the requisite sexual contact between the individuals; or
(b)
denying 
paternity
parentage
 and stating facts establishing a possibility that sexual 
contact between the individuals, if any, did not result in the conception of the child.
(2)
If a request for genetic testing of a child is made before birth, the tribunal may not order 
in-utero testing.
(3)
If two or more 
men
individuals
 are subject to an order for genetic testing, the testing 
may be ordered concurrently or sequentially.
Section 114, Section 
81-5-503
, which is renumbered from Section 78B-15-503 is renumbered 
and amended to read:
78B-15-503
81-5-503
. Requirements for genetic testing.
(1)
Genetic testing must be of a type reasonably relied upon by experts in the field of 
genetic testing and performed in a testing laboratory accredited by:
(a)
the American Association of Blood Banks, or a successor to its functions;
(b)
the American Society for Histocompatibility and Immunogenetics, or a successor to 
its functions; or
(c)
an accrediting body designated by the federal Secretary of Health and Human 
Services.
(2)
(a)
A specimen used in genetic testing may consist of one or more samples, or a 
combination of samples, of blood, buccal cells, bone, hair, or other body tissue or 
fluid. 
(b)
The specimen used in the testing need not be of the same kind for each individual 
undergoing genetic testing.
Section 115, Section 
81-5-504
, which is renumbered from Section 78B-15-504 is renumbered 
and amended to read:
78B-15-504
81-5-504
. Report of genetic testing.
(1)
(a)
A report of genetic testing must be in a record and signed under penalty of perjury 
by a designee of the testing laboratory. 
(b)
A report made under the requirements of this part is self-authenticating.
(2)
Documentation from the testing laboratory of the following information is sufficient to 
establish a reliable chain of custody that allows the results of genetic testing to be 
admissible without testimony:
(a)
the names and photographs of the individuals whose specimens have been taken;
(b)
the names of the individuals who collected the specimens;
(c)
the places and dates the specimens were collected;
(d)
the names of the individuals who received the specimens in the testing laboratory;
(e)
the dates the specimens were received; and
(f)
the fingerprints of the individuals whose specimens have been taken.
Section 116, Section 
81-5-505
, which is renumbered from Section 78B-15-505 is renumbered 
and amended to read:
78B-15-505
81-5-505
. Genetic testing results -- Rebuttal.
(1)
Under this chapter, a man is presumed to be identified as the father of a child if the 
genetic testing complies with this part and the results disclose that:
(a)
the man has at least a 99% probability of 
paternity
parentage
, using a prior 
probability of 0.50, as calculated by using the combined 
paternity
parentage
 index 
obtained in the testing; and
(b)
a combined 
paternity
parentage
 index of at least 100 to 1.
(2)
A man identified under Subsection 
(1)
 as the father of the child may rebut the genetic 
testing results only by other genetic testing satisfying the requirements of this part 
which
that
:
(a)
excludes the man as a genetic father of the child; or
(b)
identifies another man as the possible father of the child.
(3)
(a)
If an issue is raised as to whether the appropriate ethnic or racial group database 
was used by the testing laboratory, the testing laboratory will be asked to rerun the 
test using the correct ethnic or racial group database. 
(b)
If the testing laboratory does not have an adequate database, another testing 
laboratory may be engaged to perform the calculations.
(4)
If a presumption of 
paternity
parentage
 is not rebutted by a second test, the tribunal 
shall issue an order establishing 
paternity
parentage
.
Section 117, Section 
81-5-506
, which is renumbered from Section 78B-15-506 is renumbered 
and amended to read:
78B-15-506
81-5-506
. Costs of genetic testing.
(1)
Subject to assessment of costs under 
Part 6, Adjudication of Parentage
, the cost of initial 
genetic testing shall be advanced:
(a)
by a 
support-enforcement
child support services
 agency in a proceeding in which 
the 
support-enforcement
child support services
 agency is providing services;
(b)
by the individual who made the request;
(c)
as agreed by the parties; or
(d)
as ordered by the tribunal.
(2)
In cases in which the cost is advanced by the 
support-enforcement
child support 
services
 agency, the agency may seek reimbursement from a man who is rebuttably 
identified as the father
 of the child
.
Section 118, Section 
81-5-507
, which is renumbered from Section 78B-15-507 is renumbered 
and amended to read:
78B-15-507
81-5-507
. Additional genetic testing.
(1)
The tribunal shall order additional genetic testing upon the request of a party who 
contests the result of the original testing. 
(2)
If the previous genetic testing identified a man as the father of the child under Section 
78B-15-505
81-5-505
, the tribunal may not order additional testing unless the party 
provides advance payment for the testing. 
(3)
If the tribunal orders a second genetic test in accordance with this section, the additional 
testing must be completed within 45 days of the tribunal's order or the requesting party's 
objection to the first test will be automatically denied. 
(4)
If failure to complete the test occurs because of noncooperation of the
 birth
 mother or 
unavailability of the child, the time will be tolled.
Section 119, Section 
81-5-508
, which is renumbered from Section 78B-15-508 is renumbered 
and amended to read:
78B-15-508
81-5-508
. Genetic testing when specimens not available.
(1)
Subject to Subsection 
(2)
, if a genetic-testing specimen is not available from a man who 
may be the father of a child, for good cause and under extraordinary circumstances the 
tribunal considers to be just, the tribunal may order the following individuals to submit 
specimens for genetic testing:
(a)
the parents of the man;
(b)
brothers and sisters of the man;
(c)
other children of the man and their mothers; and
(d)
other relatives of the man necessary to complete genetic testing.
(2)
Issuance of an order under this section requires a finding that a need for genetic testing 
outweighs the legitimate interests of the individual sought to be tested.
Section 120, Section 
81-5-509
, which is renumbered from Section 78B-15-509 is renumbered 
and amended to read:
78B-15-509
81-5-509
. Deceased individual.
For good cause shown, the tribunal may order genetic testing of a deceased individual.
Section 121, Section 
81-5-510
, which is renumbered from Section 78B-15-510 is renumbered 
and amended to read:
78B-15-510
81-5-510
. Identical brothers.
(1)
The tribunal may order genetic testing of a brother of a man identified as the father of a 
child if the man is commonly believed to have an identical brother and evidence 
suggests that the brother may be the genetic father of the child.
(2)
If each brother satisfies the requirements as the identified father of the child under 
Section 
78B-15-505
81-5-505
 without consideration of another identical brother being 
identified as the father of the child, the tribunal may rely on nongenetic evidence to 
adjudicate which brother is the father of the child.
Section 122, Section 
81-5-511
, which is renumbered from Section 78B-15-511 is renumbered 
and amended to read:
78B-15-511
81-5-511
. Confidentiality of genetic testing.
Release of the report of genetic testing for parentage is controlled by 
Title 63G, Chapter 
2, Government Records Access and Management Act
.
Section 123, Section 
81-5-601
, which is renumbered from Section 78B-15-601 is renumbered 
and amended to read:
6. Adjudication of Parentage
78B-15-601
81-5-601
. Definitions for part -- Proceeding authorized.
(1)
As used in this part, "divorce" includes an annulment.
(1)
(2)
An adjudicative proceeding may be maintained to determine the parentage of a 
child. 
(3)
A judicial proceeding is governed by the 
rules of civil procedure
Utah Rules of Civil 
Procedure
. 
(4)
An administrative proceeding is governed by 
Title 63G, Chapter 4, Administrative 
Procedures Act
.
(2)
For the purposes of this part, "divorce" also includes an annulment.
Section 124, Section 
81-5-602
, which is renumbered from Section 78B-15-602 is renumbered 
and amended to read:
78B-15-602
81-5-602
. Standing to maintain proceeding.
Subject to 
Part 3, Voluntary Declaration of Paternity Act
Part 3, Voluntary Declaration 
of Paternity
, and Sections 
78B-15-607
 and 
78B-15-609
81-5-607
 and 
81-5-609
, a proceeding 
to adjudicate parentage may be maintained by:
(1)
the child;
(2)
the 
birth 
mother of the child;
(3)
a man whose paternity of the child is to be adjudicated;
(4)
the 
support-enforcement
child support services
 agency or other governmental agency 
authorized by other law;
(5)
an authorized adoption agency or licensed child-placing agency;
(6)
a representative authorized by law to act for an individual who would otherwise be 
entitled to maintain a proceeding but who is deceased, incapacitated, or a minor
 child
; or
(7)
an intended parent under 
Part 8, Gestational Agreement
.
Section 125, Section 
81-5-603
, which is renumbered from Section 78B-15-603 is renumbered 
and amended to read:
78B-15-603
81-5-603
. Parties to proceeding.
The following individuals shall be joined as parties in a proceeding to adjudicate 
parentage:
(1)
the 
birth 
mother of the child;
(2)
a man whose paternity of the child is to be adjudicated; and
(3)
the state in accordance with Section 
81-6-106
.
Section 126, Section 
81-5-604
, which is renumbered from Section 78B-15-604 is renumbered 
and amended to read:
78B-15-604
81-5-604
. Personal jurisdiction.
(1)
An individual may not be adjudicated to be a parent unless the tribunal has personal 
jurisdiction over the individual.
(2)
A tribunal of this state having jurisdiction to adjudicate parentage may exercise personal 
jurisdiction over a nonresident individual, or the guardian or conservator of the 
individual, if the conditions prescribed in Section 
78B-14-201
81-8-201
 are fulfilled, or 
the individual has signed a declaration of paternity.
(3)
Lack of jurisdiction over one individual does not preclude the tribunal from making an 
adjudication of parentage binding on another individual over whom the tribunal has 
personal jurisdiction.
Section 127, Section 
81-5-605
, which is renumbered from Section 78B-15-605 is renumbered 
and amended to read:
78B-15-605
81-5-605
. Venue for a parentage proceeding.
Venue for a judicial proceeding to adjudicate parentage is in the county of this state
(1)
Notwithstanding Title 78B, Chapter 3a, Venue for Civil Actions, a person shall bring a 
proceeding to adjudicate parentage in the county
 in which:
(1)
(a)
the child resides or is found;
(2)
(b)
the respondent resides or is found if the child does not reside in this state; or
(3)
(c)
a proceeding for probate or administration of the presumed or alleged father's 
estate has been commenced.
(2)
Subsection 
(1)
 does not apply to a proceeding brought in the Business and Chancery 
Court.
Section 128, Section 
81-5-606
, which is renumbered from Section 78B-15-606 is renumbered 
and amended to read:
78B-15-606
81-5-606
. No limitation -- Child having no declarant or adjudicated 
father.
(1)
A proceeding to adjudicate the parentage of a child having no declarant or 
adjudicated father may be commenced at any time. 
(2)
If initiated after the child becomes an adult, only the child may initiate the proceeding.
Section 129, Section 
81-5-607
, which is renumbered from Section 78B-15-607 is renumbered 
and amended to read:
78B-15-607
81-5-607
. Limitation -- Child having presumed father.
(1)
Paternity
(a)
Parentage
 of a child conceived or born during a marriage with a presumed father, as 
described in Subsection 
78B-15-204(1)(a)
, 
(b)
, or 
(c)
, 
81-5-204
(1)(a), (b), or (c) 
may be raised by the presumed father, 
the mother, or a support enforcement agency
the birth mother, or a child support services agency
 at any time before filing an action 
for divorce or in the pleadings at the time of the divorce of the parents.
(a)
(b)
(i)
If the issue is raised prior to the adjudication, genetic testing may be ordered by 
the tribunal in accordance with Section 
78B-15-608
81-5-608
. 
(ii)
Failure of the 
birth 
mother of the child to appear for testing may result in an order 
allowing a motherless calculation of 
paternity
parentage
. 
(iii)
Failure of the 
birth 
mother to make the child available may not result in a 
determination that the presumed father is not the father, but shall allow for 
appropriate proceedings to compel the cooperation of the
 birth
 mother. 
(iv)
If the question of 
paternity
parentage
 has been raised in the pleadings in a 
divorce and the tribunal addresses the issue and enters an order, the parties are 
estopped from raising the issue again, and the order of the tribunal may not be 
challenged on the basis of material mistake of fact.
(b)
(c)
If the presumed father seeks to rebut the presumption of 
paternity
parentage
, 
then denial of a motion seeking an order for genetic testing or a decision to disregard 
genetic test results shall be based on a preponderance of the evidence.
(c)
(d)
If the
 birth
 mother seeks to rebut the presumption of 
paternity
parentage
, the 
birth 
mother has the burden to show by a preponderance of the evidence that it would 
be in the best interests of the child to disestablish the parent-child relationship.
(d)
(e)
(i)
If a 
support enforcement agency
child support services agency
 seeks to rebut 
the presumption of parentage and the 
presumptive parent
presumed father
opposes the rebuttal, the agency's request shall be denied. 
(ii)
Otherwise, the denial of the agency's motion seeking an order for genetic testing 
or a decision to disregard genetic test results shall be based on a preponderance of 
the evidence, taking into account the best interests of the child.
(2)
For the presumption outside of marriage described in Subsection 
78B-15-204(1)(d)
81-5-204(1)(d)
, the presumption may be rebutted at any time if the tribunal determines 
that the presumed father and the 
birth 
mother of the child neither cohabited nor engaged 
in sexual intercourse with each other during the probable time of conception.
(3)
The presumption may be rebutted by:
(a)
genetic test results that exclude the presumed father;
(b)
genetic test results that rebuttably identify another man as the father in accordance 
with Section 
78B-15-505
81-5-505
;
(c)
evidence that the presumed father and the 
birth 
mother of the child neither cohabited 
nor engaged in sexual intercourse with each other during the probable time of 
conception; or
(d)
an adjudication under this part.
(4)
There is no presumption to rebut if the presumed father was properly served and there 
has been a final adjudication of the issue.
Section 130, Section 
81-5-608
, which is renumbered from Section 78B-15-608 is renumbered 
and amended to read:
78B-15-608
81-5-608
. Authority to deny motion for genetic testing or disregard 
test results.
(1)
In a proceeding to adjudicate the parentage of a child having a presumed father or to 
challenge the 
paternity
parentage
 of a child having a declarant father, the tribunal may 
deny a motion seeking an order for genetic testing of the 
birth 
mother, the child, and the 
presumed or declarant father, or if testing has been completed, the tribunal may 
disregard genetic test results that exclude the presumed or declarant father if the tribunal 
determines that:
(a)
the conduct of the 
birth 
mother or the presumed or declarant father estops that party 
from denying parentage; and
(b)
it would be inequitable to disrupt the 
father
parent
-child relationship between the 
child and the presumed or declarant father.
(2)
In determining whether to deny a motion seeking an order for genetic testing or to 
disregard genetic test results under this section, the tribunal shall consider the best 
interest of the child, including the following factors:
(a)
the length of time between the proceeding to adjudicate parentage and the time that 
the presumed or declarant father was placed on notice that 
he
the presumed or 
declarant father
 might not be the genetic father
 of the child
;
(b)
the length of time during which the presumed or declarant father has assumed the 
role of 
father
parent
 of the child;
(c)
the facts surrounding the presumed or declarant father's discovery of 
his possible 
nonpaternity
the father's possible nonparentage
;
(d)
the nature of the relationship between the child and the presumed or declarant father;
(e)
the age of the child;
(f)
the harm that may result to the child if presumed or declared 
paternity
parentage
 is 
successfully disestablished;
(g)
the nature of the relationship between the child and any alleged father;
(h)
the extent to which the passage of time reduces the chances of establishing the 
paternity of another man
parentage of another individual
 and a child-support 
obligation in favor of the child; and
(i)
other factors that may affect the equities arising from the disruption of the 
father
parent
-child relationship between the child and the presumed or declarant father or 
the chance of other harm to the child.
(3)
If the tribunal denies a motion seeking an order for genetic testing or disregards genetic 
test results that exclude the presumed or declarant father, 
it
the tribunal
 shall issue an 
order adjudicating the presumed or declarant father to be the father of the child.
Section 131, Section 
81-5-609
, which is renumbered from Section 78B-15-609 is renumbered 
and amended to read:
78B-15-609
81-5-609
. Limitation -- Child having declarant father.
(1)
If a child has a declarant father, a signatory to the declaration of paternity or denial of 
paternity or a support-enforcement
parentage or a child support services
 agency may 
commence a proceeding seeking to rescind the declaration or denial or challenge the 
paternity
parentage
 of the child only within the time allowed under Section 
78B-15-306
or 
78B-15-307
81-5-306
 or 
81-5-307
.
(2)
A proceeding under this section is subject to the application of the principles of estoppel 
established in Section 
78B-15-608
81-5-608
.
Section 132, Section 
81-5-610
, which is renumbered from Section 78B-15-610 is renumbered 
and amended to read:
78B-15-610
81-5-610
. Joinder of judicial proceedings -- Court reliance of 
custody and parent-time standards.
(1)
Except as otherwise provided in Subsection (2), a judicial proceeding to adjudicate 
parentage may be joined with a proceeding for adoption, termination of parental rights, 
child custody or visitation, child support, divorce, annulment, legal separation or 
separate maintenance, probate or administration of an estate, or other appropriate 
proceeding.
(2)
A respondent may not join a proceeding described in Subsection (1) with a proceeding 
to adjudicate parentage brought under 
Title 78B, Chapter 14, Utah Uniform Interstate 
Family Support Act
Chapter 8, Uniform Interstate Family Support Act
.
(3)
A court may determine issues of custody, parent-time, visitation, and child support in 
accordance with 
Title 81, 
Chapter 6, Child Support,
 Chapter 7, Payment and 
Enforcement of Spousal and Child Support,
 and 
Title 81, 
Chapter 9, Custody, 
Parent-time, and Visitation.
(4)
(a)
If a parentage action is determining issues of custody or parent-time for a child 
and the parents of the child are not married, the parties shall attend the mandatory 
parenting course described in Subsection 
81-9-103(1)(b)
 within:
(i)
for the petitioner, 60 days after the day on which the petition is filed; and
(ii)
for the respondent, 30 days after the day on which the respondent is served.
(b)
The clerk of the court shall provide notice to a petitioner that the petitioner is 
required to attend the parenting course.
(c)
A petition shall include information regarding the parenting course when the petition 
is served on the respondent.
(d)
The court may not grant a final custody or parent-time order in a parentage action 
until:
(i)
both parties have attended the parenting course; and
(ii)
both parties have presented a certificate of course completion to the court.
(5)
For a party that is unable to pay the costs of the parenting course, and before the court 
enters an order for custody or parent-time in the parentage action, the court shall:
(a)
make a final determination of indigency; and
(b)
order the party to pay the costs of the parenting course if the court determines the 
party is not indigent.
(6)
(a)
Notwithstanding Subsection (4), the court may waive the requirement that the 
parties attend the parenting course, on the court's own motion or on the motion of one 
of the parties, if the court determines course attendance and completion are not 
necessary, appropriate, or feasible, or in the best interest of the parties.
(b)
If the requirement is waived, the court may proceed with entering a final custody or 
parent-time order.
Section 133, Section 
81-5-611
, which is renumbered from Section 78B-15-611 is renumbered 
and amended to read:
78B-15-611
81-5-611
. Proceeding before birth.
(1)
A proceeding to determine parentage may be commenced before the birth of the 
child, but may not be concluded until after the birth of the child. 
(2)
The following actions may be taken before the birth of the child:
(1)
(a)
service of process;
(2)
(b)
discovery; and
(3)
(c)
except as prohibited by Section 
78B-15-502
81-5-502
, collection of specimens 
for genetic testing.
Section 134, Section 
81-5-612
, which is renumbered from Section 78B-15-612 is renumbered 
and amended to read:
78B-15-612
81-5-612
. Minor child as party -- Representation.
(1)
A minor
 child
 is a permissible party, but is not a necessary party to a proceeding under 
this part.
(2)
The tribunal may appoint an attorney guardian ad litem under Sections 
78A-2-703
 and 
78A-2-803
, or a private attorney guardian ad litem under Section 
78A-2-705
, to 
represent 
a minor or
a minor child or an
 incapacitated child if the child is a party.
Section 135, Section 
81-5-613
, which is renumbered from Section 78B-15-613 is renumbered 
and amended to read:
78B-15-613
81-5-613
. Admissibility of results of genetic testing -- Expenses.
(1)
(a)
Except as otherwise provided in Subsection 
(3)
, a record of a genetic-testing 
expert is admissible as evidence of the truth of the facts asserted in the report unless a 
party objects to its admission within 14 days after its receipt by the objecting party 
and cites specific grounds for exclusion. 
(b)
Unless a party files a timely objection, testimony shall be in affidavit form. 
(c)
The admissibility of the report is not affected by whether the testing was performed:
(a)
(i)
voluntarily or pursuant to an order of the tribunal; or
(b)
(ii)
before or after the commencement of the proceeding.
(2)
(a)
A party objecting to the results of genetic testing may call one or more 
genetic-testing experts to testify in person or by telephone, video conference, 
deposition, or another method approved by the tribunal. 
(b)
Unless otherwise ordered by the tribunal, the party offering the testimony bears the 
expense for the expert testifying.
(3)
If a child has a presumed or declarant father, the results of genetic testing are 
inadmissible to adjudicate parentage unless performed:
(a)
pursuant to Section 
78B-15-503
in accordance with Section 
81-5-503
;
(b)
within the time periods 
set forth
described
 in this chapter; 
and
(c)
pursuant to a tribunal order or administrative process; or
(d)
with the consent of both the mother and the presumed or declarant father.
(4)
If a child has an adjudicated father, the results of genetic testing are inadmissible to 
challenge 
paternity
parentage
 except as set forth in Sections 
78B-15-607
 and 
78B-15-608
81-5-607
 and 
81-5-608
.
(5)
Copies of bills for genetic testing and for prenatal and postnatal health care for the
 birth
mother and child which are furnished to the adverse party not less than 10 days before 
the date of a hearing are admissible to establish:
(a)
the amount of the charges billed; and
(b)
that the charges were reasonable, necessary, and customary.
Section 136, Section 
81-5-614
, which is renumbered from Section 78B-15-614 is renumbered 
and amended to read:
78B-15-614
81-5-614
. Consequences of failing to submit to genetic testing.
(1)
An order for genetic testing is enforceable by contempt.
(2)
If an individual whose 
paternity
parentage
 is being determined fails to submit to 
genetic testing ordered by the tribunal, the tribunal for that reason may adjudicate 
parentage contrary to the position of that individual.
(3)
(a)
Genetic testing of the 
birth 
mother of a child is not a condition precedent to testing 
the child and a man whose paternity is being determined. 
(b)
If the 
birth 
mother is unavailable or fails to submit to genetic testing, the tribunal 
may order the testing of the child and every man who is potentially the father of the 
child.
Section 137, Section 
81-5-615
, which is renumbered from Section 78B-15-615 is renumbered 
and amended to read:
78B-15-615
81-5-615
. Admission of parentage authorized.
(1)
A respondent in a proceeding to adjudicate parentage may admit to the 
paternity
parentage
 of a child by filing a pleading to that effect or by admitting 
paternity
parentage
 under penalty of perjury when making an appearance or during a hearing.
(2)
If the tribunal finds that the admission of 
paternity
parentage
 satisfies the requirements 
of this section and finds that there is no reason to question the admission, the tribunal 
shall issue an order adjudicating the child to be the child of the man admitting 
paternity
parentage
.
Section 138, Section 
81-5-616
, which is renumbered from Section 78B-15-616 is renumbered 
and amended to read:
78B-15-616
81-5-616
. Temporary order.
(1)
In a proceeding under this part, the tribunal shall issue a temporary order for support of 
a child if the order is appropriate and the individual ordered to pay support is:
(a)
a presumed father of the child;
(b)
petitioning to 
have his paternity adjudicated
be adjudicated a parent
;
(c)
identified as the father through genetic testing under Section 
78B-15-505
81-5-505
;
(d)
an alleged father who has failed to submit to genetic testing;
(e)
shown by clear and convincing evidence to be the father of the child; or
(f)
the 
birth 
mother of the child.
(2)
A temporary tribunal order may include provisions for custody and visitation as 
provided by other laws of this state.
Section 139, Section 
81-5-617
, which is renumbered from Section 78B-15-617 is renumbered 
and amended to read:
78B-15-617
81-5-617
. Requirements for adjudication of parentage.
The tribunal shall apply the following rules to adjudicate the paternity of a child:
(1)
The paternity of a child having a presumed, declarant, or adjudicated father may be 
disproved only by
In an adjudication of the parentage of a child, the tribunal may only 
disprove the parentage of a child having a presumed father, declarant father, or 
adjudicated father if there are
 admissible results of genetic testing excluding that man as 
the father of the child or identifying another man as the father of the child.
(2)
Unless the results of genetic testing are admitted to rebut other results of genetic testing, 
a man identified as the father
or except as provided in Section 
81-5-608
, the tribunal 
shall adjudicate a man identified as the father
 of a child under Section 
78B-15-505
 must 
be adjudicated
81-5-505
 as
 the father of the child
, unless an exception is granted under 
Section 
78B-15-608
.
(3)
If the tribunal finds that genetic testing under Section 
78B-15-505
 neither identifies nor 
excludes a man as the father
81-5-505
 does not identify or exclude a man as the father
 of 
a child, the tribunal
:
(a)
may not dismiss the proceeding
. In that event, the tribunal
; and
(b)
shall order further testing.
(4)
Unless the results of genetic testing are admitted to rebut other results of genetic testing, 
a man properly excluded as the father of a child by genetic testing must be adjudicated 
not to be the father of the child
or except as provided in Section 
81-5-608
, the tribunal 
shall adjudicate a man properly excluded as the father of a child by genetic testing to not 
be the father of the child
.
Section 140, Section 
81-5-618
, which is renumbered from Section 78B-15-618 is renumbered 
and amended to read:
78B-15-618
81-5-618
. Adjudication of parentage -- Jury trial prohibited.
A jury trial is prohibited to adjudicate 
paternity
parentage
 of a child.
Section 141, Section 
81-5-619
, which is renumbered from Section 78B-15-619 is renumbered 
and amended to read:
78B-15-619
81-5-619
. Adjudication of parentage -- Hearings -- Inspection of 
records.
(1)
On request of a party and for good cause shown, the tribunal may close a proceeding 
under this part.
(2)
A final order in a proceeding under this part is available for public inspection. 
(3)
Other papers and records are available only with the consent of the parties or on order of 
the tribunal for good cause.
Section 142, Section 
81-5-620
, which is renumbered from Section 78B-15-620 is renumbered 
and amended to read:
78B-15-620
81-5-620
. Adjudication of parentage -- Order on default.
The tribunal shall issue an order adjudicating the 
paternity
parentage
 of a man who:
(1)
after service of process, is in default; and
(2)
is found by the tribunal to be the father of a child.
Section 143, Section 
81-5-621
, which is renumbered from Section 78B-15-621 is renumbered 
and amended to read:
78B-15-621
81-5-621
. Adjudication of parentage -- Dismissal for want of 
prosecution.
(1)
The tribunal may issue an order dismissing a proceeding commenced under this 
chapter for want of prosecution only without prejudice. 
(2)
An order of dismissal for want of prosecution purportedly with prejudice is void and has 
only the effect of a dismissal without prejudice.
Section 144, Section 
81-5-622
, which is renumbered from Section 78B-15-622 is renumbered 
and amended to read:
78B-15-622
81-5-622
. Order adjudicating parentage.
(1)
The tribunal shall issue an order adjudicating whether a man alleged or claiming to be 
the father is the parent of the child.
(2)
An order adjudicating parentage must identify the child by name and date of birth.
(3)
(a)
Except as otherwise provided in Subsection 
(4)
, the tribunal may assess filing 
fees, reasonable attorney fees, fees for genetic testing, other costs, necessary travel, 
and other reasonable expenses incurred in a proceeding under this part. 
(b)
The tribunal may award attorney fees, which may be paid directly to the attorney, 
who may enforce the order in the attorney's own name.
(4)
The tribunal may not assess fees, costs, or expenses against the 
support-enforcement
child support services
 agency of this state or another state, except as provided by law.
(5)
On request of a party and for good cause shown, the tribunal may order that the name of 
the child be changed.
(6)
If the order of the tribunal is at variance with the child's birth certificate, the tribunal 
shall order the Office of Vital Records
 and Statistics
 to issue an amended birth 
registration.
Section 145, Section 
81-5-623
, which is renumbered from Section 78B-15-623 is renumbered 
and amended to read:
78B-15-623
81-5-623
. Binding effect of determination of parentage.
(1)
Except as otherwise provided in Subsection (2), a determination of parentage is binding 
on:
(a)
all signatories to a declaration or denial of paternity as provided in Part 3, Voluntary 
Declaration of Paternity
 Act
; and
(b)
all parties to an adjudication by a tribunal acting under circumstances that satisfy the 
jurisdictional requirements of Section 
78B-14-201
81-8-201
.
(2)
A child is not bound by a determination of parentage under this chapter unless:
(a)
the determination was based on an unrescinded declaration of paternity and the 
declaration is consistent with the results of genetic testing;
(b)
the adjudication of parentage was based on a finding consistent with the results of 
genetic testing and the consistency is declared in the determination or is otherwise 
shown; or
(c)
the child was a party or was represented in the proceeding determining parentage by 
a guardian ad litem.
(3)
In a proceeding to dissolve a marriage, the tribunal is considered to have made an 
adjudication of the parentage of a child if the question of 
paternity
parentage
 is raised 
and the tribunal adjudicates according to 
Part 6, Adjudication of Parentage, 
this part 
and the final order:
(a)
expressly identifies a child as a "child of the marriage," "issue of the marriage," or 
similar words indicating that the husband is the father of the child; or
(b)
provides for support of the child by the husband unless 
paternity
parentage
 is 
specifically disclaimed in the order.
(4)
The tribunal is not considered to have made an adjudication of the parentage of a child 
if the child was born at the time of entry of the order and other children are named as 
children of the marriage, but that child is specifically not named.
(5)
Once the 
paternity
parentage
 of a child has been adjudicated, an individual who was 
not a party to the 
paternity
parentage
 proceeding may not challenge the 
paternity
parentage
, unless:
(a)
the party seeking to challenge can demonstrate a fraud upon the tribunal;
(b)
the challenger can demonstrate by clear and convincing evidence that the challenger 
did not know about the adjudicatory proceeding or did not have a reasonable 
opportunity to know of the proceeding; and
(c)
there would be harm to the child to leave the order in place.
(6)
A party to an adjudication of 
paternity
parentage
 may challenge the adjudication only 
under law of this state relating to appeal, vacation of judgments, or other judicial review.
(7)
A party to an adjudication may not bring a challenge under Subsection (6) if the party 
committed the fraud.
Section 146, Section 
81-5-701
, which is renumbered from Section 78B-15-701 is renumbered 
and amended to read:
7. Assisted Reproduction
78B-15-701
81-5-701
. Scope.
This part does not apply to the birth of a child conceived by means of sexual intercourse
,
 or as result of a gestational agreement 
as provided in
described in
Part 8, Gestational 
Agreement
.
Section 147, Section 
81-5-702
, which is renumbered from Section 78B-15-702 is renumbered 
and amended to read:
78B-15-702
81-5-702
. Parental status of donor.
A donor is not a parent of a child conceived by means of assisted reproduction.
Section 148, Section 
81-5-703
, which is renumbered from Section 78B-15-703 is renumbered 
and amended to read:
78B-15-703
81-5-703
. Husband's parentage of child of assisted reproduction.
If a husband provides sperm for, or consents to, assisted reproduction by his wife as 
provided in Section 
78B-15-704
, he
81-5-704
, the husband
 is the father of a resulting child 
born to his wife.
Section 149, Section 
81-5-704
, which is renumbered from Section 78B-15-704 is renumbered 
and amended to read:
78B-15-704
81-5-704
. Consent to assisted reproduction.
(1)
(a)
A consent to assisted reproduction by a married woman must be in a record signed 
by the woman and her husband. 
(b)
This requirement 
The requirement described in Subsection 
(1)(a)
does not apply to 
the donation of eggs for assisted reproduction by another woman.
(2)
Failure of the husband to sign a consent required by Subsection 
(1)
, before or after the 
birth of the child, does not preclude a finding that the husband is the father of a child 
born to 
his wife if the wife and husband
the married woman if the married woman and 
the married woman's husband
 openly treat the child as their own.
Section 150, Section 
81-5-705
, which is renumbered from Section 78B-15-705 is renumbered 
and amended to read:
78B-15-705
81-5-705
. Limitation on husband's dispute of paternity.
(1)
Except as otherwise provided in Subsection 
(2)
, the husband of a wife who gives birth 
to a child by means of assisted reproduction may not challenge 
his
the husband's
paternity of the child unless:
(a)
within two years after learning of the birth of the child 
he
the husband
 commences a 
proceeding to adjudicate 
his
the husband's
 paternity; and
(b)
the tribunal finds that 
he
the spouse
 did not consent to the assisted reproduction, 
before or after the birth of the child.
(2)
A proceeding to adjudicate paternity may be maintained at any time if the tribunal 
determines that:
(a)
the husband did not provide sperm for, or before or after the birth of the child 
consent to, assisted reproduction by 
his
the husband's
 wife;
(b)
the husband and the 
birth 
mother of the child have not cohabited since the probable 
time of assisted reproduction; and
(c)
the husband never openly treated the child as 
his
the husband's
 own.
(3)
The limitation provided in this section applies to a marriage declared invalid after 
assisted reproduction.
Section 151, Section 
81-5-706
, which is renumbered from Section 78B-15-706 is renumbered 
and amended to read:
78B-15-706
81-5-706
. Effect of dissolution of marriage.
(1)
If a marriage is dissolved before placement of eggs, sperm, or an embryo, the former 
spouse is not a parent of the resulting child unless the former spouse consented in a 
record that if assisted reproduction were to occur after a divorce, the former spouse 
would be a parent of the child.
(2)
The consent of the former spouse to assisted reproduction may be revoked by that 
individual in a record at any time before placement of eggs, sperm, or embryos.
Section 152, Section 
81-5-707
, which is renumbered from Section 78B-15-707 is renumbered 
and amended to read:
78B-15-707
81-5-707
. Parental status of deceased spouse.
If a spouse dies before placement of eggs, sperm, or an embryo, the deceased spouse is 
not a parent of the resulting child unless the deceased spouse consented in a record that if 
assisted reproduction were to occur after death, the deceased spouse would be a parent of the 
child.
Section 153, Section 
81-5-708
, which is renumbered from Section 78B-15-708 is renumbered 
and amended to read:
78B-15-708
81-5-708
. Access to identifying information and medical history.
(1)
A person conceived through assisted reproduction who is at least 18 years 
of age
old
shall be provided, upon the person's request, access to the nonidentifying medical history 
of the donor who assisted in the reproduction process that resulted in the person's birth.
(2)
Under no circumstance may a person who donated to a fertility clinic for the purpose of 
assisted reproduction be liable for financial support to the child conceived through 
assisted reproduction or the child's parent.
(3)
Except as provided in this section, a donor's request to remain anonymous shall be given 
full deference.
Section 154, Section 
81-5-801
, which is renumbered from Section 78B-15-801 is renumbered 
and amended to read:
8. Gestational Agreement
78B-15-801
81-5-801
. Gestational agreement authorized.
(1)
A prospective gestational mother, the prospective gestational mother's spouse if the 
prospective gestational mother is married, a donor or the donors, and the intended 
parents may enter into a written agreement providing that:
(a)
the prospective gestational mother agrees to pregnancy by means of assisted 
reproduction;
(b)
the prospective gestational mother, the prospective gestational mother's spouse if the 
prospective gestational mother is married, and the donors relinquish all rights and 
duties as the parents of a child conceived through assisted reproduction; and
(c)
the intended parents become the parents of the child.
(2)
The intended gestational mother may not currently be receiving Medicaid or any other 
state assistance.
(3)
(a)
The intended parents shall be married.
(b)
Both intended parents must be parties to the gestational agreement.
(4)
A gestational agreement is enforceable only if validated as provided in Section 
78B-15-803
81-5-803
.
(5)
A gestational agreement does not apply:
(a)
to the birth of a child conceived by means of sexual intercourse; or 
(b)
 if neither intended parent is a donor.
(6)
The parties to a gestational agreement shall be 21 years old or older.
(7)
The gestational mother's eggs may not be used in the assisted reproduction procedure.
(8)
If the gestational mother is married, the gestational mother's spouse's sperm or eggs may 
not be used in the assisted reproduction procedure.
Section 155, Section 
81-5-802
, which is renumbered from Section 78B-15-802 is renumbered 
and amended to read:
78B-15-802
81-5-802
. Requirements of petition.
(1)
The intended parents and the prospective gestational mother may file a petition in the 
district tribunal to validate a gestational agreement.
(2)
A petition to validate a gestational agreement may not be maintained unless either the 
mother or intended parents have been residents of this state for at least 90 days.
(3)
The prospective gestational mother's spouse, if the prospective gestational mother is 
married, must join in the petition.
(4)
A copy of the gestational agreement must be attached to the petition.
Section 156, Section 
81-5-803
, which is renumbered from Section 78B-15-803 is renumbered 
and amended to read:
78B-15-803
81-5-803
. Hearing to validate gestational agreement.
(1)
If the requirements of Subsection (2) are satisfied, a tribunal may issue an order 
validating the gestational agreement and declaring that the intended parents will be the 
parents of a child born during the term of the agreement.
(2)
The tribunal may issue an order under Subsection (1) only on finding that:
(a)
the residence requirements of Section 
78B-15-802
81-5-802
 have been satisfied and 
the parties have submitted to the jurisdiction of the tribunal under the jurisdictional 
standards of this part;
(b)
unless waived by the tribunal, a home study of the intended parents has been 
conducted in accordance with 
Sections 
78B-6-128
 through 
78B-6-131
Chapter 13, 
Part 4, Placement of a Minor Child or Vulnerable Adult for Adoption
, and the 
intended parents meet the standards of fitness applicable to adoptive parents;
(c)
all parties have participated in counseling with a licensed mental health professional 
as evidenced by a certificate:
(i)
signed by the licensed mental health professional that affirms that all parties have 
discussed options and consequences of the agreement; and
(ii)
presented to the tribunal;
(d)
all parties have voluntarily entered into the agreement and understand the 
agreement's terms;
(e)
the prospective gestational mother has had at least one pregnancy and delivery and 
the prospective gestational mother's bearing another child will not pose an 
unreasonable health risk to the unborn child or to the physical or mental health of the 
prospective gestational mother;
(f)
adequate provision has been made for all reasonable health-care expense associated 
with the gestational agreement until the birth of the child, including responsibility for 
all reasonable health-care expense if the agreement is terminated;
(g)
the consideration, if any, paid to the prospective gestational mother is reasonable;
(h)
all the parties to the agreement are 21 years old or older;
(i)
the gestational mother's eggs are not being used in the assisted reproduction 
procedure; and
(j)
if the gestational mother is married, the gestational mother's spouse's sperm or eggs 
are not being used in the assisted reproduction procedure.
(3)
Whether to validate a gestational agreement is within the discretion of the tribunal, 
subject only to review for abuse of discretion.
Section 157, Section 
81-5-804
, which is renumbered from Section 78B-15-804 is renumbered 
and amended to read:
78B-15-804
81-5-804
. Inspection of records.
The proceedings, records, and identities of the individuals to a gestational agreement 
under this part are subject to inspection under the confidentiality standards applicable to 
adoptions as provided under other laws of this state.
Section 158, Section 
81-5-805
, which is renumbered from Section 78B-15-805 is renumbered 
and amended to read:
78B-15-805
81-5-805
. Exclusive, continuing jurisdiction.
Subject to the jurisdictional standards of Section 
78B-13-201
81-11-201
, the tribunal 
conducting a proceeding under this part has exclusive, continuing jurisdiction of all matters 
arising out of the gestational agreement until a child born to the gestational mother during the 
period governed by the agreement attains the age of 180 days.
Section 159, Section 
81-5-806
, which is renumbered from Section 78B-15-806 is renumbered 
and amended to read:
78B-15-806
81-5-806
. Termination of gestational agreement.
(1)
After issuance of an order under this part, but before the prospective gestational mother 
becomes pregnant by means of assisted reproduction, the prospective gestational mother, 
the prospective gestational mother's spouse, or either of the intended parents may 
terminate the gestational agreement only by giving written notice of termination to all 
other parties.
(2)
The tribunal for good cause shown also may terminate the gestational agreement.
(3)
(a)
An individual who terminates an agreement shall file notice of the termination 
with the tribunal. 
(b)
On receipt of the notice, the tribunal shall vacate the order issued under this part. 
(c)
An individual who does not notify the tribunal of the termination of the agreement is 
subject to appropriate sanctions.
(4)
A prospective gestational mother, or the prospective gestational mother's spouse if 
married, is not liable to the intended parents for terminating an agreement 
pursuant to
in accordance with
 this section.
Section 160, Section 
81-5-807
, which is renumbered from Section 78B-15-807 is renumbered 
and amended to read:
78B-15-807
81-5-807
. Parentage under validated gestational agreement.
(1)
(a)
Upon birth of a child to a gestational mother, the intended parents shall file notice 
with the tribunal that a child has been born to the gestational mother within 300 days 
after assisted reproduction. 
(b)
Thereupon
If the intended parents file a notice described in Subsection 
(1)(a)
, the 
tribunal shall issue an order:
(a)
(i)
confirming that the intended parents are the parents of the child;
(b)
(ii)
if necessary, ordering that the child be surrendered to the intended parents; 
and
(c)
(iii)
directing the Office of Vital Records
 and Statistics
 to issue a birth certificate 
naming the intended parents as parents of the child.
(2)
If the parentage of a child born to the gestational mother is in dispute as not the result of 
an assisted reproduction, the tribunal shall order genetic testing to determine the 
parentage of the child.
Section 161, Section 
81-5-808
, which is renumbered from Section 78B-15-808 is renumbered 
and amended to read:
78B-15-808
81-5-808
. Gestational agreement -- Miscellaneous provisions.
(1)
A gestational agreement may provide for payment of consideration.
(2)
A gestational agreement may not limit the right of the gestational mother to make 
decisions to safeguard the gestational mother's health or that of the embryo or fetus.
(3)
After the issuance of an order under this part, subsequent marriage of the gestational 
mother does not affect the validity of a gestational agreement, and the gestational 
mother's spouse's consent to the agreement is not required, nor is the gestational 
mother's spouse a presumed parent of the resulting child.
Section 162, Section 
81-5-809
, which is renumbered from Section 78B-15-809 is renumbered 
and amended to read:
78B-15-809
81-5-809
. Effect of nonvalidated gestational agreement.
(1)
A gestational agreement, whether in a record or not, which is not validated by a tribunal 
is not enforceable.
(2)
If a birth results under a gestational agreement that is not judicially validated as 
provided in this part, the parent-child relationship is determined as provided in 
Part 2, 
Parent and Child Relationship
.
(3)
(a)
The individuals who are parties to a nonvalidated gestational agreement as 
intended parents may be held liable for support of the resulting child, even if the 
agreement is otherwise unenforceable. 
(b)
The liability under this Subsection 
(3)
 includes assessing all expenses and fees as 
provided in Section 
78B-15-622
81-5-622
.
Section 163, Section 
81-5-901
, which is renumbered from Section 78B-15-901 is renumbered 
and amended to read:
9. Applicability Provisions
78B-15-901
81-5-901
. Uniformity of application and construction of this 
chapter.
(1)
This chapter is a uniform law. 
(2)
In applying and construing this chapter, consideration shall be given to the need to 
promote uniformity of the law with respect to 
its
the uniform law's
 subject matter 
among the states that enact 
it
this uniform law
.
Section 164, Section 
81-5-902
, which is renumbered from Section 78B-15-902 is renumbered 
and amended to read:
78B-15-902
81-5-902
. Transitional provision.
A proceeding to adjudicate parentage 
which
that
 was commenced before May 1, 2005
,
is governed by the law in effect at the time the proceeding was commenced.
Section 165, Section 
81-8-102
, which is renumbered from Section 78B-14-102 is renumbered 
and amended to read:
8. UNIFORM INTERSTATE FAMILY SUPPORT ACT
1. General Provisions
78B-14-102
81-8-102
. Definitions for chapter.
As used in this chapter:
(1)
"Alleged father" means the same as that term is defined in Section 
81-5-102
.
(2)
"Birth mother" means the same as that term is defined in Section 
81-5-102
.
(1)
(3)
"Child" means an individual, whether over or under the age of majority, who is or 
is alleged to be owed a duty of support by the individual's parent or who is or is alleged 
to be the beneficiary of a support order directed to the parent.
(2)
(4)
"Child support order" means a support order for a child, including a child who has 
attained the age of majority under the law of the issuing state or foreign country.
(5)
"Child support services agency" means a public official, governmental entity, or private 
agency authorized to:
(a)
seek enforcement of support orders or laws relating to the duty of support;
(b)
seek establishment or modification of child support;
(c)
request determination of parentage of a child;
(d)
attempt to locate obligors or their assets; or
(e)
request determination of the controlling child support order.
(3)
(6)
"Convention" means the convention on the International Recovery of Child Support 
and Other Forms of Family Maintenance, concluded at The Hague on November 23, 
2007.
(4)
(7)
"Duty of support" means an obligation imposed or imposable by law to provide 
support for a child, spouse, or former spouse, including an unsatisfied obligation to 
provide support.
(5)
(8)
"Foreign country" means a country, including a political subdivision thereof, other 
than the United States, that authorizes the issuance of support orders and:
(a)
which has been declared under the law of the United States to be a foreign 
reciprocating country;
(b)
which has established a reciprocal arrangement for child support with this state as 
provided in Section 
78B-14-308
81-8-308
;
(c)
which has enacted a law or established procedures for the issuance and enforcement 
of support orders which are substantially similar to the procedures under this chapter; 
or
(d)
in which the convention is in force with respect to the United States.
(6)
(9)
"Foreign support order" means a support order of a foreign tribunal.
(7)
(10)
(a)
"Foreign tribunal" means a court, administrative agency, or quasi-judicial 
entity of a foreign country which is authorized to establish, enforce, or modify 
support orders or to determine parentage of a child. 
The term
(b)
"Foreign tribunal"
 includes a competent authority under the convention.
(8)
(11)
"Home state" means the state or foreign country in which a child lived with a 
parent or a person acting as parent for at least six consecutive months immediately 
preceding the time of filing of a petition or comparable pleading for support and, if a 
child is less than six months old, the state or foreign country in which the child lived 
from birth with any of them. A period of temporary absence of any of them is counted 
as part of the six-month or other period.
(9)
(12)
"Income" includes earnings or other periodic entitlements to money from any 
source and any other property subject to withholding for support under the law of this 
state.
(10)
(13)
"Income-withholding order" means an order or other legal process directed to an 
obligor's employer or other source of income as defined in Section 
26B-9-101
, to 
withhold support from the income of the obligor.
(11)
(14)
"Initiating tribunal" means the tribunal of a state or foreign country from which a 
petition or comparable pleading is forwarded or in which a petition or comparable 
pleading is filed for forwarding to another state or foreign country.
(12)
(15)
"Issuing foreign country" means the foreign country in which a tribunal issues a 
support order or a judgment determining parentage of a child.
(13)
(16)
"Issuing state" means the state in which a tribunal issues a support order or a 
judgment determining parentage of a child.
(14)
(17)
"Issuing tribunal" means the tribunal of a state or foreign country that issues a 
support order or a judgment determining parentage of a child.
(15)
(18)
"Law" includes decisional and statutory law and rules and regulations having the 
force of law.
(16)
(19)
"Obligee" means:
(a)
an individual to whom a duty of support is or is alleged to be owed or in whose favor 
a support order or a judgment determining parentage of a child has been issued;
(b)
a foreign country, state, or political subdivision of a state to which the rights under a 
duty of support or support order have been assigned or which has independent claims 
based on financial assistance provided to an individual obligee in place of child 
support;
(c)
an individual seeking a judgment determining parentage of the individual's child; or
(d)
a person who is a creditor in a proceeding under Part 7, Support Proceedings Under 
Convention.
(17)
(20)
"Obligor" means an individual who, or the estate of a decedent that:
(a)
owes or is alleged to owe a duty of support;
(b)
is alleged but has not been adjudicated to be a parent of a child;
(c)
is liable under a support order; or
(d)
is a debtor in a proceeding under Part 7, Support Proceedings Under Convention.
(18)
(21)
"Outside this state" means a location in another state or a country other than the 
United States, whether or not the country is a foreign country.
(19)
(22)
"Person" means an individual, corporation, business trust, estate, trust, 
partnership, limited liability company, association, joint venture, government, 
governmental subdivision, agency, or instrumentality, public corporation, or any other 
legal or commercial entity.
(23)
"Presumed father" means the same as that term is defined in Section 
81-5-102
.
(20)
(24)
"Record" means information that is inscribed on a tangible medium or that is 
stored in an electronic or other medium and is retrievable in perceivable form.
(21)
(25)
"Register" means to file in a tribunal of this state a support order or judgment 
determining parentage of a child issued in another state or a foreign country.
(22)
(26)
"Registering tribunal" means a tribunal in which a support order or judgment 
determining parentage of a child is registered.
(23)
(27)
"Responding state" means a state in which a petition or comparable pleading for 
support or to determine parentage of a child is filed or to which a petition or comparable 
pleading is forwarded for filing from another state or a foreign country.
(24)
(28)
"Responding tribunal" means the authorized tribunal in a responding state or 
foreign country.
(25)
(29)
"Spousal support order" means a support order for a spouse or former spouse of 
the obligor.
(26)
(30)
(a)
"State" means a state of the United States, the District of Columbia, Puerto 
Rico, the United States Virgin Islands, or any territory or insular possession subject 
to the jurisdiction of the United States. 
The term
(b)
"State"
 includes an Indian nation or tribe.
(27)
"Support enforcement agency" means a public official, governmental entity, or private 
agency authorized to:
(a)
seek enforcement of support orders or laws relating to the duty of support;
(b)
seek establishment or modification of child support;
(c)
request determination of parentage of a child;
(d)
attempt to locate obligors or their assets; or
(e)
request determination of the controlling child support order.
(28)
(31)
(a)
"Support order" means a judgment, decree, order, decision, or directive, 
whether temporary, final, or subject to modification, issued in a state or foreign 
country for the benefit of a child, a spouse, or a former spouse, which provides for 
monetary support, health care, arrearages, retroactive support, or reimbursement for 
financial assistance provided to an individual obligee in place of child support. 
The 
term may include
(b)
"Support order" includes
 related costs and fees, interest, income withholding, 
automatic adjustment, reasonable attorney fees, and other relief.
(29)
(32)
"Tribunal" means a court, administrative agency, or quasi-judicial entity 
authorized to establish, enforce, or modify support orders or to determine parentage of a 
child.
Section 166, Section 
81-8-103
, which is renumbered from Section 78B-14-103 is renumbered 
and amended to read:
78B-14-103
81-8-103
. State tribunal and child support services agency.
(1)
The district court
A court with jurisdiction under Title 78A, Judiciary and Judicial 
Administration,
 and the Utah Department of Health and Human Services are the 
tribunals of this state.
(2)
The Utah Department of Health and Human Services is the state 
support enforcement 
agency
child support services agency
.
Section 167, Section 
81-8-104
, which is renumbered from Section 78B-14-104 is renumbered 
and amended to read:
78B-14-104
81-8-104
. Remedies cumulative.
(1)
Remedies provided by this chapter are cumulative and do not affect the availability of 
remedies under other law or the recognition of a foreign support order on the basis of 
comity.
(2)
This chapter does not:
(a)
provide the exclusive method of establishing or enforcing a support order under the 
law of this state; or
(b)
grant a tribunal of this state jurisdiction to render judgment or issue an order relating 
to child custody or parent-time in a proceeding under this chapter.
Section 168, Section 
81-8-105
, which is renumbered from Section 78B-14-105 is renumbered 
and amended to read:
78B-14-105
81-8-105
. Application of chapter to residents of foreign countries 
and foreign support proceedings.
(1)
A tribunal of this state shall apply 
Part 1, General Provisions
, 
Part 2, Jurisdiction
, 
Part 3, 
Civil Provisions of General Application
, 
Part 4, Establishment of Support Order or 
Determination of Parentage
, 
Part 5, Enforcement of Support Order Without Registration
, 
and 
Part 6, Registration, Enforcement, and Modification of Support Order
 and, as 
applicable, 
Part 7, Support Proceedings Under Convention
, to a support proceeding 
involving:
(a)
a foreign support order;
(b)
a foreign tribunal; or
(c)
an obligee, obligor, or child residing in a foreign country.
(2)
A tribunal of this state that is requested to recognize and enforce a support order on the 
basis of comity may apply the procedural and substantive provisions of 
Part 1, General 
Provisions
, 
Part 2, Jurisdiction
, 
Part 3, Civil Provisions of General Application
, 
Part 4, 
Establishment of Support Order or Determination of Parentage
, 
Part 5, Enforcement of 
Support Order Without Registration
, and 
Part 6, Registration, Enforcement, and 
Modification of Support Order
.
(3)
(a)
Part 7, Support Proceedings Under Convention
, applies only to a support 
proceeding under the convention. 
(b)
In a proceeding, if a provision of 
Part 7, Support Proceedings Under Convention
 is 
inconsistent with 
Part 1, General Provisions
, 
Part 2, Jurisdiction
, 
Part 3, Civil 
Provisions of General Application
, 
Part 4, Establishment of Support Order or 
Determination of Parentage
, 
Part 5, Enforcement of Support Order Without 
Registration
, and 
Part 6, Registration, Enforcement, and Modification of Support 
Order
, 
Part 7, Support Proceedings Under Convention
, controls.
Section 169, Section 
81-8-201
, which is renumbered from Section 78B-14-201 is renumbered 
and amended to read:
2. Jurisdiction
78B-14-201
81-8-201
. Bases for jurisdiction over nonresident.
(1)
In a proceeding to establish or enforce a support order or to determine parentage of a 
child, a tribunal of this state may exercise personal jurisdiction over a nonresident 
individual, or the individual's guardian or conservator, if:
(a)
the individual is personally served with notice within this state;
(b)
the individual submits to the jurisdiction of this state by consent in a record, by 
entering a general appearance, or by filing a responsive document having the effect of 
waiving any contest to personal jurisdiction;
(c)
the individual resided with the child in this state;
(d)
the individual resided in this state and provided prenatal expenses or support for the 
child;
(e)
the child resides in this state as a result of the acts or directives of the individual;
(f)
the individual engaged in sexual intercourse in this state and the child may have been 
conceived by that act of intercourse;
(g)
the individual asserted parentage of a child in the putative father registry maintained 
in this state by the 
state registrar of vital records in the Department of Health 
pursuant to 
Title 78B, Chapter 6, Part 1, Utah Adoption Act
Office of Vital Records 
and Statistics in accordance with Chapter 13, Adoption
; or
(h)
there is any other basis consistent with the constitutions of this state and the United 
States for the exercise of personal jurisdiction.
(2)
The bases of personal jurisdiction set forth in Subsection 
(1)
 or in any other law of this 
state may not be used to acquire personal jurisdiction for a tribunal of this state to 
modify a child support order of another state unless the requirements of Section 
78B-14-611
81-8-611
 are met, or, in the case of a foreign support order, unless the 
requirements of Section 
78B-14-615
81-8-615
 are met.
Section 170, Section 
81-8-202
, which is renumbered from Section 78B-14-202 is renumbered 
and amended to read:
78B-14-202
81-8-202
. Duration of personal jurisdiction.
Personal jurisdiction acquired by a tribunal of this state in a proceeding under this 
chapter or other law of this state relating to a support order continues as long as a tribunal of 
this state has continuing, exclusive jurisdiction to modify 
its
the tribunal's
 order or continuing 
jurisdiction to enforce 
its
the tribunal's
 order 
as provided by Sections 
78B-14-205
, 
78B-14-206
, and 
78B-14-211
as described in Sections 
81-8-205
, 
81-8-206
, and 
81-8-211
.
Section 171, Section 
81-8-203
, which is renumbered from Section 78B-14-203 is renumbered 
and amended to read:
78B-14-203
81-8-203
. Initiating and responding tribunal of state.
Under this chapter, a tribunal of this state may serve as an initiating tribunal to forward 
proceedings to a tribunal of another state and as a responding tribunal for proceedings initiated 
in another state or a foreign country.
Section 172, Section 
81-8-204
, which is renumbered from Section 78B-14-204 is renumbered 
and amended to read:
78B-14-204
81-8-204
. Simultaneous proceedings in another state.
(1)
A tribunal of this state may exercise jurisdiction to establish a support order if the 
petition or comparable pleading is filed after a pleading is filed in another state or a 
foreign country only if:
(a)
the petition or comparable pleading in this state is filed before the expiration of the 
time allowed in the other state or the foreign country for filing a responsive pleading 
challenging the exercise of jurisdiction by the other state or the foreign country;
(b)
the contesting party timely challenges the exercise of jurisdiction in the other state or 
the foreign country; and
(c)
if relevant, this state is the home state of the child.
(2)
A tribunal of this state may not exercise jurisdiction to establish a support order if the 
petition or comparable pleading is filed before a petition or comparable pleading is filed 
in another state or a foreign country if:
(a)
the petition or comparable pleading in the other state or foreign country is filed 
before the expiration of the time allowed in this state for filing a responsive pleading 
challenging the exercise of jurisdiction by this state;
(b)
the contesting party timely challenges the exercise of jurisdiction in this state; and
(c)
if relevant, the other state or foreign country is the home of the child.
Section 173, Section 
81-8-205
, which is renumbered from Section 78B-14-205 is renumbered 
and amended to read:
78B-14-205
81-8-205
. Continuing, exclusive jurisdiction to modify child 
support order.
(1)
A tribunal of this state that has issued a child support order consistent with the law of 
this state has and shall exercise continuing, exclusive jurisdiction to modify its child 
support order if the order is the controlling order, and:
(a)
at the time of the filing of a request for modification, this state is the residence of the 
obligor, the individual obligee, or the child for whose benefit the support order is 
issued; or
(b)
even if this state is not the residence of the obligor, the individual obligee, or the 
child for whose benefit the support order is issued, the parties consent in a record or 
in open court that the tribunal of this state may continue to exercise jurisdiction to 
modify 
its
the tribunal's
 order.
(2)
A tribunal of this state that has issued a child support order consistent with the law of 
this state may not exercise continuing, exclusive jurisdiction to modify the order if:
(a)
all of the parties who are individuals file consent in a record with the tribunal of this 
state that a tribunal of another state that has jurisdiction over at least one of the 
parties who is an individual or that is located in the state of residence of the child 
may modify the order and assume continuing, exclusive jurisdiction; or
(b)
its
the tribunal's
 order is not the controlling order.
(3)
If a tribunal of another state has issued a child support order 
pursuant to
in accordance 
with
 the Uniform Interstate Family Support Act or a law substantially similar to the act, 
which
that
 modifies a child support order of a tribunal of this state, 
tribunals
a tribunal
of this state shall recognize the continuing, exclusive jurisdiction of the tribunal of the 
other state.
(4)
A tribunal of this state that lacks continuing, exclusive jurisdiction to modify a child 
support order may serve as an initiating tribunal to request a tribunal of another state to 
modify a support order issued in that state.
(5)
A temporary support order issued ex parte or pending resolution of a jurisdictional 
conflict does not create continuing, exclusive jurisdiction in the issuing tribunal.
Section 174, Section 
81-8-206
, which is renumbered from Section 78B-14-206 is renumbered 
and amended to read:
78B-14-206
81-8-206
. Continuing jurisdiction to enforce child support order.
(1)
A tribunal of this state that has issued a child support order consistent with the law of 
this state may serve as an initiating tribunal to request a tribunal of another state to 
enforce:
(a)
the order if the order is the controlling order and has not been modified by a tribunal 
of another state that assumed jurisdiction 
pursuant to
in accordance with
 the 
Uniform Interstate Family Support Act; or
(b)
a money judgment for arrears of support and interest on the order accrued before a 
determination that an order of a tribunal of another state is the controlling order.
(2)
A tribunal of this state having continuing jurisdiction over a support order may act as a 
responding tribunal to enforce the order.
Section 175, Section 
81-8-207
, which is renumbered from Section 78B-14-207 is renumbered 
and amended to read:
78B-14-207
81-8-207
. Determination of controlling child-support order.
(1)
If a proceeding is brought under this chapter and only one tribunal has issued a child 
support order, the order of that tribunal controls and shall be so recognized.
(2)
If a proceeding is brought under this chapter, and two or more child support orders have 
been issued by tribunals of this state, another state, or a foreign country with regard to 
the same obligor and same child, a tribunal of this state having personal jurisdiction over 
both the obligor and individual obligee shall apply the following rules and by order shall 
determine which order controls and shall be recognized:
(a)
If only one of the tribunals would have continuing, exclusive jurisdiction under this 
chapter, the order of that tribunal controls.
(b)
If more than one of the tribunals would have continuing, exclusive jurisdiction under 
this chapter, an order issued by a tribunal in the current home state of the child 
controls, or if an order has not been issued in the current home state of the child, the 
order most recently issued controls.
(c)
If none of the tribunals would have continuing, exclusive jurisdiction under this 
chapter, the tribunal of this state shall issue a child support order, which controls.
(3)
(a)
If two or more child support orders have been issued for the same obligor and 
same child, upon request of a party who is an individual or that is a 
support 
enforcement
child support services
 agency, a tribunal of this state having personal 
jurisdiction over both the obligor and the obligee who is an individual shall determine 
which order controls under Subsection 
(2)
. 
(b)
The request
 under Subsection 
(3)(a)
 may be filed with a registration for enforcement 
or registration for modification pursuant to 
Part 6, Registration, Enforcement, and 
Modification of Support Order
, or may be filed as a separate proceeding.
(4)
(a)
A request to determine which is the controlling order shall be accompanied by a 
copy of every child support order in effect and the applicable record of payments. 
(b)
The requesting party shall give notice of the request to each party whose rights may 
be affected by the determination.
(5)
The tribunal that issued the controlling order under Subsection 
(1)
, 
(2)
, or 
(3)
 has 
continuing jurisdiction to the extent provided in Section 
78B-14-205
 or 
78B-14-206
81-8-205
 or 
81-8-206
.
(6)
A tribunal of this state that determines by order which is the controlling order under 
Subsection 
(2)(a)
, 
(b)
, or 
(3)
 that issues a new controlling order under Subsection 
(2)(c)
, 
shall state in that order:
(a)
the basis upon which the tribunal made 
its
the tribunal's
 determination;
(b)
the amount of prospective support, if any; and
(c)
the total amount of consolidated arrears and accrued interest, if any, under all of the 
orders after all payments made are credited as provided by Section 
78B-14-209
81-8-209
.
(7)
(a)
Within 30 days after issuance of an order determining which is the controlling 
order, the party obtaining the order shall file a certified copy of 
it
the order
 in each 
tribunal that issued or registered an earlier order of child support. 
(b)
A party or 
support enforcement
child support services
 agency obtaining the order 
that fails to file a certified copy is subject to appropriate sanctions by a tribunal in 
which the issue of failure to file arises. 
(c)
The failure to file does not affect the validity or enforceability of the controlling 
order.
(8)
An order that has been determined to be the controlling order, or a judgment for 
consolidated arrears of support and interest, if any, made 
pursuant to
in accordance with
this section shall be recognized in proceedings under this chapter.
Section 176, Section 
81-8-208
, which is renumbered from Section 78B-14-208 is renumbered 
and amended to read:
78B-14-208
81-8-208
. Child support orders for two or more obligees.
In responding to registrations or petitions for enforcement of two or more child support 
orders in effect at the same time with regard to the same obligor and different individual 
obligees, at least one of which was issued by a tribunal of another state or a foreign country, a 
tribunal of this state shall enforce those orders in the same manner as if the orders had been 
issued by a tribunal of this state.
Section 177, Section 
81-8-209
, which is renumbered from Section 78B-14-209 is renumbered 
and amended to read:
78B-14-209
81-8-209
. Credit for payments.
A tribunal of this state shall credit amounts collected for a particular period pursuant to 
any child support order against the amounts owed for the same period under any other child 
support order for support of the same child issued by a tribunal of this or another state or 
foreign country.
Section 178, Section 
81-8-210
, which is renumbered from Section 78B-14-210 is renumbered 
and amended to read:
78B-14-210
81-8-210
. Application of chapter to nonresident subject to personal 
jurisdiction.
(1)
A tribunal of this state exercising personal jurisdiction over a nonresident in a 
proceeding under this chapter, under other law of this state relating to a support order, or 
recognizing a foreign support order may
:
(a)
 receive evidence from outside this state 
pursuant to Section 
78B-14-316
,
in 
accordance with Section 
81-8-316
;
(b)
communicate with a tribunal outside this state 
pursuant to Section 
78B-14-317
,
in 
accordance with Section 
81-8-317
;
 and 
(c)
obtain discovery through a tribunal outside this state 
pursuant to Section 
78B-14-318
in accordance with Section 
81-8-318
. 
(2)
In all other respects, 
Part 3, Civil Provisions of General Application
, 
Part 4, 
Establishment of Support Order or Determination of Parentage
, 
Part 5, Enforcement of 
Support Order Without Registration
, and 
Part 6, Registration, Enforcement, and 
Modification of Support Order
, do not apply and the tribunal shall apply the procedural 
and substantive law of this state.
Section 179, Section 
81-8-211
, which is renumbered from Section 78B-14-211 is renumbered 
and amended to read:
78B-14-211
81-8-211
. Continuing, exclusive jurisdiction to modify spousal 
support order.
(1)
A tribunal of this state issuing a spousal support order consistent with the law of this 
state has continuing, exclusive jurisdiction to modify the spousal support order 
throughout the existence of the support obligation.
(2)
A tribunal of this state may not modify a spousal support order issued by a tribunal of 
another state or foreign country having continuing, exclusive jurisdiction over that order 
under the law of that state or foreign country.
(3)
A tribunal of this state that has continuing, exclusive jurisdiction over a spousal support 
order may serve as:
(a)
an initiating tribunal to request a tribunal of another state to enforce the spousal 
support order issued in this state; or
(b)
a responding tribunal to enforce or modify 
its
the tribunal's
 own spousal support 
order.
Section 180, Section 
81-8-301
, which is renumbered from Section 78B-14-301 is renumbered 
and amended to read:
3. Civil Provisions of General Application
78B-14-301
81-8-301
. Proceedings under chapter.
(1)
Except as otherwise provided in this chapter, this part applies to all proceedings under 
this chapter.
(2)
An individual petitioner or a 
support enforcement
child support services
 agency may 
initiate a proceeding authorized under this chapter by filing a petition in an initiating 
tribunal for forwarding to a responding tribunal or by filing a petition or a comparable 
pleading directly in a tribunal of another state or a foreign country 
which
that
 has or 
can obtain personal jurisdiction over the respondent.
Section 181, Section 
81-8-302
, which is renumbered from Section 78B-14-302 is renumbered 
and amended to read:
78B-14-302
81-8-302
. Action by parent who is under 18 years old.
A 
minor parent
parent who is under 18 years old
, or a guardian or other legal 
representative of 
a minor
the
 parent, may maintain a proceeding on behalf of or for the benefit 
of the 
minor's
parent's
 child.
Section 182, Section 
81-8-303
, which is renumbered from Section 78B-14-303 is renumbered 
and amended to read:
78B-14-303
81-8-303
. Application of law of state.
Except as otherwise provided in this chapter, a responding tribunal of this state shall:
(1)
apply the procedural and substantive law generally applicable to similar proceedings 
originating in this state and may exercise all powers and provide all remedies available 
in those proceedings; and
(2)
determine the duty of support and the amount payable in accordance with the law and 
support guidelines of this state.
Section 183, Section 
81-8-304
, which is renumbered from Section 78B-14-304 is renumbered 
and amended to read:
78B-14-304
81-8-304
. Duties of initiating tribunal.
(1)
Upon the filing of a petition authorized by this chapter, an initiating tribunal of this state 
shall forward the petition and its accompanying documents:
(a)
to the responding tribunal or appropriate 
support enforcement
child support services
agency in the responding state; or
(b)
if the identity of the responding tribunal is unknown, to the state information agency 
of the responding state with a request that they be forwarded to the appropriate 
tribunal and that receipt be acknowledged.
(2)
(a)
If requested by the responding tribunal, a tribunal of this state shall issue a 
certificate or other document and make findings required by the law of the 
responding state. 
(b)
If the responding tribunal is in a foreign country, upon request, the tribunal of this 
state shall specify the amount of support sought, convert that amount into the 
equivalent amount in the foreign currency under applicable official or market 
exchange rate as publicly reported, and provide any other documents necessary to 
satisfy the requirements of the responding foreign tribunal.
Section 184, Section 
81-8-305
, which is renumbered from Section 78B-14-305 is renumbered 
and amended to read:
78B-14-305
81-8-305
. Duties and powers of responding tribunal.
(1)
When a responding tribunal of this state receives a petition or comparable pleading from 
an initiating tribunal or directly 
pursuant to Subsection 
78B-14-301(2)
, it
in accordance 
with Subsection 
81-8-301(2)
, the responding tribunal
 shall cause the petition or pleading 
to be filed and notify the petitioner where and when 
it
the petition or pleading
 was filed.
(2)
A responding tribunal of this state, to the extent not prohibited by other law, may do one 
or more of the following:
(a)
establish or enforce a support order, modify a child support order, determine the 
controlling child support order, or determine parentage of a child;
(b)
order an obligor to comply with a support order, specifying the amount and the 
manner of compliance;
(c)
order income withholding;
(d)
determine the amount of any arrearages and specify a method of payment;
(e)
enforce orders by civil or criminal contempt, or both;
(f)
set aside property for satisfaction of the support order;
(g)
place liens and order execution on the obligor's property;
(h)
order an obligor to keep the tribunal informed of the obligor's current residential 
address, electronic mail address, telephone number, employer, address of 
employment, and telephone number at the place of employment;
(i)
issue a bench warrant for an obligor who has failed after proper notice to appear at a 
hearing ordered by the tribunal and enter the bench warrant in any local and state 
computer systems for criminal warrants;
(j)
order the obligor to seek appropriate employment by specified methods;
(k)
award reasonable attorney fees and other fees and costs; and
(l)
grant any other available remedy.
(3)
A responding tribunal of this state shall include in a support order issued under this 
chapter, or in the documents accompanying the order, the calculations on which the 
support order is based.
(4)
A responding tribunal of this state may not condition the payment of a support order 
issued under this chapter upon compliance by a party with provisions for parent-time.
(5)
If a responding tribunal of this state issues an order under this chapter, the tribunal shall 
send a copy of the order to the petitioner and the respondent and to the initiating 
tribunal, if any.
(6)
If requested to enforce a support order, arrears, or judgment or modify a support order 
stated in a foreign currency, a responding tribunal of this state shall convert the amount 
stated in the foreign currency to the equivalent amount in dollars under the applicable 
official or market exchange rate as publicly reported.
Section 185, Section 
81-8-306
, which is renumbered from Section 78B-14-306 is renumbered 
and amended to read:
78B-14-306
81-8-306
. Inappropriate tribunal.
If a petition or comparable pleading is received by an inappropriate tribunal of this state, 
the tribunal shall forward the pleading and accompanying documents to an appropriate tribunal 
in this state or another state and notify the petitioner where and when the pleading was sent.
Section 186, Section 
81-8-307
, which is renumbered from Section 78B-14-307 is renumbered 
and amended to read:
78B-14-307
81-8-307
. Duties of child support services agency.
(1)
A 
support enforcement
child support services
 agency of this state, upon request, shall 
provide services to a petitioner in a proceeding under this chapter.
(2)
A 
support enforcement
child support services
 agency of this state that is providing 
services to the petitioner shall:
(a)
take all steps necessary to enable an appropriate tribunal of this state, another state, 
or a foreign country to obtain jurisdiction over the respondent;
(b)
request an appropriate tribunal to set a date, time, and place for a hearing;
(c)
make a reasonable effort to obtain all relevant information, including information as 
to income and property of the parties;
(d)
within 10 days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of 
notice in a record from an initiating, responding, or registering tribunal, send a copy 
of the notice to the petitioner;
(e)
within 10 days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of 
communication in a record from the respondent or the respondent's attorney, send a 
copy of the communication to the petitioner; and
(f)
notify the petitioner if jurisdiction over the respondent cannot be obtained.
(3)
A 
support enforcement
child support services
 agency of this state that requests 
registration of a child support order in this state for enforcement or for modification 
shall make reasonable efforts:
(a)
to ensure that the order to be registered is the controlling order; or
(b)
if two or more child support orders exist and the identity of the controlling order has 
not been determined, to ensure that a request for such a determination is made in a 
tribunal having jurisdiction to do so.
(4)
A 
support enforcement
child support services
 agency of this state that requests 
registration and enforcement of a support order, arrears, or judgment stated in a foreign 
currency shall convert the amounts stated in the foreign currency into the equivalent 
amounts in dollars under the applicable official or market exchange rate as publicly 
reported.
(5)
A 
support enforcement
child support services
 agency of this state shall issue or request 
a tribunal of this state to issue a child support order and an income-withholding order 
that redirects payment of current support, arrears, and interest if requested to do so by a 
support enforcement
child support services
 agency of another state 
pursuant to Section 
78B-14-319
in accordance with Section 
81-8-319
.
(6)
This chapter does not create or negate a relationship of attorney and client or other 
fiduciary relationship between a 
support enforcement
child support services
 agency or 
the attorney for the agency and the individual being assisted by the agency.
Section 187, Section 
81-8-308
, which is renumbered from Section 78B-14-308 is renumbered 
and amended to read:
78B-14-308
81-8-308
. Duty of attorney general.
(1)
If the attorney general determines that the 
support enforcement
child support services
agency is neglecting or refusing to provide services to an individual, the attorney general 
may order the agency to perform 
its
the agency's
 duties under this chapter or may 
provide those services directly to the individual.
(2)
The attorney general may determine that a foreign country has established a reciprocal 
arrangement for child support with this state and take appropriate action for notification 
of the determination.
Section 188, Section 
81-8-309
, which is renumbered from Section 78B-14-309 is renumbered 
and amended to read:
78B-14-309
81-8-309
. Private counsel.
An individual may employ private counsel to represent the individual in proceedings 
authorized by this chapter.
Section 189, Section 
81-8-310
, which is renumbered from Section 78B-14-310 is renumbered 
and amended to read:
78B-14-310
81-8-310
. Duties of state information agency.
(1)
The Office of Recovery Services is the state information agency under this chapter.
(2)
The state information agency shall:
(a)
compile and maintain a current list, including addresses, of the tribunals in this state 
which have jurisdiction under this chapter and any support enforcement agencies in 
this state and transmit a copy to the state information agency of every other state;
(b)
maintain a register of names and addresses of tribunals and support enforcement 
agencies received from other states;
(c)
forward to the appropriate tribunal in the county in this state in which the obligee 
who is an individual or the obligor resides, or in which the obligor's property is 
believed to be located, all documents concerning a proceeding under this chapter 
received from another state or a foreign country; and
(d)
obtain information concerning the location of the obligor and the obligor's property 
within this state not exempt from execution, by such means as postal verification and 
federal or state locator services, examination of telephone directories, requests for the 
obligor's address from employers, and examination of governmental records, 
including, to the extent not prohibited by law, those relating to real property, vital 
statistics, law enforcement, taxation, motor vehicles, driver licenses, and Social 
Security.
Section 190, Section 
81-8-311
, which is renumbered from Section 78B-14-311 is renumbered 
and amended to read:
78B-14-311
81-8-311
. Pleadings and accompanying documents.
(1)
(a)
In a proceeding under this chapter, a petitioner seeking to establish a support 
order, to determine parentage of a child, or to register and modify a support order of a 
tribunal of another state or a foreign country shall file a petition. 
(b)
Unless otherwise ordered under Section 
78B-14-312
81-8-312
, the petition or 
accompanying documents shall provide, so far as known, the name, residential 
address, and 
Social Security
social security
 numbers of the obligor and the obligee 
or the parent and alleged parent, and the name, sex, residential address, 
Social 
Security
social security
 number, and date of birth of each child for whose benefit 
support is sought or whose parentage is to be determined. 
(c)
Unless filed at the time of registration, the petition shall be accompanied by a copy 
of any support order known to have been issued by another tribunal. 
(d)
The petition may include any other information that may assist in locating or 
identifying the respondent.
(2)
(a)
The petition shall specify the relief sought. 
(b)
The petition and accompanying documents shall conform substantially with the 
requirements imposed by the forms mandated by federal law for use in cases filed by 
a 
support enforcement
child support services
 agency.
Section 191, Section 
81-8-312
, which is renumbered from Section 78B-14-312 is renumbered 
and amended to read:
78B-14-312
81-8-312
. Nondisclosure of information in exceptional 
circumstances.
(1)
If a party alleges in an affidavit or a pleading under oath that the health, safety, or 
liberty of a party or child would be jeopardized by disclosure of specific identifying 
information, that information must be sealed and may not be disclosed to the other party 
or the public. 
(2)
After a hearing in which a tribunal takes into consideration the health, safety, or liberty 
of the party or child, the tribunal may order disclosure of information that the tribunal 
determines to be in the interest of justice.
Section 192, Section 
81-8-313
, which is renumbered from Section 78B-14-313 is renumbered 
and amended to read:
78B-14-313
81-8-313
. Costs and fees.
(1)
The petitioner may not be required to pay a filing fee or other costs.
(2)
(a)
If an obligee prevails, a responding tribunal of this state may assess against an 
obligor filing fees, reasonable attorney fees, other costs, and necessary travel and 
other reasonable expenses incurred by the obligee and the obligee's witnesses. 
(b)
The tribunal may not assess fees, costs, or expenses against the obligee or the 
support enforcement
child support services
 agency of either the initiating or the 
responding state or a foreign country, except as provided by law. 
(c)
Attorney fees may be taxed as costs, and may be ordered paid directly to the 
attorney, who may enforce the order in the attorney's own name. 
(d)
Payment of support owed to the obligee has priority over fees, costs, and expenses.
(3)
(a)
The tribunal shall order the payment of costs and reasonable attorney fees if it 
determines that a hearing was requested primarily for delay. 
(b)
In a proceeding under 
Part 6, Registration, Enforcement, and Modification of 
Support Order
, a hearing is presumed to have been requested primarily for delay if a 
registered support order is confirmed or enforced without change.
Section 193, Section 
81-8-314
, which is renumbered from Section 78B-14-314 is renumbered 
and amended to read:
78B-14-314
81-8-314
. Limited immunity of petitioner.
(1)
Participation by a petitioner in a proceeding under this chapter before a responding 
tribunal, whether in person, by private attorney, or through services provided by the 
support-enforcement
child support services
 agency, does not confer personal jurisdiction 
over the petitioner in another proceeding.
(2)
A petitioner is not amenable to service of civil process while physically present in this 
state to participate in a proceeding under this chapter.
(3)
The immunity granted by this section does not extend to civil litigation based on acts 
unrelated to a proceeding under this chapter committed by a party while present in this 
state to participate in the proceeding.
Section 194, Section 
81-8-315
, which is renumbered from Section 78B-14-315 is renumbered 
and amended to read:
78B-14-315
81-8-315
. Nonparentage as defense.
A party whose parentage of a child has been previously determined by or pursuant to 
law may not plead nonparentage as a defense to a proceeding under this chapter.
Section 195, Section 
81-8-316
, which is renumbered from Section 78B-14-316 is renumbered 
and amended to read:
78B-14-316
81-8-316
. Special rules of evidence and procedure.
(1)
The physical presence of a nonresident party who is an individual in a tribunal of this 
state is not required for the establishment, enforcement, or modification of a support 
order or the rendition of a judgment determining parentage of a child.
(2)
An affidavit, a document substantially complying with federally mandated forms, or a 
document incorporated by reference in any of them, which would not be excluded under 
the hearsay rule if given in person, is admissible in evidence if given under penalty of 
perjury by a party or witness residing outside this state.
(3)
(a)
A copy of the record of child support payments certified as a true copy of the 
original by the custodian of the record may be forwarded to a responding tribunal. 
(b)
The copy is evidence of facts asserted in it and is admissible to show whether 
payments were made.
(4)
Copies of bills for testing for parentage of a child, and for prenatal and postnatal health 
care of the 
birth 
mother and child, furnished to the adverse party at least 10 days before 
trial, are admissible in evidence to prove the amount of the charges billed and that the 
charges were reasonable, necessary, and customary.
(5)
Documentary evidence transmitted from outside this state to a tribunal of this state by 
telephone, telecopier, or other electronic means that do not provide an original record 
may not be excluded from evidence on an objection based on the means of transmission.
(6)
(a)
In a proceeding under this chapter, a tribunal of this state shall permit a party or 
witness residing outside this state to be deposed or to testify under penalty of perjury 
by telephone, audiovisual means, or other electronic means at a designated tribunal or 
other location. 
(b)
A tribunal of this state shall cooperate with other tribunals in designating an 
appropriate location for the deposition or testimony.
(7)
If a party called to testify at a civil hearing refuses to answer on the ground that the 
testimony may be self-incriminating, the trier of fact may draw an adverse inference 
from the refusal.
(8)
A privilege against disclosure of communications between spouses does not apply in a 
proceeding under this chapter.
(9)
The defense of immunity based on the relationship of husband and wife or parent and 
child does not apply in a proceeding under this chapter.
(10)
A voluntary acknowledgment of paternity, certified as a true copy, is admissible to 
establish parentage of the child.
Section 196, Section 
81-8-317
, which is renumbered from Section 78B-14-317 is renumbered 
and amended to read:
78B-14-317
81-8-317
. Communications between tribunals.
(1)
A tribunal of this state may communicate with a tribunal outside this state in a 
record, or by telephone, electronic mail, or other means, to obtain information 
concerning the laws, the legal effect of a judgment, decree, or order of that tribunal, and 
the status of a proceeding. 
(2)
A tribunal of this state may furnish similar information by similar means to a tribunal 
outside this state.
Section 197, Section 
81-8-318
, which is renumbered from Section 78B-14-318 is renumbered 
and amended to read:
78B-14-318
81-8-318
. Assistance with discovery.
A tribunal of this state may:
(1)
request a tribunal outside this state to assist in obtaining discovery; and
(2)
upon request, compel a person over whom it has jurisdiction to respond to a discovery 
order issued by a tribunal outside this state.
Section 198, Section 
81-8-319
, which is renumbered from Section 78B-14-319 is renumbered 
and amended to read:
78B-14-319
81-8-319
. Receipt and disbursement of payments.
(1)
(a)
A 
support enforcement
child support services
 agency or tribunal of this state 
shall disburse promptly any amounts received pursuant to a support order, as directed 
by the order. 
(b)
The agency or tribunal shall furnish to a requesting party or tribunal of another state 
or a foreign country a certified statement by the custodian of the record of the 
amounts and dates of all payments received.
(2)
If neither the obligor, nor the obligee who is an individual, nor the child resides in this 
state, upon request from the 
support enforcement
child support services
 agency of this 
state or another state, the Office of Recovery Services or a tribunal of this state shall:
(a)
direct that the support payment be made to the 
support enforcement
child support 
services
 agency in the state in which the obligee is receiving services; and
(b)
issue and send to the obligor's employer a conforming income-withholding order or 
an administrative notice of change of payee, reflecting the redirected payments.
(3)
The 
support enforcement
child support services
 agency of this state receiving 
redirected payments from another state pursuant to a law similar to Subsection 
(2)
 shall 
furnish to a requesting party or tribunal of the other state a certified statement by the 
custodian of the record of the amount and dates of all payments received.
Section 199, Section 
81-8-401
, which is renumbered from Section 78B-14-401 is renumbered 
and amended to read:
4. Establishment of Support Order or Determination of Parentage
78B-14-401
81-8-401
. Establishment of support order.
(1)
If a support order entitled to recognition under this chapter has not been issued, a 
responding tribunal of this state with personal jurisdiction over the parties may issue a 
support order if:
(a)
the individual seeking the order resides outside this state; or
(b)
the 
support enforcement
child support services
 agency seeking the order is located 
outside this state.
(2)
The tribunal may issue a temporary child support order if the tribunal determines that an 
order is appropriate and the individual ordered to pay is:
(a)
a presumed father of the child;
(b)
petitioning to have 
his paternity
the individual's parentage
 adjudicated;
(c)
identified as the father of the child through genetic testing;
(d)
an alleged father who has declined to submit to genetic testing;
(e)
shown by clear and convincing evidence to be the father of the child;
(f)
an acknowledged
a declarant
 father
, as defined in Section 
81-5-102
,
 determined in 
accordance with 
Title 78B, Chapter 15, Part 3, Voluntary Declaration of Paternity 
Act
Chapter 5, Part 3, Voluntary Declaration of Paternity
;
(g)
the 
birth 
mother of the child; or
(h)
an individual who has been ordered to pay child support in a previous proceeding 
and the order has not been reversed or vacated.
(3)
Upon finding, after notice and opportunity to be heard, that an obligor owes a duty of 
support, the tribunal shall issue a support order directed to the obligor and may issue 
other orders 
pursuant to Section 
78B-14-305
in accordance with Section 
81-8-305
.
Section 200, Section 
81-8-402
, which is renumbered from Section 78B-14-402 is renumbered 
and amended to read:
78B-14-402
81-8-402
. Proceeding to determine parentage.
A tribunal of this state authorized to determine parentage of a child may serve as a 
responding tribunal in a proceeding to determine parentage brought under this chapter or a law 
or procedure substantially similar to this chapter.
Section 201, Section 
81-8-501
, which is renumbered from Section 78B-14-501 is renumbered 
and amended to read:
5. Enforcement of Support Order Without Registration
78B-14-501
81-8-501
. Employer's receipt of income-withholding order of 
another state.
An income-withholding order issued in another state may be sent by or on behalf of the 
obligee, or by the 
support-enforcement
child support services
 agency, to the person defined as 
the obligor's employer under 
Title 26B, Chapter 9, Part 3, Income Withholding in IV-D Cases
, 
and 
Title 26B, Chapter 9, Part 4, Income Withholding in Non IV-D Cases
, without first filing a 
petition or comparable pleading or registering the order with a tribunal of this state.
Section 202, Section 
81-8-502
, which is renumbered from Section 78B-14-502 is renumbered 
and amended to read:
78B-14-502
81-8-502
. Employer's compliance with income-withholding order 
of another state.
(1)
Upon receipt of an income-withholding order, the obligor's employer shall immediately 
provide a copy of the order to the obligor.
(2)
The employer shall treat an income-withholding order issued in another state which 
appears regular on its face as if it had been issued by a tribunal of this state.
(3)
Except as otherwise provided in Subsection 
(4)
 and Section 
78B-14-503
81-8-503
, the 
employer shall withhold and distribute the funds as directed in the withholding order by 
complying with terms of the order which specify:
(a)
the duration and amount of periodic payments of current child support, stated as a 
sum certain;
(b)
the person designated to receive payments and the address to which the payments are 
to be forwarded;
(c)
medical support, whether in the form of periodic cash payment, stated as a sum 
certain, or ordering the obligor to provide health 
insurance
care
 coverage for the 
child under a policy available through the obligor's employment;
(d)
the amount of periodic payments of fees and costs for a 
support-enforcement
child 
support services
 agency, the issuing tribunal, and the obligee's attorney, stated as 
sums certain; and
(e)
the amount of periodic payments of arrearages and interest on arrearages, stated as 
sums certain.
(4)
An employer shall comply with the law of the state of the obligor's principal place of 
employment for withholding from income with respect to:
(a)
the employer's fee for processing an income withholding order;
(b)
the maximum amount permitted to be withheld from the obligor's income; and
(c)
the times within which the employer must implement the withholding order and 
forward the child support payment.
Section 203, Section 
81-8-503
, which is renumbered from Section 78B-14-503 is renumbered 
and amended to read:
78B-14-503
81-8-503
. Employer's compliance with two or more 
income-withholding orders.
If an obligor's employer receives two or more income-withholding orders with respect to 
the earnings of the same obligor, the employer satisfies the terms of the multiple orders if the 
employer complies with the law of the state of the obligor's principal place of employment to 
establish the priorities for the withholding and allocating income withheld for two or more 
child support obligees.
Section 204, Section 
81-8-504
, which is renumbered from Section 78B-14-504 is renumbered 
and amended to read:
78B-14-504
81-8-504
. Immunity from civil liability.
An employer that complies with an income withholding order issued in another state in 
accordance with this part is not subject to civil liability to an individual or agency with regard 
to the employer's withholding of child support from the obligor's income.
Section 205, Section 
81-8-505
, which is renumbered from Section 78B-14-505 is renumbered 
and amended to read:
78B-14-505
81-8-505
. Penalties for noncompliance.
An employer that willfully fails to comply with an income withholding order issued in 
another state and received for enforcement is subject to the same penalties that may be 
imposed for noncompliance with an order issued by a tribunal of this state.
Section 206, Section 
81-8-506
, which is renumbered from Section 78B-14-506 is renumbered 
and amended to read:
78B-14-506
81-8-506
. Contest by obligor.
(1)
An obligor may contest the validity or enforcement of an income-withholding order 
issued in another state and received directly by an employer in this state by registering 
the order in a tribunal of this state and filing a contest to that order as provided in 
Part 6, 
Registration, Enforcement, and Modification of Support Order
, or otherwise contesting 
the order in the same manner as if the order had been issued by a tribunal of this state. 
(2)
The obligor shall give notice of the contest to:
(a)
a 
support-enforcement
child support services
 agency providing services to the 
obligee;
(b)
each employer that has directly received an income-withholding order relating to the 
obligor; and
(c)
the person designated to receive payments in the income-withholding order or if no 
person is designated, to the obligee.
Section 207, Section 
81-8-507
, which is renumbered from Section 78B-14-507 is renumbered 
and amended to read:
78B-14-507
81-8-507
. Administrative enforcement of orders.
(1)
A party or 
support enforcement
child support services
 agency seeking to enforce a 
support order or an income-withholding order, or both, issued in another state, or 
seeking to enforce a foreign support order, may send the documents required for 
registering the order to a 
support enforcement
child support services
 agency of this 
state.
(2)
(a)
(i)
Upon receipt of the documents, the 
support enforcement
child support 
services
 agency, without initially seeking to register the order, shall consider and, 
if appropriate, use any administrative procedure authorized by the law of this state 
to enforce a support order or an income-withholding order, or both. 
(ii)
If the obligor does not contest administrative enforcement, the order need not be 
registered. 
(b)
If the obligor contests the validity or administrative enforcement of the order, the 
support enforcement
child support services
 agency shall register the order 
pursuant 
to
in accordance with
 this chapter.
Section 208, Section 
81-8-601
, which is renumbered from Section 78B-14-601 is renumbered 
and amended to read:
6. Registration, Enforcement, and Modification of Support Order
78B-14-601
81-8-601
. Registration of order for enforcement.
A support order or income-withholding order issued in another state, or a foreign 
support order, may be registered in this state for enforcement.
Section 209, Section 
81-8-602
, which is renumbered from Section 78B-14-602 is renumbered 
and amended to read:
78B-14-602
81-8-602
. Procedure to register order for enforcement.
(1)
Except as otherwise provided in Section 
78B-14-706
81-8-706
, a support order or 
income-withholding order of another state, or a foreign support order, may be registered 
in this state by sending the following records to the appropriate tribunal in this state:
(a)
a letter of transmittal to the tribunal requesting registration and enforcement;
(b)
two copies, including one certified copy, of the order to be registered, including any 
modification of the order;
(c)
a sworn statement by the person requesting registration or a certified statement by the 
custodian of the records showing the amount of any arrearage;
(d)
the name of the obligor and, if known:
(i)
the obligor's address and 
Social Security
social security
 number;
(ii)
the name and address of the obligor's employer and any other source of income of 
the obligor; and
(iii)
a description and the location of property of the obligor in this state not exempt 
from execution; and
(e)
except as otherwise provided in Section 
78B-14-312
81-8-312
, the name and 
address of the obligee and, if applicable, the person to whom support payments are to 
be remitted.
(2)
On receipt of a request for registration, the registering tribunal shall cause the order to 
be filed as an order of a tribunal of another state, or a foreign support order, together 
with one copy of the documents and information, regardless of their form.
(3)
(a)
A petition or comparable pleading seeking a remedy that shall be affirmatively 
sought under law of this state may be filed at the same time as the request for 
registration or later. 
(b)
The pleading shall specify the grounds for the remedy sought.
(4)
If two or more orders are in effect, the person requesting registration shall:
(a)
furnish to the tribunal a copy of every support order asserted to be in effect in 
addition to the documents specified in this section;
(b)
specify the order alleged to be the controlling order, if any; and
(c)
specify the amount of consolidated arrears, if any.
(5)
(a)
A request for a determination of which is the controlling order may be filed 
separately or with a request for registration and enforcement or for registration and 
modification. 
(b)
The person requesting registration shall give notice of the request to each party 
whose rights may be affected by the determination.
Section 210, Section 
81-8-603
, which is renumbered from Section 78B-14-603 is renumbered 
and amended to read:
78B-14-603
81-8-603
. Effect of registration for enforcement.
(1)
A support order or income-withholding order issued in another state, or a foreign 
support order, is registered when the order is filed in the registering tribunal of this state.
(2)
A registered support order issued in another state or a foreign country is enforceable in 
the same manner and is subject to the same procedures as an order issued by a tribunal 
of this state.
(3)
Except as otherwise provided in this chapter, a tribunal of this state shall recognize and 
enforce, but may not modify, a registered support order if the issuing tribunal had 
jurisdiction.
Section 211, Section 
81-8-604
, which is renumbered from Section 78B-14-604 is renumbered 
and amended to read:
78B-14-604
81-8-604
. Choice of law.
(1)
Except as otherwise provided in Subsection 
(4)
, the law of the issuing state or foreign 
country governs:
(a)
the nature, extent, amount, and duration of current payments under a registered 
support order;
(b)
the computation and payment of arrearages and accrual of interest on the arrearages 
under the support order; and
(c)
the existence and satisfaction of other obligations under the support order.
(2)
In a proceeding for arrears under a registered support order, the statute of limitation of 
this state or of the issuing state or foreign country, whichever is longer, applies.
(3)
A responding tribunal of this state shall apply the procedures and remedies of this state 
to enforce current support and collect arrears and interest due on a support order of 
another state or a foreign country registered in this state.
(4)
After a tribunal of this or another state determines which is the controlling order and 
issues an order consolidating arrears, if any, a tribunal of this state shall prospectively 
apply the law of the state or foreign country issuing the controlling order, including its 
law on interest on arrears, on current and future support, and on consolidated arrears.
Section 212, Section 
81-8-605
, which is renumbered from Section 78B-14-605 is renumbered 
and amended to read:
78B-14-605
81-8-605
. Notice of registration of order.
(1)
(a)
When a support order or income-withholding order issued in another state, or a 
foreign support order, is registered, the registering tribunal of this state shall notify 
the nonregistering party. 
(b)
The notice shall be accompanied by a copy of the registered order and the documents 
and relevant information accompanying the order.
(2)
A notice shall inform the nonregistering party:
(a)
that a registered order is enforceable as of the date of registration in the same manner 
as an order issued by a tribunal of this state;
(b)
that a hearing to contest the validity or enforcement of the registered order shall be 
requested within 20 days after notice, unless the registered order is under Section 
78B-14-707
81-8-707
;
(c)
that failure to contest the validity or enforcement of the registered order in a timely 
manner will result in confirmation of the order and enforcement of the order and the 
alleged arrearages; and
(d)
of the amount of any alleged arrearages.
(3)
If the registering party asserts that two or more orders are in effect, a notice shall also:
(a)
identify the two or more orders and the order alleged by the registering party to be 
the controlling order and the consolidated arrears, if any;
(b)
notify the nonregistering party of the right to a determination of which is the 
controlling order;
(c)
state that the procedures provided in Subsection 
(2)
 apply to the determination of 
which is the controlling order; and
(d)
state that failure to contest the validity or enforcement of the order alleged to be the 
controlling order in a timely manner may result in confirmation that the order is the 
controlling order.
(4)
Upon registration of an income-withholding order for enforcement, the 
support 
enforcement
child support services
 agency or the registering tribunal shall notify the 
obligor's employer 
pursuant to
in accordance with
Title 26B, Chapter 9, Part 3, Income 
Withholding in IV-D Cases
.
Section 213, Section 
81-8-606
, which is renumbered from Section 78B-14-606 is renumbered 
and amended to read:
78B-14-606
81-8-606
. Procedure to contest validity or enforcement of 
registered support order.
(1)
(a)
A nonregistering party seeking to contest the validity or enforcement of a 
registered support order in this state shall request a hearing within the time required 
by Section 
78B-14-605
81-8-605
. 
(b)
The nonregistering party may seek to vacate the registration, to assert any defense to 
an allegation of noncompliance with the registered order, or to contest the remedies 
being sought or the amount of any alleged arrearages pursuant to Section 
78B-14-607
81-8-607
.
(2)
If the nonregistering party fails to contest the validity or enforcement of the registered 
support order in a timely manner, the order is confirmed by operation of law.
(3)
If a nonregistering party requests a hearing to contest the validity or enforcement of the 
registered support order, the registering tribunal shall schedule the matter for hearing 
and give notice to the parties of the date, time, and place of the hearing.
Section 214, Section 
81-8-607
, which is renumbered from Section 78B-14-607 is renumbered 
and amended to read:
78B-14-607
81-8-607
. Contest of registration or enforcement.
(1)
A party contesting the validity or enforcement of a registered support order or seeking 
to vacate the registration has the burden of proving one or more of the following 
defenses:
(a)
the issuing tribunal lacked personal jurisdiction over the contesting party;
(b)
the order was obtained by fraud;
(c)
the order has been vacated, suspended, or modified by a later order;
(d)
the issuing tribunal has stayed the order pending appeal;
(e)
there is a defense under the law of this state to the remedy sought;
(f)
full or partial payment has been made;
(g)
the statute of limitation under Section 
78B-14-604
81-8-604
 precludes enforcement 
of some or all of the alleged arrearages; or
(h)
the alleged controlling order is not the controlling order.
(2)
(a)
If a party presents evidence establishing a full or partial defense under Subsection 
(1)
, a tribunal may stay enforcement of a registered support order, continue the 
proceeding to permit production of additional relevant evidence, and issue other 
appropriate orders. 
(b)
An uncontested portion of the registered support order may be enforced by all 
remedies available under the law of this state.
(3)
If the contesting party does not establish a defense under Subsection 
(1)
 to the validity 
or enforcement of a registered support order, the registering tribunal shall issue an order 
confirming the order.
Section 215, Section 
81-8-608
, which is renumbered from Section 78B-14-608 is renumbered 
and amended to read:
78B-14-608
81-8-608
. Confirmed order.
Confirmation of a registered support order, whether by operation of law or after notice 
and hearing, precludes further contest of the order with respect to any matter that could have 
been asserted at the time of registration.
Section 216, Section 
81-8-609
, which is renumbered from Section 78B-14-609 is renumbered 
and amended to read:
78B-14-609
81-8-609
. Procedure to register child support order of another 
state for modification.
(1)
A party or 
support enforcement
child support services
 agency seeking to modify, 
or to modify and enforce, a child support order issued in another state shall register that 
order in this state in the same manner provided in Sections 
78B-14-601
 through 
78B-14-608
81-8-601
 through 
81-8-608
 if the order has not been registered. 
(2)
A petition for modification may be filed at the same time as a request for registration, or 
later. 
(3)
The pleading shall specify the grounds for modification.
Section 217, Section 
81-8-610
, which is renumbered from Section 78B-14-610 is renumbered 
and amended to read:
78B-14-610
81-8-610
. Effect of registration for modification.
A tribunal of this state may enforce a child support order of another state registered for 
purposes of modification, in the same manner as if the order had been issued by a tribunal of 
this state, but the registered support order may be modified only if the requirements of Section 
78B-14-611
 or 
78B-14-613
81-8-611
 or 
81-8-613
 have been met.
Section 218, Section 
81-8-611
, which is renumbered from Section 78B-14-611 is renumbered 
and amended to read:
78B-14-611
81-8-611
. Modification of child support order of another state.
(1)
If Section 
78B-14-613
81-8-613
 does not apply, upon petition a tribunal of this state 
may modify a child support order issued in another state which is registered in this state 
if, after notice and hearing, the tribunal finds that:
(a)
the following requirements are met:
(i)
neither the child, nor the obligee who is an individual, nor the obligor resides in 
the issuing state;
(ii)
a petitioner who is a nonresident of this state seeks modification; and
(iii)
the respondent is subject to the personal jurisdiction of the tribunal of this state; 
or
(b)
this state is the residence of the child, or a party who is an individual, is subject to 
the personal jurisdiction of the tribunal of this state and all of the parties who are 
individuals have filed consents in a record in the issuing tribunal for a tribunal of this 
state to modify the support order and assume continuing, exclusive jurisdiction.
(2)
Modification of a registered child support order is subject to the same requirements, 
procedures, and defenses that apply to the modification of an order issued by a tribunal 
of this state and the order may be enforced and satisfied in the same manner.
(3)
(a)
A tribunal of this state may not modify any aspect of a child support order that 
may not be modified under the law of the issuing state, including the duration of the 
obligation of support. 
(b)
If two or more tribunals have issued child support orders for the same obligor and 
same child, the order that controls and shall be so recognized under Section 
78B-14-207
81-8-207
 establishes the aspects of the support order 
which
that
 are 
nonmodifiable.
(4)
(a)
In a proceeding to modify a child support order, the law of the state that is 
determined to have issued the initial controlling order governs the duration of the 
obligation of support. 
(b)
The obligor's fulfillment of the duty of support established by that order precludes 
imposition of a further obligation of support by a tribunal of this state.
(5)
On issuance of an order by a tribunal of this state modifying a child support order issued 
in another state, the tribunal of this state becomes the tribunal of continuing, exclusive 
jurisdiction.
(6)
Notwithstanding Subsections 
(1)
 through 
(5)
 and Subsection 
78B-14-201(2)
81-8-201(2)
, a tribunal of this state retains jurisdiction to modify an order issued by a 
tribunal of this state if:
(a)
one party resides in another state; and
(b)
the other party resides outside the United States.
Section 219, Section 
81-8-612
, which is renumbered from Section 78B-14-612 is renumbered 
and amended to read:
78B-14-612
81-8-612
. Recognition of order modified in another state.
If a child support order issued by a tribunal of this state is modified by a tribunal of 
another state that assumed jurisdiction 
pursuant to
in accordance with
 the Uniform Interstate 
Family Support Act, a tribunal of this state:
(1)
may enforce 
its
the tribunal's
 order that was modified only as to arrears and interest 
accruing before the modification;
(2)
may provide appropriate relief for violations of 
its
the tribunal's
 order which occurred 
before the effective date of the modification; and
(3)
shall recognize the modifying order of the other state, upon registration, for the purpose 
of enforcement.
Section 220, Section 
81-8-613
, which is renumbered from Section 78B-14-613 is renumbered 
and amended to read:
78B-14-613
81-8-613
. Jurisdiction to modify child support order of another 
state when individual parties reside in this state.
(1)
If all of the parties who are individuals reside in this state and the child does not reside 
in the issuing state, a tribunal of this state has jurisdiction to enforce and to modify the 
issuing state's child support order in a proceeding to register that order.
(2)
A tribunal of this state exercising jurisdiction under this section shall apply the 
provisions of this part, 
Part 1, General Provisions
, and 
Part 2, Jurisdiction
, and the 
procedural and substantive law of this state to the proceeding for enforcement or 
modification. 
Part 3, Civil Provisions of General Application
, 
Part 4, Establishment of 
Support Order or Determination of Parentage
, 
Part 5, Enforcement of Support Order 
Without Registration
, 
Part 7, Support Proceedings Under Convention
, and 
Part 8, 
Rendition
, do not apply.
Section 221, Section 
81-8-614
, which is renumbered from Section 78B-14-614 is renumbered 
and amended to read:
78B-14-614
81-8-614
. Notice to issuing tribunal of modification.
(1)
Within 30 days after issuance of a modified child support order, the party obtaining 
the modification shall file a certified copy of the order with the issuing tribunal that had 
continuing, exclusive jurisdiction over the earlier order, and in each tribunal in which 
the party knows the earlier order has been registered. 
(2)
A party who obtains the order and fails to file a certified copy is subject to appropriate 
sanctions by a tribunal in which the issue of failure to file arises. 
(3)
The failure to file does not affect the validity or enforceability of the modified order of 
the new tribunal having continuing, exclusive jurisdiction.
Section 222, Section 
81-8-615
, which is renumbered from Section 78B-14-615 is renumbered 
and amended to read:
78B-14-615
81-8-615
. Jurisdiction to modify child support order of foreign 
country.
(1)
Except as otherwise provided in Section 
78B-14-711
81-8-711
, if a foreign country 
lacks or refuses to exercise jurisdiction to modify its child support order pursuant to its 
laws, a tribunal of this state may assume jurisdiction to modify the child support order 
and bind all individuals subject to the personal jurisdiction of the tribunal whether or not 
the consent to modification of a child support order otherwise required of the individual 
pursuant to Section 
78B-14-611
in accordance with Section 
81-8-611
 has been given or 
whether the individual seeking modification is a resident of this state or of the foreign 
country.
(2)
An order issued by a tribunal of this state modifying a foreign child support order 
pursuant to
in accordance with
 this section is the controlling order.
Section 223, Section 
81-8-616
, which is renumbered from Section 78B-14-616 is renumbered 
and amended to read:
78B-14-616
81-8-616
. Procedure to register child support order of foreign 
country for modification.
(1)
A party or 
support enforcement
child support services
 agency seeking to modify, 
or to modify and enforce, a foreign child support order not under the convention may 
register that order in this state under Sections 
78B-14-601
 through 
78B-14-608
81-8-601
 through 
81-8-608
 if the order has not been registered. 
(2)
A petition for modification may be filed at the same time as a request for registration, or 
at another time. 
(3)
The petition shall specify the grounds for modification.
Section 224, Section 
81-8-701
, which is renumbered from Section 78B-14-701.5 is renumbered 
and amended to read:
7. Support Proceedings Under Convention
78B-14-701.5
81-8-701
. Definitions for part.
As used in this part:
(1)
"Application" means a request under the convention by an obligee or obligor, or on 
behalf of a child, made through a central authority for assistance from another central 
authority.
(2)
"Central authority" means the entity designated by the United States or a foreign 
country described in Subsection 
78B-14-102(5)(d)
81-8-102(8)(d)
 to perform the 
functions specified in the convention.
(3)
"Convention support order" means a support order of a tribunal of a foreign country 
described in Subsection 
78B-14-102(5)(d)
81-8-102(8)(d)
.
(4)
"Direct request" means a petition filed by an individual in a tribunal of this state in a 
proceeding involving an obligee, obligor, or child residing outside the United States.
(5)
"Foreign central authority" means the entity designated by a foreign country described 
in Subsection 
78B-14-102(5)(d)
81-8-102(8)(d)
 to perform the functions specified in 
the convention.
(6)
"Foreign support agreement":
(a)
means an agreement for support in a record that:
(i)
is enforceable as a support order in the country of origin;
(ii)
has been:
(A)
formally drawn up or registered as an authentic instrument by a foreign 
tribunal; or
(B)
authenticated by, or concluded, registered, or filed with a foreign tribunal; and
(iii)
may be reviewed and modified by a foreign tribunal; and
(b)
includes a maintenance arrangement or authentic instrument under the convention.
(7)
"United States central authority" means the Secretary of the United States Department 
of Health and Human Services.
Section 225, Section 
81-8-702
, which is renumbered from Section 78B-14-702 is renumbered 
and amended to read:
78B-14-702
81-8-702
. Applicability.
(1)
This part applies only to a support proceeding under the convention. 
(2)
In such a proceeding, if a provision of this part is inconsistent with 
Part 1, General 
Provisions
, 
Part 2, Jurisdiction
, 
Part 3, Civil Provisions of General Application
, 
Part 4, 
Establishment of Support Order or Determination of Parentage
, 
Part 5, Enforcement of 
Support Order Without Registration
, and 
Part 6, Registration, Enforcement, and 
Modification of Support Order
, this part controls.
Section 226, Section 
81-8-703
, which is renumbered from Section 78B-14-703 is renumbered 
and amended to read:
78B-14-703
81-8-703
. Relationship of Department of Health and Human 
Services to United States central authority.
The Utah Department of Health and Human Services is recognized as the agency 
designated by the United States central authority to perform specific functions under the 
convention.
Section 227, Section 
81-8-704
, which is renumbered from Section 78B-14-704 is renumbered 
and amended to read:
78B-14-704
81-8-704
. Initiation by Department of Health and Human Services 
of support proceeding under convention.
(1)
In a support proceeding under this part, the Utah Department of Health and Human 
Services shall:
(a)
transmit and receive applications; and
(b)
initiate or facilitate the institution of a proceeding regarding an application in a 
tribunal of this state.
(2)
The following support proceedings are available to an obligee under the convention:
(a)
recognition or recognition and enforcement of a foreign support order;
(b)
enforcement of a support order issued or recognized in this state;
(c)
establishment of a support order if there is no existing order, including, if necessary, 
determination of parentage of a child;
(d)
establishment of a support order if recognition of a foreign support order is refused 
under Subsection 
78B-14-708(2)(b)
81-8-708(2)(b)
, 
(d)
, or 
(i)
;
(e)
modification of a support order of a tribunal of this state; and
(f)
modification of a support order of a tribunal of another state or a foreign country.
(3)
The following support proceedings are available under the convention to an obligor 
against which there is an existing support order:
(a)
recognition of an order suspending or limiting enforcement of an existing support 
order of a tribunal of this state;
(b)
modification of a support order of a tribunal of this state; and
(c)
modification of a support order of a tribunal of another state or a foreign country.
(4)
A tribunal of this state may not require security, bond, or deposit, however described, to 
guarantee the payment of costs and expenses in proceedings under the convention.
Section 228, Section 
81-8-705
, which is renumbered from Section 78B-14-705 is renumbered 
and amended to read:
78B-14-705
81-8-705
. Direct request.
(1)
(a)
A petitioner may file a direct request seeking establishment or modification of a 
support order or determination of parentage of a child. 
(b)
In the proceeding, the law of this state applies.
(2)
(a)
A petitioner may file a direct request seeking recognition and enforcement of a 
support order or support agreement. 
(b)
In the proceeding, Sections 
78B-14-706
 through 
78B-14-713
81-8-706
 through 
81-8-713
 apply.
(3)
In a direct request for recognition and enforcement of a convention support order or 
foreign support agreement:
(a)
a security, bond, or deposit is not required to guarantee the payment of costs and 
expenses; and
(b)
an obligee or obligor that in the issuing country has benefitted from free legal 
assistance is entitled to benefit, at least to the same extent, from any free legal 
assistance provided for by the law of this state under the same circumstances.
(4)
A petitioner filing a direct request is not entitled to assistance from the 
Department of 
Human Services
Utah Department of Health and Human Services
.
(5)
This part does not prevent the application of laws of this state that provide simplified, 
more expeditious rules regarding a direct request for recognition and enforcement of a 
foreign support order or foreign support agreement.
Section 229, Section 
81-8-706
, which is renumbered from Section 78B-14-706 is renumbered 
and amended to read:
78B-14-706
81-8-706
. Registration of convention support order.
(1)
Except as otherwise provided in this part, a party who is an individual or a 
support 
enforcement
child support services
 agency seeking recognition of a convention support 
order shall register the order in this state as provided in 
Part 6, Registration, 
Enforcement, and Modification of Support Order
.
(2)
Notwithstanding Section 
78B-14-311
81-8-311
 and Subsection 
78B-14-602(1)
81-8-602(1)
, a request for registration of a convention support order shall be 
accompanied by:
(a)
a complete text of the support order or an abstract or extract of the support order 
drawn up by the issuing foreign tribunal, which may be in the form recommended by 
the Hague Conference on Private International Law;
(b)
a record stating that the support order is enforceable in the issuing country;
(c)
if the respondent did not appear and was not represented in the proceedings in the 
issuing country, a record attesting, as appropriate, either that the respondent had 
proper notice of the proceedings and an opportunity to be heard or that the 
respondent had proper notice of the support order and an opportunity to be heard in a 
challenge or appeal on fact or law before a tribunal;
(d)
a record showing the amount of arrears, if any, and the date the amount was 
calculated;
(e)
a record showing a requirement for automatic adjustment of the amount of support, if 
any, and the information necessary to make the appropriate calculations; and
(f)
if necessary, a record showing the extent to which the applicant received free legal 
assistance in the issuing country.
(3)
A request for registration of a convention support order may seek recognition and 
partial enforcement of the order.
(4)
A tribunal of this state may vacate the registration of a convention support order without 
the filing of a contest under Section 
78B-14-707
81-8-707
 only if, acting on its own 
motion, the tribunal finds that recognition and enforcement of the order would be 
manifestly incompatible with public policy.
(5)
The tribunal shall promptly notify the parties of the registration or the order vacating the 
registration of a convention support order.
Section 230, Section 
81-8-707
, which is renumbered from Section 78B-14-707 is renumbered 
and amended to read:
78B-14-707
81-8-707
. Contest of registered convention support order.
(1)
Except as otherwise provided in this part, Sections 
78B-14-605
 through 
78B-14-608
81-8-605
 through 
81-8-608
 apply to a contest of a registered convention support order.
(2)
A party contesting a registered convention support order shall file a contest not later 
than 30 days after notice of the registration, but if the contesting party does not reside in 
the United States, the contest shall be filed not later than 60 days after notice of the 
registration.
(3)
If the nonregistering party fails to contest the registered convention support order by the 
time specified in Subsection 
(2)
, the order is enforceable.
(4)
(a)
A contest of a registered convention support order may be based only on grounds 
set forth in Section 
78B-14-708
81-8-708
. 
(b)
The contesting party bears the burden of proof.
(5)
In a contest of a registered convention support order, a tribunal of this state:
(a)
is bound by the findings of fact on which the foreign tribunal based its jurisdiction; 
and
(b)
may not review the merits of the order.
(6)
A tribunal of this state deciding a contest of a registered convention support order shall 
promptly notify the parties of 
its
the tribunal's
 decision.
(7)
A challenge or appeal, if any, does not stay the enforcement of a convention support 
order unless there are exceptional circumstances.
Section 231, Section 
81-8-708
, which is renumbered from Section 78B-14-708 is renumbered 
and amended to read:
78B-14-708
81-8-708
. Recognition and enforcement of registered convention 
support order.
(1)
Except as otherwise provided in Subsection 
(2)
, a tribunal of this state shall recognize 
and enforce a registered convention support order.
(2)
The following grounds are the only grounds on which a tribunal of this state may refuse 
recognition and enforcement of a registered convention support order:
(a)
recognition and enforcement of the order is manifestly incompatible with public 
policy, including the failure of the issuing tribunal to observe minimum standards of 
due process, which include notice and an opportunity to be heard;
(b)
the issuing tribunal lacked personal jurisdiction consistent with Section 
78B-14-201
81-8-201
;
(c)
the order is not enforceable in the issuing country;
(d)
the order was obtained by fraud in connection with a matter of procedure;
(e)
a record transmitted in accordance with Section 
78B-14-706
81-8-706
 lacks 
authenticity or integrity;
(f)
a proceeding between the same parties and having the same purpose is pending 
before a tribunal of this state and that proceeding was the first to be filed;
(g)
the order is incompatible with a more recent support order involving the same parties 
and having the same purpose if the more recent support order is entitled to 
recognition and enforcement under this chapter in this state;
(h)
payment, to the extent alleged arrears have been paid in whole or in part;
(i)
in a case in which the respondent neither appeared nor was represented in the 
proceeding in the issuing foreign country:
(i)
if the law of that country provides for prior notice of proceedings, the respondent 
did not have proper notice of the proceedings and an opportunity to be heard; or
(ii)
if the law of that country does not provide for prior notice of the proceedings, the 
respondent did not have proper notice of the order and an opportunity to be heard 
in a challenge or appeal on fact or law before a tribunal; or
(j)
the order was made in violation of Section 
78B-14-711
81-8-711
.
(3)
If a tribunal of this state does not recognize a convention support order under 
Subsection 
(2)(b)
, 
(d)
, or 
(i)
:
(a)
the tribunal may not dismiss the proceeding without allowing a reasonable time for a 
party to request the establishment of a new convention support order; and
(b)
the 
Department of Human Services
Utah Department of Health and Human Services
shall take all appropriate measures to request a child support order for the obligee if 
the application for recognition and enforcement was received under Section 
78B-14-704
81-8-704
.
Section 232, Section 
81-8-709
, which is renumbered from Section 78B-14-709 is renumbered 
and amended to read:
78B-14-709
81-8-709
. Partial enforcement.
(1)
If a tribunal of this state does not recognize and enforce a convention support order 
in its entirety, 
it
the tribunal
 shall enforce any severable part of the order. 
(2)
An application or direct request may seek recognition and partial enforcement of a 
convention support order.
Section 233, Section 
81-8-710
, which is renumbered from Section 78B-14-710 is renumbered 
and amended to read:
78B-14-710
81-8-710
. Foreign support agreement.
(1)
Except as otherwise provided in Subsections 
(3)
 and 
(4)
, a tribunal of this state shall 
recognize and enforce a foreign support agreement registered in this state.
(2)
An application or direct request for recognition and enforcement of a foreign support 
agreement shall be accompanied by:
(a)
a complete text of the foreign support agreement; and
(b)
a record stating that the foreign support agreement is enforceable as an order of 
support in the issuing country.
(3)
A tribunal of this state may vacate the registration of a foreign support agreement only 
if, acting on its own motion, the tribunal finds that recognition and enforcement would 
be manifestly incompatible with public policy.
(4)
In a contest of a foreign support agreement, a tribunal of this state may refuse 
recognition and enforcement of the agreement if 
it
the tribunal
 finds:
(a)
recognition and enforcement of the agreement is manifestly incompatible with public 
policy;
(b)
the agreement was obtained by fraud or falsification;
(c)
the agreement is incompatible with a support order involving the same parties and 
having the same purpose in this state, another state, or a foreign country if the support 
order is entitled to recognition and enforcement under this chapter in this state; or
(d)
the record submitted under Subsection 
(2)
 lacks authenticity or integrity.
(5)
A proceeding for recognition and enforcement of a foreign support agreement shall be 
suspended during the pendency of a challenge to or appeal of the agreement before a 
tribunal of another state or a foreign country.
Section 234, Section 
81-8-711
, which is renumbered from Section 78B-14-711 is renumbered 
and amended to read:
78B-14-711
81-8-711
. Modification of convention child support order.
(1)
A tribunal of this state may not modify a convention child support order if the obligee 
remains a resident of the foreign country where the support order was issued unless:
(a)
the obligee submits to the jurisdiction of a tribunal of this state, either expressly or by 
defending on the merits of the case without objecting to the jurisdiction at the first 
available opportunity; or
(b)
the foreign tribunal lacks or refuses to exercise jurisdiction to modify 
its
the foreign 
tribunal's
 support order or issue a new support order.
(2)
If a tribunal of this state does not modify a convention child support order because the 
order is not recognized in this state, Subsection 
78B-14-708(3)
81-8-708(3)
 applies.
Section 235, Section 
81-8-712
, which is renumbered from Section 78B-14-712 is renumbered 
and amended to read:
78B-14-712
81-8-712
. Personal information -- Limit on use.
Personal information gathered or transmitted under this part may be used only for the 
purposes for which it was gathered or transmitted.
Section 236, Section 
81-8-713
, which is renumbered from Section 78B-14-713 is renumbered 
and amended to read:
78B-14-713
81-8-713
. Record in original language -- English translation.
A record filed with a tribunal of this state under this part shall be in the original 
language and, if not in English, shall be accompanied by an English translation.
Section 237, Section 
81-8-801
, which is renumbered from Section 78B-14-801 is renumbered 
and amended to read:
8. Rendition
78B-14-801
81-8-801
. Definitions for part -- Grounds for rendition.
(1)
For purposes of 
As used in 
this part, "governor" includes an individual performing the 
functions of governor or the executive authority of a state covered by this chapter.
(2)
The governor of this state may:
(a)
demand that the governor of another state surrender an individual found in the other 
state who is charged criminally in this state with having failed to provide for the 
support of an obligee; or
(b)
on the demand of the governor of another state, surrender an individual found in this 
state who is charged criminally in the other state with having failed to provide for the 
support of an obligee.
(3)
A provision for extradition of individuals not inconsistent with this chapter applies to 
the demand even if the individual whose surrender is demanded was not in the 
demanding state when the crime was allegedly committed and has not fled therefrom.
Section 238, Section 
81-8-802
, which is renumbered from Section 78B-14-802 is renumbered 
and amended to read:
78B-14-802
81-8-802
. Conditions of rendition.
(1)
Before making demand that the governor of another state surrender an individual 
charged criminally in this state with having failed to provide for the support of an 
obligee, the governor of this state may require a prosecutor of this state to demonstrate 
that at least 60 days previously the obligee had initiated proceedings for support 
pursuant to this chapter or that the proceeding would be of no avail.
(2)
(a)
If, under this chapter or a law substantially similar to this chapter, the governor of 
another state makes a demand that the governor of this state surrender an individual 
charged criminally in that state with having failed to provide for the support of a 
child or other individual to whom a duty of support is owed, the governor may 
require a prosecutor to investigate the demand and report whether a proceeding for 
support has been initiated or would be effective. 
(b)
If it appears that a proceeding would be effective but has not been initiated, the 
governor may delay honoring the demand for a reasonable time to permit the 
initiation of a proceeding.
(3)
(a)
If a proceeding for support has been initiated and the individual whose rendition is 
demanded prevails, the governor may decline to honor the demand. 
(b)
If the petitioner prevails and the individual whose rendition is demanded is subject to 
a support order, the governor may decline to honor the demand if the individual is 
complying with the support order.
Section 239, Section 
81-8-901
, which is renumbered from Section 78B-14-901 is renumbered 
and amended to read:
9. Applicability Provisions
78B-14-901
81-8-901
. Uniformity of application and construction.
(1)
This chapter is a uniform act. 
(2)
In applying and construing 
it
this chapter
, consideration shall be given to the need to 
promote uniformity of the law with respect to 
its
this uniform law's
 subject matter 
among states that enact 
it
this uniform law
.
Section 240, Section 
81-8-902
, which is renumbered from Section 78B-14-902 is renumbered 
and amended to read:
78B-14-902
81-8-902
. Transitional provision.
This chapter applies to proceedings begun on or after July 1, 2015:
(1)
to establish a support order or determine parentage of a child; or
(2)
to register, recognize, enforce, or modify a prior support order, determination, or 
agreement, whenever issued or entered.
Section 241, Section 
81-9-202
 is amended to read:
81-9-202
. Advisory guidelines for a custody and parent-time arrangement.
(1)
In addition to the parent-time schedules provided in Sections 
81-9-302
 and 
81-9-304
, 
the following advisory guidelines are suggested to govern a custody and parent-time 
arrangement between parents.
(2)
A parent-time schedule mutually agreed upon by both parents is preferable to a 
court-imposed solution.
(3)
A parent-time schedule shall be used to maximize the continuity and stability of the 
minor child's life.
(4)
Each parent shall give special consideration to make the minor child available to attend 
family functions including funerals, weddings, family reunions, religious holidays, 
important ceremonies, and other significant events in the life of the minor child or in the 
life of either parent which may inadvertently conflict with the parent-time schedule.
(5)
(a)
The court shall determine the responsibility for the pick up, delivery, and return of 
the minor child when the parent-time order is entered.
(b)
The court may change the responsibility described in Subsection (5)(a) at any time a 
subsequent modification is made to the parent-time order.
(c)
If the noncustodial parent will be providing transportation, the custodial parent shall:
(i)
have the minor child ready for parent-time at the time the minor child is to be 
picked up
; and
(ii)
be present at the custodial home or make reasonable alternate arrangements to 
receive the minor child at the time the minor child is returned.
(d)
If the custodial parent will be transporting the minor child, the noncustodial parent 
shall:
(i)
be at the appointed place at the time the noncustodial parent is to receive the 
minor child; and
(ii)
have the minor child ready to be picked up at the appointed time and place or 
have made reasonable alternate arrangements for the custodial parent to pick up 
the minor child.
(6)
A parent may not interrupt regular school hours for a school-age minor child for the 
exercise of parent-time.
(7)
The court may:
(a)
make alterations in the parent-time schedule to reasonably accommodate the work 
schedule of both parents; and
(b)
increase the parent-time allowed to the noncustodial parent but may not diminish the 
standardized parent-time provided in Sections 
81-9-302
 and 
81-9-304
.
(8)
The court may make alterations in the parent-time schedule to reasonably accommodate 
the distance between the parties and the expense of exercising parent-time.
(9)
A parent may not withhold parent-time or child support due to the other parent's failure 
to comply with a court-ordered parent-time schedule.
(10)
(a)
The custodial parent shall notify the noncustodial parent within 24 hours of 
receiving notice of all significant school, social, sports, and community functions in 
which the minor child is participating or being honored.
(b)
The noncustodial parent is entitled to attend and participate fully in the functions 
described in Subsection (10)(a).
(c)
The noncustodial parent shall have access directly to all school reports including 
preschool and daycare reports and medical records.
(d)
A parent shall immediately notify the other parent in the event of a medical 
emergency.
(11)
Each parent shall provide the other with the parent's current address and telephone 
number, email address, and other virtual parent-time access information within 24 hours 
of any change.
(12)
(a)
Each parent shall permit and encourage, during reasonable hours, reasonable and 
uncensored communications with the minor child, in the form of mail privileges and 
virtual parent-time if the equipment is reasonably available.
(b)
If the parents cannot agree on whether the equipment is reasonably available, the 
court shall decide whether the equipment for virtual parent-time is reasonably 
available
by taking into consideration:
(i)
the best interests of the minor child;
(ii)
each parent's ability to handle any additional expenses for virtual parent-time; and
(iii)
any other factors the court considers material.
(13)
(a)
Parental care is presumed to be better care for the minor child than surrogate care.
(b)
The court shall encourage the parties to cooperate in allowing the noncustodial 
parent, if willing and able to transport the minor child, to provide the child care. 
(c)
 Child care arrangements existing during the marriage are preferred as are child care 
arrangements with nominal or no charge.
(14)
Each parent shall:
(a)
provide all surrogate care providers with the name, current address, and telephone 
number of the other parent; and
(b)
provide the noncustodial parent with the name, current address, and telephone 
number of all surrogate care providers unless the court for good cause orders 
otherwise.
(15)
(a)
Each parent is entitled to an equal division of major religious holidays celebrated 
by the parents.
(b)
The parent who celebrates a religious holiday that the other parent does not celebrate 
shall have the right to be together with the minor child on the religious holiday.
(16)
If the minor child is on a different parent-time schedule than a sibling, based on 
Sections 
81-9-302
 and 
81-9-304
, the parents should consider if an upward deviation for 
parent-time with all the minor children so that parent-time is uniform between school 
aged and nonschool aged children, is appropriate.
(17)
(a)
When one or both parents are servicemembers or contemplating joining a 
uniformed service, the parents should resolve issues of custodial responsibility in the 
event of deployment as soon as practicable through reaching a voluntary agreement 
pursuant to Section 
78B-20-201
81-10-201
 or through court order obtained pursuant 
to this part. 
(b)
 Service members shall ensure their family care plan reflects orders and agreements 
entered and filed pursuant to 
Title 78B, Chapter 20,
Chapter 10,
 Uniform Deployed 
Parents Custody, Parent-time, and Visitation Act.
(18)
A parent shall immediately notify the other parent if:
(a)
the parent resides with an individual or provides an individual with access to the 
minor child; and
(b)
the parent knows that the individual:
(i)
is required to register as a sex offender
 or
,
 a kidnap offender
, or a child abuse 
offender
 for an offense against a minor child under Title 77, Chapter 41, 
Sex and 
Kidnap Offender Registry
Sex, Kidnap, and Child Abuse Offender Registry
;
 or
(ii)
is required to register as a child abuse offender under Title 77, Chapter 43, Child 
Abuse Offender Registry; or
(iii)
(ii)
has been convicted of:
(A)
a child abuse offense under Section 
76-5-109
, 
76-5-109.2
, 
76-5-109.3
, 
76-5-114
, or 
76-5-208
;
(B)
a sexual offense against a minor child under Title 76, Chapter 5, Part 4, Sexual 
Offenses;
(C)
an offense for kidnapping or human trafficking of a minor child under Title 
76, Chapter 5, Part 3, Kidnapping, Trafficking, and Smuggling;
(D)
a sexual exploitation offense against a minor child under Title 76, Chapter 5b, 
Sexual Exploitation Act; or
(E)
an offense that is substantially similar to an offense under Subsections 
(18)(b)(iii)(A)
(18)(b)(ii)(A)
 through (D).
(19)
(a)
For emergency purposes, whenever the minor child travels with a parent, the 
parent shall provide the following information to the other parent:
(i)
an itinerary of travel dates;
(ii)
destinations;
(iii)
places where the minor child or traveling parent can be reached; and
(iv)
the name and telephone number of an available third person who would be 
knowledgeable of the minor child's location.
(b)
Unchaperoned travel of a minor child under the age of five years is not 
recommended.
Section 242, Section 
81-9-203
 is amended to read:
81-9-203
. Custody and parent-time proceedings -- Requirements for parenting 
plan.
(1)
In a custody or parent-time proceeding that is not a divorce action, the court may require 
the parents to attend the mandatory educational course described in Section 
81-4-106
81-4-105
.
(2)
(a)
In a proceeding between parents regarding the custody or parent-time for a minor 
child, the parent shall file and serve a proposed parenting plan at the time of the filing 
of the parent's original petition or at the time of filing the parent's answer or 
counterclaim.
(b)
In a proceeding in which a parent seeks to modify custody provisions or a parenting 
plan, the parent shall file the proposed parenting plan with the petition to modify or 
the answer or counterclaim to the petition to modify.
(c)
A parent who desires joint legal custody shall file a proposed parenting plan in 
accordance with this section.
(3)
If a parent files a proposed parenting plan in compliance with this section, the parent 
may move the court for an order of default to adopt the plan if the other parent fails to 
file a proposed parenting plan as required by this section.
(4)
A parent may file and serve an amended proposed parenting plan according to the Utah 
Rules of Civil Procedure.
(5)
The parent submitting a proposed parenting plan shall attach a verified statement that 
the plan is proposed by that parent in good faith.
(6)
(a)
Both parents may submit a parenting plan which has been agreed upon.
(b)
The parents shall attach a verified statement to the parenting plan that is signed by 
both parents.
(7)
If the parents file inconsistent parenting plans, the court may appoint a guardian ad 
litem to represent the best interests of the minor child, who may, if necessary, file a 
separate parenting plan reflecting the best interests of the minor child.
(8)
(a)
If a parent is a service member, the parenting plan shall be consistent with 
Subsection (16).
(b)
If a parent becomes a service member after a parenting plan is adopted, the parents 
shall amend the existing parenting plan as soon as practical to comply with 
Subsection (16).
(9)
The objectives of a parenting plan are to:
(a)
provide for the minor child's physical care;
(b)
maintain the minor child's emotional stability;
(c)
provide for the minor child's changing needs as the minor child grows and matures in 
a way that minimizes the need for future modifications to the parenting plan;
(d)
set forth the authority and responsibilities of each parent with respect to the minor 
child consistent with the definitions outlined in this chapter;
(e)
minimize the minor child's exposure to harmful parental conflict;
(f)
encourage the parents, where appropriate, to meet the responsibilities to their minor 
child through agreements in the parenting plan rather than relying on judicial 
intervention; and
(g)
protect the best interests of the minor child.
(10)
(a)
The parenting plan shall contain:
(i)
provisions for resolution of future disputes between the parents, allocation of 
decision-making authority, and residential provisions for the minor child;
(ii)
provisions addressing notice and parent-time responsibilities in the event of the 
relocation of a party; and
(iii)
a process for resolving disputes, unless precluded or limited by statute.
(b)
A dispute resolution process under Subsection (10)(a)(iii) may include:
(i)
counseling;
(ii)
mediation or arbitration by a specified individual or agency; or
(iii)
court action.
(c)
In the dispute resolution process under Subsection (10)(b):
(i)
preference shall be given to the provisions in the parenting plan;
(ii)
parents shall use the designated process to resolve disputes relating to 
implementation of the plan, except those related to financial support, unless an 
emergency exists;
(iii)
a written record shall be prepared of any agreement reached in counseling or 
mediation and provided to each party;
(iv)
if arbitration becomes necessary, a written record shall be prepared and a copy of 
the arbitration award shall be provided to each party;
(v)
if the court finds that a parent has used or frustrated the dispute resolution process 
without good reason, the court may award attorney fees and financial sanctions to 
the prevailing parent;
(vi)
the district court has the right of review from the dispute resolution process; and
(vii)
the provisions of this Subsection (10)(c) shall be set forth in any final decree or 
order.
(11)
(a)
Subject to the other provisions of this Subsection (11), the parenting plan shall 
allocate decision-making authority to one or both parties regarding the minor child's 
education, healthcare, and religious upbringing. 
(b)
The parties may incorporate an agreement related to the care and growth of the minor 
child in these specified areas or in other areas into the plan that are consistent with 
parenting functions and the criteria outlined in Subsection (9). 
(c)
 Regardless of the allocation of decision-making in the parenting plan, a parent may 
make emergency decisions affecting the health or safety of the minor child.
(d)
A minor child's education plan shall designate the following:
(i)
the home residence for purposes of identifying the appropriate school or another 
specific plan that provides for where the minor child will attend school;
(ii)
which parent has authority to make education decisions for the minor child if the 
parents cannot agree; and
(iii)
whether one or both parents have access to the minor child during school and 
authority to check the minor child out of school.
(e)
If an education provision is not included in the parenting plan:
(i)
a parent with sole physical custody shall make the decisions listed in Subsection 
(11)(d);
(ii)
in the event of joint physical custody when one parent has custody a majority of 
the time
as described in Subsection 
81-9-205
(10):
(A)
the parent having the minor child the majority of the time shall make the 
decisions listed in Subsections (11)(d)(i) and (ii); and
(B)
both parents with joint physical custody shall have access to the minor child 
during school and authority to check the child out of school; or
(iii)
in the event of joint physical custody when the parents have custody an equal 
amount of time:
(A)
the court shall determine how the decisions listed in Subsections (11)(d)(i) 
and (ii) are made; and
(B)
both parents with joint physical custody shall have access to the minor child 
during school and authority to check the minor child out of school.
(12)
Each parent may make decisions regarding the day-to-day care and control of the 
minor child while the minor child is residing with that parent.
(13)
When mutual decision-making is designated but cannot be achieved, the parties shall 
make a good faith effort to resolve the issue through the dispute resolution process.
(14)
The parenting plan shall include a residential schedule that designates in which parent's 
home a minor child shall reside on given days of the year, including provisions for 
holidays, birthdays of family members, vacations, and other special occasions.
(15)
(a)
If a parent fails to comply with a provision of the parenting plan or a child 
support order, the other parent's obligations under the parenting plan or the child 
support order are not affected. 
(b)
 Failure to comply with a provision of the parenting plan or a child support order 
may result in a finding of contempt of court.
(16)
(a)
If a parent is a service member, the parenting plan shall contain provisions that 
address the foreseeable parenting and custodial issues likely to arise in the event of 
notification of deployment or other contingency, including long-term deployments, 
short-term deployments, death, incapacity, and noncombatant evacuation operations.
(b)
The provisions in the parenting plan described in Subsection (16)(a) shall comport 
substantially with the requirements of an agreement made pursuant to Section 
78B-20-201
81-10-201
.
Section 243, Section 
81-9-204
 is amended to read:
81-9-204
. Custody and parent-time of a minor child -- Custody factors -- 
Preferences.
(1)
In a proceeding between parents in which the custody and parent-time of a minor child 
is at issue, the court shall consider the best interests of the minor child in determining 
any form of custody and parent-time.
(2)
The court shall determine whether an order for custody or parent-time is in the best 
interests of the minor child by a preponderance of the evidence.
(3)
In determining any form of custody and parent-time under Subsection 
(1)
, the court 
shall consider:
(a)
for each parent, and in accordance with Section 
81-9-104
, evidence of domestic 
violence, physical abuse, or sexual abuse involving the minor child, the parent, or a 
household member of the parent;
(b)
whether the parent has intentionally exposed the minor child to pornography or 
material harmful to minors, as "material" and "harmful to minors" are defined in 
Section 
76-10-1201
; and
(c)
whether custody and parent-time would endanger the minor child's health or physical 
or psychological safety.
(4)
In determining the form of custody and parent-time that is in the best interests of the 
minor child, the court may consider, among other factors the court finds relevant, the 
following for each parent:
(a)
evidence of psychological maltreatment;
(b)
the parent's demonstrated understanding of, responsiveness to, and ability to meet the 
developmental needs of the minor child, including the minor child's:
(i)
physical needs;
(ii)
emotional needs;
(iii)
educational needs;
(iv)
medical needs; and
(v)
any special needs;
(c)
the parent's capacity and willingness to function as a parent, including:
(i)
parenting skills;
(ii)
co-parenting skills, including:
(A)
ability to appropriately communicate with the other parent;
(B)
ability to encourage the sharing of love and affection; and
(C)
willingness to allow frequent and continuous contact between the minor child 
and the other parent, except that, if the court determines that the parent is 
acting to protect the minor child from domestic violence, neglect, or abuse, the 
parent's protective actions may be taken into consideration; and
(iii)
ability to provide personal care rather than surrogate care;
(d)
the past conduct and demonstrated moral character of the parent as described in 
Subsection 
(9)
;
(e)
the emotional stability of the parent;
(f)
the parent's inability to function as a parent because of drug abuse, excessive 
drinking, or other causes;
(g)
the parent's reason for having relinquished custody or parent-time in the past;
(h)
duration and depth of desire for custody or parent-time;
(i)
the parent's religious compatibility with the minor child;
(j)
the parent's financial responsibility;
(k)
the child's interaction and relationship with step-parents, extended family members 
of other individuals who may significantly affect the minor child's best interests;
(l)
who has been the primary caretaker of the minor child;
(m)
previous parenting arrangements in which the minor child has been happy and 
well-adjusted in the home, school, and community;
(n)
the relative benefit of keeping siblings together;
(o)
the stated wishes and concerns of the minor child, taking into consideration the 
minor child's cognitive ability and emotional maturity;
(p)
the relative strength of the minor child's bond with the parent, meaning the depth, 
quality, and nature of the relationship between the parent and the minor child; and
(q)
any other factor the court finds relevant.
(5)
(a)
A minor child may not be required by either party to testify unless the trier of fact 
determines that extenuating circumstances exist that would necessitate the testimony 
of the minor child be heard and there is no other reasonable method to present the 
minor child's testimony.
(b)
(i)
The court may inquire and take into consideration the minor child's desires 
regarding future custody or parent-time schedules, but the expressed desires are 
not controlling and the court may determine the minor child's custody or 
parent-time otherwise.
(ii)
The desires of a minor child who is 14 years old or older shall be given added 
weight, but is not the single controlling factor.
(c)
(i)
If an interview with a minor child is conducted by the court in accordance with 
Subsection (5)(b), the interview shall be conducted by the court in camera.
(ii)
The prior consent of the parties may be obtained but is not necessary if the court 
finds that an interview with a minor child is the only method to ascertain the 
minor child's desires regarding custody.
(6)
(a)
Except as provided in Subsection (6)(b), a court may not discriminate against a 
parent due to a disability, as defined in Section 
57-21-2
, in awarding custody or 
determining whether a substantial change has occurred for the purpose of modifying 
an award of custody.
(b)
The court may not consider the disability of a parent as a factor in awarding custody 
or modifying an award of custody based on a determination of a substantial change in 
circumstances, unless the court makes specific findings that:
(i)
the disability significantly or substantially inhibits the parent's ability to provide 
for the physical and emotional needs of the minor child at issue; and
(ii)
the parent with a disability lacks sufficient human, monetary, or other resources 
available to supplement the parent's ability to provide for the physical and 
emotional needs of the minor child at issue.
(c)
Nothing in this section may be construed to apply to adoption proceedings under 
Title 78B, Chapter 6, Part 1, Utah Adoption Act
Chapter 13, Adoption
.
(7)
This section does not establish:
(a)
a preference for either parent solely because of the gender of the parent; or
(b)
a preference for or against joint physical custody or sole physical custody, but allows 
the court and the family the widest discretion to choose a parenting plan that is in the 
best interest of the minor child.
(8)
When an issue before the court involves custodial responsibility in the event of a 
deployment of a parent who is a service member and the service member has not yet 
been notified of deployment, the court shall resolve the issue based on the standards in 
Sections 
78B-20-306
 through 
78B-20-309
81-10-306
 through 
81-10-309
.
(9)
In considering the past conduct and demonstrated moral standards of each party under 
Subsection (4)(d) or any other factor a court finds relevant, the court may not:
(a)
(i)
consider or treat a parent's lawful possession or use of cannabis in a medicinal 
dosage form, a cannabis product in a medicinal dosage form, or a medical 
cannabis device, in accordance with Title 4, Chapter 41a, Cannabis Production 
Establishments and Pharmacies, Title 26B, Chapter 4, Part 2, Cannabinoid 
Research and Medical Cannabis, or Subsection 
58-37-3.7
(2) or (3) any differently 
than the court would consider or treat the lawful possession or use of any 
prescribed controlled substance; or
(ii)
discriminate against a parent because of the parent's status as a:
(A)
cannabis production establishment agent, as that term is defined in Section 
4-41a-102
;
(B)
medical cannabis pharmacy agent, as that term is defined in Section 
26B-4-201
;
(C)
medical cannabis courier agent, as that term is defined in Section 
26B-4-201
; 
or
(D)
medical cannabis cardholder in accordance with Title 26B, Chapter 4, Part 2, 
Cannabinoid Research and Medical Cannabis; or
(b)
discriminate against a parent based upon the parent's agreement or disagreement with 
a minor child of the couple's:
(i)
assertion that the minor child's gender identity is different from the minor child's 
biological sex; or
(ii)
practice of having or expressing a different gender identity than the minor child's 
biological sex.
(10)
(a)
The court shall consider evidence of domestic violence if evidence of domestic 
violence is presented.
(b)
The court shall consider as primary, the safety and well-being of the minor child and 
the parent who experiences domestic violence.
(c)
A court shall consider an order issued by a court in accordance with Title 78B, 
Chapter 7, Part 6, Cohabitant Abuse Protective Orders, as evidence of real harm or 
substantiated potential harm to the minor child.
(d)
If a parent relocates because of an act of domestic violence or family violence by the 
other parent, the court shall make specific findings and orders with regards to the 
application of Section 
81-9-209
.
(11)
Absent a showing by a preponderance of evidence of real harm or substantiated 
potential harm to the minor child:
(a)
it is in the best interest of the minor child to have frequent, meaningful, and 
continuing access to each parent following separation or divorce;
(b)
each parent is entitled to and responsible for frequent, meaningful, and continuing 
access with the parent's minor child consistent with the minor child's best interests; 
and
(c)
it is in the best interest of the minor child to have both parents actively involved in 
parenting the minor child.
(12)
Notwithstanding any other provision of this chapter, the court may not grant custody or 
parent-time of a minor child to a parent convicted of a sexual offense, as defined in 
Section 
77-37-2
, that resulted in the conception of the minor child unless:
(a)
the nonconvicted biological parent, or the legal guardian of the minor child, consents 
to custody or parent-time and the court determines it is in the best interest of the 
minor child to award custody or parent-time to the convicted parent; or
(b)
after the date of the conviction, the convicted parent and the nonconvicted parent 
cohabit and establish a mutual custodial environment for the minor child.
(13)
A denial of custody or parent-time under Subsection (12) does not:
(a)
terminate the parental rights of the parent denied parent-time or custody; or
(b)
affect the obligation of the convicted parent to financially support the minor child.
Section 244, Section 
81-9-208
 is amended to read:
81-9-208
. Modification or termination of a custody or parent-time order -- 
Noncompliance with a parent-time order.
(1)
The court has continuing jurisdiction to make subsequent changes to modify:
(a)
custody of a minor child if there is a showing of a substantial and material change in 
circumstances since the entry of the order; and
(b)
parent-time for a minor child if there is a showing that there is a change in 
circumstances since the entry of the order.
(2)
A substantial and material change in circumstances under Subsection (1)(a) includes a 
showing by a parent that the other parent:
(a)
resides with an individual or provides an individual with access to the minor child; 
and
(b)
knows that the individual:
(i)
is required to register as a sex offender
 or
,
 a kidnap offender
, or a child abuse 
offender
 for an offense against a minor child under Title 77, Chapter 41, 
Sex and 
Kidnap Offender Registry
Sex, Kidnap, and Child Abuse Offender Registry
;
 or
(ii)
is required to register as a child abuse offender under Title 77, Chapter 43, Child 
Abuse Offender Registry; or
(iii)
(ii)
has been convicted of:
(A)
a child abuse offense under Section 
76-5-109
, 
76-5-109.2
, 
76-5-109.3
, 
76-5-114
, or 
76-5-208
;
(B)
a sexual offense against a minor child under Title 76, Chapter 5, Part 4, Sexual 
Offenses;
(C)
an offense for kidnapping or human trafficking of a minor child under Title 
76, Chapter 5, Part 3, Kidnapping, Trafficking, and Smuggling;
(D)
a sexual exploitation offense against a minor child under Title 76, Chapter 5b, 
Sexual Exploitation Act; or
(E)
an offense that is substantially similar to an offense under Subsections 
(2)(b)(iii)(A)
(2)(b)(ii)(A)
 through (D).
(3)
On the petition of one or both of the parents, or the joint legal or physical custodians if 
they are not the parents, the court may, after a hearing, modify or terminate an order that 
established joint legal custody or joint physical custody if:
(a)
the verified petition or accompanying affidavit initially alleges that admissible 
evidence will show that there has been a substantial and material change in the 
circumstances of the minor child or one or both parents or joint legal or physical 
custodians since the entry of the order to be modified;
(b)
a modification of the terms and conditions of the order would be an improvement for 
and in the best interest of the minor child; and
(c)
(i)
both parents have complied in good faith with the dispute resolution procedure 
in accordance with Subsection 
81-9-205
(8); or
(ii)
if no dispute resolution procedure is contained in the order that established joint 
legal custody or joint physical custody, the court orders the parents to participate 
in a dispute resolution procedure in accordance with Subsection 
81-9-205
(13) 
unless the parents certify that, in good faith, they have used a dispute resolution 
procedure to resolve their dispute.
(4)
(a)
In determining whether the best interest of a minor child will be served by either 
modifying or terminating the joint legal custody or joint physical custody order, the 
court shall, in addition to other factors the court considers relevant, consider the 
factors described in Sections 
81-9-204
 and 
81-9-205
.
(b)
A court order modifying or terminating an existing joint legal custody or joint 
physical custody order shall contain written findings that:
(i)
a substantial and material change of circumstance has occurred; and
(ii)
a modification of the terms and conditions of the order would be an improvement 
for and in the best interest of the minor child.
(c)
The court shall give substantial weight to the existing joint legal custody or joint 
physical custody order when the minor child is thriving, happy, and well-adjusted.
(5)
The court shall, in every case regarding a petition for termination of a joint legal 
custody or joint physical custody order, consider reasonable alternatives to preserve the 
existing order in accordance with Section 
81-9-204
. 
(6)
The court may modify the terms and conditions of the existing order in accordance with 
this chapter and may order the parents to file a parenting plan in accordance with 
Section 
81-9-203
.
(7)
A parent requesting a modification from sole custody to joint legal custody or joint 
physical custody or both, or any other type of shared parenting arrangement, shall file 
and serve a proposed parenting plan with the petition to modify in accordance with 
Section 
81-9-203
.
(8)
If an issue before the court involves custodial responsibility in the event of deployment 
of one or both parents who are service members, and the service member has not yet 
been notified of deployment, the court shall resolve the issue based on the standards in 
Sections 
78B-20-306
 through 
78B-20-309
81-10-306
 through 
81-10-309
.
(9)
If the court finds that an action to modify custody or parent-time is filed or answered 
frivolously and, in a manner, designed to harass the other party, the court shall assess 
attorney fees as costs against the offending party.
(10)
If a petition to modify custody or parent-time provisions of a court order is made and 
denied, the court shall order the petitioner to pay the reasonable attorney fees expended 
by the prevailing party in that action if the court determines that the petition was without 
merit and not asserted or defended against in good faith.
(11)
If a motion or petition alleges noncompliance with a parent-time order by a parent, or a 
visitation order by a grandparent or other member of the immediate family where a 
visitation or parent-time right has been previously granted by the court, the court:
(a)
may award to the prevailing party:
(i)
actual attorney fees incurred;
(ii)
the costs incurred by the prevailing party because of the other party's failure to 
provide or exercise court-ordered visitation or parent-time, including:
(A)
court costs;
(B)
child care expenses;
(C)
transportation expenses actually incurred;
(D)
lost wages, if ascertainable; or
(E)
counseling for a parent or a minor child if ordered or approved by the court; or
(iii)
any other appropriate equitable remedy; and
(b)
shall award reasonable make-up parent-time to the prevailing party, unless make-up 
parent-time is not in the best interest of the minor child.
Section 245, Section 
81-9-209
 is amended to read:
81-9-209
. Notice of relocation -- Effect of relocation on parent-time schedule.
(1)
As used in this section, "relocation" means moving 150 miles or more from the 
residence of the other parent.
(2)
The relocating parent shall provide written notice to the other parent at least 60 days 
before the day on which the relocating parent intends to relocate. 
(3)
The written notice of relocation under Subsection (2) shall contain statements affirming :
(a)
the parent-time provisions in Subsection (9) or a parent-time schedule approved by 
both parties will be followed; and
(b)
that a parent will not interfere with the other's parental rights pursuant to court 
ordered parent-time arrangements or the parent-time schedule approved by both 
parties.
(4)
The court shall, upon motion of any party or upon the court's own motion, schedule a 
hearing with notice to:
(a)
review the notice of relocation and the relevant parent-time schedule under Section 
81-8-302
 or 
81-8-304
81-9-302
 or 
81-9-304
; and
(b)
 make appropriate orders regarding the parent-time schedule and costs for 
parent-time transportation.
(5)
In a hearing to review the notice of relocation, the court shall, in determining if the 
relocation of a custodial parent is in the best interest of the minor child, consider any 
other factors that the court considers relevant to the determination.
(6)
If the court determines that relocation is not in the best interest of the minor child, and 
the custodial parent relocates, the court may order a change of custody.
(7)
(a)
If the court finds that the relocation is in the best interest of the minor child, the 
court shall determine the parent-time schedule and allocate the transportation costs 
that will be incurred for the minor child to visit the noncustodial parent.
(b)
In making a determination under Subsection (7)(a), the court shall consider:
(i)
the reason for the parent's relocation;
(ii)
the additional costs or difficulty to both parents in exercising parent-time;
(iii)
the economic resources of both parents; and
(iv)
other factors the court considers necessary and relevant.
(8)
If a parent relocates because of an act of domestic violence or family violence by the 
other parent, the court shall make specific findings and orders with regard to the 
application of this section.
(9)
Unless otherwise ordered by the court, upon the relocation of one of the parties, the 
following schedule is the minimum parent-time the noncustodial parent is entitled to a 
minor child who is five to 18 years old:
(a)
in years ending in an odd number, the minor child shall spend the following holidays 
with the noncustodial parent:
(i)
Thanksgiving holiday beginning Wednesday until Sunday; and
(ii)
Spring break, if applicable, beginning the last day of school before the holiday 
until the day before school resumes;
(b)
in years ending in an even number, the minor child shall spend the following 
holidays with the noncustodial parent:
(i)
the entire winter school break period; and
(ii)
the Fall school break beginning the last day of school before the holiday until the 
day before school resumes;
(c)
extended parent-time equal to 1/2 of the summer or off-track time for consecutive 
weeks; and
(d)
one weekend per month, at the option and expense of the noncustodial parent.
(10)
For extended parent-time under Subsection (9)(c), the minor child should be returned 
to the custodial home no later than seven days before school begins, except that this 
week is counted when determining the amount of parent-time to be divided between the 
parents for the summer or off-track period.
(11)
(a)
The court may also set a parent-time schedule for a minor child who is younger 
than five years old.
(b)
The schedule shall take into consideration the following:
(i)
the age of the minor child;
(ii)
the developmental needs of the minor child;
(iii)
the distance between the parents' homes;
(iv)
the travel arrangements and cost;
(v)
the level of attachment between the minor child and the noncustodial parent; and
(vi)
any other factors relevant to the best interest of the minor child.
(12)
The noncustodial parent's monthly weekend entitlement is subject to the following 
restrictions.
(a)
(i)
If the noncustodial parent has not designated a specific weekend for 
parent-time, the noncustodial parent shall receive the last weekend of each month 
unless a holiday assigned to the custodial parent falls on that particular weekend.
(ii)
If a holiday assigned to the custodial parent falls on the last weekend of the 
month, the noncustodial parent is entitled to the next to the last weekend of the 
month.
(b)
If a noncustodial parent's extended parent-time or parent-time over a holiday extends 
into or through the first weekend of the next month, that weekend shall be considered 
the noncustodial parent's monthly weekend entitlement for that month.
(c)
If a minor child is out of school for teacher development days or snow days after the 
minor child begins the school year, or other days not included in the list of holidays 
in Subsection (9) and those days are contiguous with the noncustodial parent's 
monthly weekend parent-time, those days shall be included in the weekend 
parent-time.
(13)
The custodial parent is entitled to all parent-time not specifically allocated to the 
noncustodial parent.
(14)
In the event finances and distance preclude the exercise of minimum parent-time for 
the noncustodial parent during the school year, the court should consider awarding more 
time for the noncustodial parent during the summer time if it is in the best interests of 
the 
the 
minor child.
(15)
(a)
Upon the motion of any party, the court may order uninterrupted parent-time 
with the noncustodial parent for a minimum of 30 days during extended parent-time, 
unless the court finds it is not in the best interest of the minor child.
(b)
If the court orders uninterrupted parent-time during a period not covered by this 
section, the court shall specify in its order which parent is responsible for the minor 
child's travel expenses.
(16)
(a)
Unless otherwise ordered by the court the relocating party shall be responsible 
for all the minor child's travel expenses relating to Subsections (9)(a) and (b) and 1/2 
of the minor child's travel expenses relating to Subsection (9)(c), provided the 
noncustodial parent is current on all support obligations.
(b)
If the noncustodial parent has been found in contempt for not being current on all 
support obligations, the noncustodial parent is responsible for all of the minor child's 
travel expenses under Subsection (9), unless the court rules otherwise.
(c)
A responsible party shall make a reimbursement to the other for the minor child's 
travel expenses within 30 days of receipt of documents detailing those expenses.
(17)
The court may apply this provision to any preexisting decree of divorce.
(18)
Any action under this section may be set for an expedited hearing.
(19)
A parent who fails to comply with the notice of relocation in Subsection (2) is in 
contempt of the court's order.
Section 246, Section 
81-9-303
 is amended to read:
81-9-303
. Optional schedule for parent-time for a minor child five to 18 years 
old.
(1)
(a)
The optional parent-time schedule in this section applies to a minor child who is 
five to 18 years old.
(b)
For purposes of calculating child support, the optional parent-time schedule in this 
section is 145 overnights.
(c)
Any impact on child support shall be consistent with joint physical custody.
(2)
The parents and the court may consider the increased parent-time schedule in this 
section as a minimum parent-time schedule when the parties agree or the noncustodial 
parent can demonstrate:
(a)
the noncustodial parent has been actively involved in the minor child's life;
(b)
the parties can communicate effectively regarding the minor child or the 
noncustodial parent has a plan to accomplish effective communications regarding the 
minor child;
(c)
the noncustodial parent has the ability to facilitate the increased parent-time;
(d)
the increased parent-time would be in the best interest of the minor child; and
(e)
any other factor the court considers relevant.
(3)
In determining whether a noncustodial parent has been actively involved in the minor 
child's life, the court shall consider:
(a)
demonstrated responsibility in caring for the minor child;
(b)
involvement in childcare;
(c)
presence or volunteer efforts in the minor child's school and at extracurricular 
activities;
(d)
assistance with the minor child's homework;
(e)
involvement in preparation of meals, bath time, and bedtime for the minor child;
(f)
bonding with the minor child; and
(g)
any other factor the court considers relevant.
(4)
In determining whether a noncustodial parent has the ability to facilitate the increased 
parent-time, the court shall consider:
(a)
the geographic distance between the residences of the parents and the distance 
between the parents' residences and the minor child's school;
(b)
the noncustodial parent's ability to assist with after school care;
(c)
the health of the minor child and the noncustodial parent in accordance with 
Subsection 
81-9-204
(5)
81-9-204(4)
;
(d)
flexibility of employment or another schedule of the noncustodial parent;
(e)
ability to provide appropriate playtime with the minor child;
(f)
history and ability of the noncustodial parent to implement a flexible schedule for the 
minor child;
(g)
physical facilities of the noncustodial parent's residence; and
(h)
any other factor the court considers relevant.
(5)
If the parties agree or the court enters an order for the optional parent-time schedule 
under this section, a parenting plan in compliance with Section 
81-9-203
 shall be filed 
with any order incorporating the optional parent-time schedule described in Subsection 
(6).
(6)
The following schedule is considered the optional parent-time to which the noncustodial 
parent is entitled to the minor child:
(a)
(i)
one weekday evening to be specified by the noncustodial parent or the court or 
Wednesday evening if not specified, beginning at 5:30 p.m. and ending the 
following day upon delivering the minor child to school or at 8 a.m. if there is no 
school; or
(ii)
at the election of the noncustodial parent, one weekday specified by the 
noncustodial parent or the court:
(A)
beginning at the time the minor child's school is regularly dismissed until the 
following day upon delivering the minor child to school or at 8 a.m. if there is 
no school; or
(B)
if there is no school, the noncustodial parent is available to be with the minor 
child, and in accommodation with the custodial parent's work schedule, 
beginning at 8 a.m. and ending on the following day upon delivering the minor 
child to school or at 8 a.m. if there is no school;
(b)
(i)
beginning the first weekend after the entry of the decree, alternating weekends 
beginning at 6 p.m. on Friday and ending on Monday upon delivering the minor 
child to school or at 8 a.m. if there is no school; or
(ii)
at the election of the noncustodial parent, beginning the first weekend after the 
entry of the decree, alternating weekends:
(A)
beginning at the time the minor child's school is regularly dismissed on Friday 
and ending on Monday upon delivering the minor child to school or at 8 a.m. if 
there is no school; or
(B)
if there is no school, the noncustodial parent is available to be with the minor 
child, and in accommodation with the custodial parent's work schedule, 
beginning on Friday at 9 a.m. and ending on Monday upon delivering the 
minor child to school or at 8 a.m. if there is no school;
(c)
each holiday granted to the noncustodial parent in accordance with the holiday 
schedule described in Subsection (15); and
(d)
extended parent-time with the minor child when school is not in session for summer 
break in accordance with Subsection (7).
(7)
(a)
For extended parent-time with the minor child under Subsection (6)(d) and at the 
election of the noncustodial parent, the noncustodial parent is entitled up to four 
weeks of parent-time with the minor child, which may be consecutive, when school is 
not in session for summer break.
(b)
For the four weeks of extended parent-time for a noncustodial parent under 
Subsection (7)(a):
(i)
two weeks, which may be consecutive, shall be uninterrupted parent-time for the 
noncustodial parent; and
(ii)
two weeks, which may be consecutive, may be interrupted by the custodial parent 
for a weekday visit on the same day on which the noncustodial parent is granted 
weekday day parent-time.
(c)
A custodial parent is entitled to uninterrupted parent-time with the minor child for 
two weeks, which may be consecutive, when school is not in session for summer 
break.
(8)
(a)
Each parent shall provide notification to the other parent of the parent's plans for 
the exercise of parent-time for summer break under Subsection (7).
(b)
For the notification requirement under Subsection (8)(a):
(i)
in odd-numbered years:
(A)
the noncustodial parent shall provide notice to the custodial parent by May 1; 
and
(B)
the custodial parent shall provide notice to the noncustodial parent by May 15; 
and
(ii)
in even-numbered years:
(A)
the custodial parent shall provide notice to the noncustodial parent by May 1; 
and
(B)
the noncustodial parent shall provide notice to the custodial parent by May 15.
(c)
(i)
If a parent fails to provide a notification within the time periods described in 
Subsection (8)(b), the complying parent may determine the schedule for summer 
break for the noncomplying parent.
(ii)
If both parents fail to provide notice within the time periods described in 
Subsection (8)(b), the first parent to provide notice may determine the schedule 
for summer break for the other parent.
(d)
If a custodial parent intends to interrupt a noncustodial parent's parent-time under 
Subsection (7)(b)(ii), the custodial parent shall provide notification to the 
noncustodial parent of the intent to interrupt parent-time within 10 days after the day 
on which the custodial parent receives notification of the noncustodial parent's plans 
for the exercise of interrupted extended parent-time.
(9)
(a)
An election should be made by the noncustodial parent at the time of entry of the 
divorce decree or court order, except that the election may be changed by mutual 
agreement, court order, or by the noncustodial parent in the event of a change in the 
minor child's schedule.
(b)
An election by either parent concerning parent-time shall be made a part of the 
decree and made a part of the parent-time order.
(10)
(a)
Changes may not be made to the parent-time schedule under this section, except 
that if a conflict arises in the parent-time schedule, the following order of precedence 
shall be applied when determining which parent is entitled to parent-time:
(i)
the holiday schedule for Mother's Day or Father's Day under Subsection (15);
(ii)
the holiday schedule for the minor child's birthday, unless a parent is exercising 
uninterrupted extended parent-time under Subsection (7) and takes the minor child 
away from that parent's residence during the uninterrupted extended parent-time;
(iii)
the holiday schedule for any holiday under Subsection (15) that is not Father's 
Day, Mother's Day, or the minor child's birthday;
(iv)
extended parent-time under Subsection (7); and
(v)
the schedule for weekday or weekend parent-time.
(b)
A parent exercising parent-time for the minor child's birthday may bring other 
siblings along for the minor child's birthday.
(11)
A stepparent, grandparent, or other responsible adult designated by the noncustodial 
parent, may pick up the minor child for parent-time if the custodial parent is aware of 
the identity of the individual and the noncustodial parent will be with the minor child by 
7 p.m.
(12)
If a holiday falls on a regularly scheduled school day, the parent exercising parent-time 
shall be responsible for the minor child's attendance at school for that school day.
(13)
If there is more than one minor child and the minor children's school schedules vary 
for purpose of a holiday, at the option of the parent exercising the holiday or the parent's 
half of the holiday, the minor children may remain together for the holiday period 
beginning the first evening that all minor children's schools are dismissed for the holiday 
and ending the evening before any minor child returns to school.
(14)
If there is a minor child five to 18 years old and a minor child under five years old and 
both minor children are the children of the parties, the parents and the court should 
consider an upward deviation for parent-time with all the minor children so that 
parent-time is uniform based on a schedule under this section.
(15)
The following table is the holiday schedule for parent-time under this section.
 Holiday
Holiday Time Period
Years Noncustodial Parent is Granted Holiday
Years Custodial Parent is Granted Holiday
Dr. Martin Luther King Jr. Day
(1) Holiday begins Friday at:(a) 9 a.m. if school is not in session and the parent can be with the minor child;
(b) the time that school is regularly dismissed; or
(c) 6 p.m. at the election of the parent granted the holiday.
(2) Holiday ends:
(a) upon delivering of the minor child to school on the day following Dr. Martin Luther King Jr. Day; or
(b) at 8 a.m. on the day following Dr. Martin Luther King Jr. Day if there is no school.
Odd years
Even years
President's Day
(1) Holiday begins Friday at:
(a) 9 a.m. if school is not in session and the parent can be with the minor child;
(b) the time that school is regularly dismissed; or
(c) 6 p.m. at the election of the parent granted the holiday.
(2) Holiday ends:
(a) upon delivering the minor child to school on the day following President's Day; or
(b) at 8 a.m. on the day following President's Day if there is no school.
Even years
Odd years
Spring Break
(1) Holiday begins at 6 p.m. on the day that school dismisses for spring break.
(2) Holiday ends:
(a) upon delivering the minor child to school on the day following the end of spring break; or
(b) at 8 a.m. on the day following the end of spring break if there is no school.
Odd years
Even years
Memorial Day
(1) Holiday begins Friday at:
(a) 9 a.m. if school is not in session and the parent can be with the minor child;
(b) the time that school is regularly dismissed; or
(c) 6 p.m. at the election of the parent granted the holiday.
(2) Holiday ends:
(a) upon delivering the minor child to school on the day following Memorial Day; or
(b) at 8 a.m. on the day following Memorial Day if there is no school.
Even years
Odd years
Mother's Day
(1) Holiday begins on Mother's Day at 9 a.m.
(2) Holiday ends on Mother's Day at 7 p.m.
All years if noncustodial parent is the mother or other parent designated in the order.
All years if custodial parent is the mother or other parent designated in the order.
Father's Day
(1) Holiday begins on Father's Day at 9 a.m.
(2) Holiday ends on Father's Day at 7 p.m.
All years if noncustodial parent is the father or other parent designated in the order.
All years if custodial parent is the father or other parent designated in the order.
Juneteenth National Freedom Day
(1) Holiday begins at:
(a) 6 p.m. on the day before Juneteenth National Freedom Day if the day before Juneteenth National Freedom Day is not Father's Day; or
(b) 9 a.m. on Juneteenth National Freedom Day if the day before Juneteenth National Freedom Day is Father's Day.
(2) Holiday ends at 6 p.m. on the day following Juneteenth National Freedom Day.
Even years
Odd years
Independence Day
(1) Holiday begins on July 3rd at 6 p.m.
(2) Holiday ends on July 5th at 6 p.m.
Odd years
Even years
Pioneer Day
(1) Holiday begins on July 23rd at 6 p.m.
(2) Holiday ends on July 25th at 6 p.m. 
Even years
Odd years
Labor Day
(1) Holiday begins Friday at:
(a) 9 a.m. if school is not in session and the parent can be with the minor child;
(b) the time that school is regularly dismissed; or
(c) 6 p.m. at the election of the parent granted the holiday.
(2) Holiday ends:
(a) upon delivering the minor child to school on the day following Labor Day; or
(b) at 8 a.m. on the day following Labor Day if there is no school.
Odd years
Even years
Columbus Day
(1) Holiday begins at 6 p.m. on the day before Columbus Day.
(2) Holiday ends at 7 p.m. on Columbus Day.
Even years
Odd years
Fall Break
(1) Holiday begins at 6 p.m. on the day school is dismissed for fall break.
(2) Holiday ends:
(a) upon delivering the minor child to school on the day following the end of fall break; or
(b) at 8 a.m. on the day following the end of fall break if there is no school.
Odd years
Even years
Halloween
(1) Holiday begins on October 31st or the day that Halloween is traditionally celebrated in the local community:
(a) at the time that school is dismissed; or
(b) at 4 p.m. if there is no school.
(2) Holiday ends at 9 p.m. on the same day the holiday begins.
Even years
Odd years
Veterans Day
(1) Holiday begins at 6 p.m. on the day before Veterans Day.
(2) Holiday ends at 7 p.m. on Veterans Day.
Odd years
Even years
Thanksgiving
(1) Holiday begins on Wednesday at:
(a) 6 p.m.; or
(b) the time school is regularly dismissed for Thanksgiving at the election of the parent granted the holiday.
(2) Holiday ends:
(a) upon delivering the minor child to school on the Monday following Thanksgiving; or
(b) at 8 a.m. on the Monday following Thanksgiving if there is no school.
Even years
Odd years
Winter Break (First Half)
(1) Holiday begins at:
(a) 6 p.m. on the day that school dismisses for winter break; or
(b) the time school is regularly dismissed on the day that school dismisses for winter break at the election of the parent granted the holiday.
(2) Holiday ends on December 27th at 7 p.m. 
Odd years
Even years
Winter Break (Second Half)
(1) Holiday begins on December 27th at 7 p.m.
(2) Holiday ends upon delivering the minor child to school on the day that school resumes after the winter break.
Even years
Odd years
Day of Minor Child's Birthday
(1) Holiday begins at 3 p.m.
(2) Holiday ends at 9 p.m.
Even years
Odd years
Day Before or After Minor Child's Birthday
(1) Holiday begins at 3 p.m.
(2) Holiday ends at 9 p.m.
Odd years
Even years
Section 247, Section 
81-9-305
 is amended to read:
81-9-305
. Equal parent-time schedule.
(1)
(a)
A court may order the equal parent-time schedule described in this section if the 
court determines that:
(i)
the equal parent-time schedule is in the minor child's best interest;
(ii)
each parent has been actively involved in the minor child's life; and
(iii)
each parent can effectively facilitate the equal parent-time schedule.
(b)
To determine whether each parent has been actively involved in the minor child's 
life, the court shall consider:
(i)
each parent's demonstrated responsibility in caring for the minor child;
(ii)
each parent's involvement in child care;
(iii)
each parent's presence or volunteer efforts in the minor child's school and at 
extracurricular activities;
(iv)
each parent's assistance with the minor child's homework;
(v)
each parent's involvement in preparation of meals, bath time, and bedtime for the 
minor child;
(vi)
each parent's bond with the minor child; and
(vii)
any other factor the court considers relevant.
(c)
To determine whether each parent can effectively facilitate the equal parent-time 
schedule, the court shall consider:
(i)
the geographic distance between the residence of each parent and the distance 
between each residence and the minor child's school;
(ii)
each parent's ability to assist with the minor child's after school care;
(iii)
the health of the minor child and each parent, consistent with Subsection 
81-9-204
(5)
81-9-204(4)
;
(iv)
the flexibility of each parent's employment or other schedule;
(v)
each parent's ability to provide appropriate playtime with the minor child;
(vi)
each parent's history and ability to implement a flexible schedule for the minor 
child;
(vii)
physical facilities of each parent's residence; and
(viii)
any other factor the court considers relevant.
(2)
(a)
If the parties agree to or the court orders the equal parent-time schedule described 
in this section, a parenting plan in accordance with Section 
81-9-203
 shall be filed 
with an order incorporating the equal parent-time schedule.
(b)
An order under this section shall result in 182 overnights per year for one parent, and 
183 overnights per year for the other parent.
(c)
Under the equal parent-time schedule, a parent is not considered to have the minor 
child the majority of the time for the purposes of Subsection 
81-9-203
(11)(e)(ii) or 
81-9-205
(10).
(d)
Child support for the equal parent-time schedule shall be consistent with Section 
81-6-206
.
(e)
A court shall determine which parent receives 182 overnights and which parent 
receives 183 overnights for parent-time.
(3)
(a)
Unless the parents agree otherwise and subject to a holiday, the equal parent-time 
schedule is as follows:
(i)
one parent shall exercise parent-time starting Monday morning and ending 
Wednesday morning;
(ii)
the other parent shall exercise parent-time starting Wednesday morning and 
ending Friday morning; and
(iii)
each parent shall alternate weeks exercising parent-time starting Friday morning 
and ending Monday morning.
(b)
The child exchange shall take place:
(i)
at the time the minor child's school begins; or
(ii)
if school is not in session, at 9 a.m.
(4)
(a)
The parents may create a holiday schedule.
(b)
If the parents are unable to create a holiday schedule under Subsection (4)(a), the 
court shall:
(i)
order the holiday schedule described in Section 
81-9-302
 or 
81-9-304
; and
(ii)
designate which parent shall exercise parent-time for each holiday described in 
Section 
81-9-302
 or 
81-9-304
.
(5)
(a)
Each year, a parent may designate two consecutive weeks to exercise 
uninterrupted parent-time during the summer when school is not in session.
(b)
(i)
One parent may make a designation at any time and the other parent may make 
a designation after May 1.
(ii)
A parent shall make a designation at least 30 days before the day on which the 
designated two-week period begins.
(c)
The court shall designate which parent may make the earlier designation described in 
Subsection (5)(b)(i) for an even numbered year with the other parent allowed to make 
the earlier designation in an odd numbered year.
(d)
The two consecutive weeks described in Subsection (5)(a) take precedence over all 
holidays except for Mother's Day and Father's Day.
Section 248, Section 
81-9-402
 is amended to read:
81-9-402
. Custody and visitation for individuals other than a parent -- Venue.
(1)
(a)
In accordance with Section 
80-2a-201
, it is the public policy of this state that a 
parent retain the fundamental right and duty to exercise primary control over the care, 
supervision, upbringing, and education of a minor child of the parent.
(b)
There is a rebuttable presumption that a parent's decisions are in the minor child's 
best interests.
(2)
A court may find the presumption in Subsection (1) rebutted and grant custodial or 
visitation rights to an individual other than a parent who, by clear and convincing 
evidence, establishes that:
(a)
the individual has intentionally assumed the role and obligations of a parent;
(b)
the individual and the minor child have formed a substantial emotional bond and 
created a parent-child type relationship;
(c)
the individual substantially contributed emotionally or financially to the minor child's 
well being;
(d)
the assumption of the parental role is not the result of a financially compensated 
surrogate care arrangement;
(e)
the continuation of the relationship between the individual and the minor child is in 
the minor child's best interest;
(f)
the loss or cessation of the relationship between the individual and the minor child 
would substantially harm the minor child; and
(g)
the parent:
(i)
is absent; or
(ii)
is found by a court to have abused or neglected the minor child.
(3)
Notwithstanding Title 78B, Chapter 3a, Venue for Civil Actions, or Section 
78A-6-350
, 
an individual shall file a verified petition, or a petition supported by an affidavit, for 
custodial or visitation rights to the minor child in the juvenile court if a matter is pending 
in the juvenile court, or in the district court in the county where the minor child:
(a)
currently resides; or
(b)
lived with a parent or an individual other than a parent who acted as a parent within 
six months before the commencement of the action.
(4)
An individual may file a petition under this section in a pending divorce, parentage 
action, or other proceeding, including a proceeding in the juvenile court involving 
custody of or visitation with a minor child.
(5)
The petition shall include detailed facts supporting the petitioner's right to file the 
petition including the criteria set forth in Subsection (2) and residency information 
described in Section 
78B-13-209
81-11-209
.
(6)
An individual may not file a petition under this section against a parent who is actively 
serving outside the state in any branch of the military.
(7)
Notice of a petition filed pursuant to this chapter shall be served in accordance with the 
Utah Rules of Civil Procedure on all of the following:
(a)
the minor child's biological, adopted, presumed, declarant, and adjudicated parents;
(b)
any individual who has court-ordered custody or visitation rights;
(c)
the minor child's guardian;
(d)
the guardian ad litem, if one has been appointed;
(e)
an individual or agency that has physical custody of the minor child or that claims to 
have custody or visitation rights; and
(f)
any other individual or agency that has previously appeared in any action regarding 
custody of or visitation with the minor child.
(8)
The court may order a custody evaluation to be conducted in any proceeding brought 
under this section.
(9)
The court may enter temporary orders in a proceeding brought under this section 
pending the entry of final orders.
(10)
Except as provided in Subsection (11), a court may not grant custody of a minor child 
under this section to an individual:
(a)
who is not the parent of the minor child; and
(b)
who, before a custody order is issued, is convicted, pleads guilty, or pleads no 
contest to a felony or attempted felony involving conduct that constitutes any of the 
following:
(i)
child abuse, as described in Sections 
76-5-109
, 
76-5-109.2
, 
76-5-109.3
, and 
76-5-114
;
(ii)
child abuse homicide, as described in Section 
76-5-208
;
(iii)
child kidnapping, as described in Section 
76-5-301.1
;
(iv)
human trafficking of a child, as described in Section 
76-5-308.5
;
(v)
sexual abuse of a minor, as described in Section 
76-5-401.1
;
(vi)
rape of a child, as described in Section 
76-5-402.1
;
(vii)
object rape of a child, as described in Section 
76-5-402.3
;
(viii)
sodomy on a child, as described in Section 
76-5-403.1
;
(ix)
sexual abuse of a child, as described in Section 
76-5-404.1
, or aggravated sexual 
abuse of a child, as described in Section 
76-5-404.3
;
(x)
sexual exploitation of a minor, as described in Section 
76-5b-201
;
(xi)
aggravated sexual exploitation of a minor, as described in Section 
76-5b-201.1
; or
(xii)
an offense in another state that, if committed in this state, would constitute an 
offense described in this Subsection (10).
(11)
(a)
As used in this Subsection (11), "disqualifying offense" means an offense listed 
in Subsection (10) that prevents a court from granting custody except as provided in 
this Subsection (11).
(b)
An individual described in Subsection (10) may only be considered for custody of a 
minor child if the following criteria are met by clear and convincing evidence:
(i)
the individual is a relative, as defined in Section 
80-3-102
, of the minor child;
(ii)
at least 10 years have elapsed from the day on which the individual is 
successfully released from prison, jail, parole, or probation related to a 
disqualifying offense;
(iii)
during the 10 years before the day on which the individual files a petition with 
the court seeking custody the individual has not been convicted, plead guilty, or 
plead no contest to an offense greater than an infraction or traffic violation that 
would likely impact the health, safety, or well-being of the minor child;
(iv)
the individual can provide evidence of successful treatment or rehabilitation 
directly related to the disqualifying offense;
(v)
the court determines that the risk related to the disqualifying offense is unlikely to 
cause harm, as defined in Section 
80-1-102
, or potential harm to the minor child 
currently or at any time in the future when considering all of the following:
(A)
the minor child's age;
(B)
the minor child's gender;
(C)
the minor child's development;
(D)
the nature and seriousness of the disqualifying offense;
(E)
the preferences of a minor child who is 12 years old or older;
(F)
any available assessments, including custody evaluations, parenting 
assessments, psychological or mental health assessments, and bonding 
assessments; and
(G)
any other relevant information;
(vi)
the individual can provide evidence of the following:
(A)
the relationship with the minor child is of long duration;
(B)
that an emotional bond exists with the minor child; and
(C)
that custody by the individual who has committed the disqualifying offense 
ensures the best interests of the minor child are met;
(vii)
(A)
there is no other responsible relative known to the court who has or likely 
could develop an emotional bond with the minor child and does not have a 
disqualifying offense; or
(B)
if there is a responsible relative known to the court that does not have a 
disqualifying offense, Subsection (11)(d) applies; and
(viii)
that the continuation of the relationship between the individual with the 
disqualifying offense and the minor child could not be sufficiently maintained 
through any type of visitation if custody were given to the relative with no 
disqualifying offense described in Subsection (11)(d).
(c)
The individual with the disqualifying offense bears the burden of proof regarding 
why placement with that individual is in the best interest of the minor child over 
another responsible relative or equally situated individual who does not have a 
disqualifying offense.
(d)
If, as provided in Subsection (11)(b)(vii)(B), there is a responsible relative known to 
the court who does not have a disqualifying offense:
(i)
preference for custody is given to a relative who does not have a disqualifying 
offense; and
(ii)
before the court may place custody with the individual who has the disqualifying 
offense over another responsible, willing, and able relative:
(A)
an impartial custody evaluation shall be completed; and
(B)
a guardian ad litem shall be assigned.
(12)
Subsections (10) and (11) apply to a case pending on March 25, 2017, for which a final 
decision on custody has not been made and to a case filed on or after March 25, 2017.
Section 249, Section 
81-10-101
, which is renumbered from Section 78B-20-102 is renumbered 
and amended to read:
10. UNIFORM DEPLOYED PARENTS CUSTODY, PARENT-TIME, 
AND VISITATION ACT
1. General Provisions
78B-20-102
81-10-101
. Definitions for chapter.
As used in this chapter:
(1)
"Adult" means an individual who 
has attained
is at least
 18 years old or is an 
emancipated minor
 child
.
(2)
(a)
"Caretaking authority" means the right to live with and care for a child on a 
day-to-day basis.
(b)
"Caretaking authority" includes physical custody, parent-time, right to access, and 
visitation.
(3)
"Child" means:
(a)
an unemancipated individual who has not attained 18 years old
a minor child
; or
(b)
an adult son or daughter by birth or adoption, or under 
the 
law of this state other than 
this chapter, who is the subject of a court order concerning custodial responsibility.
(4)
"Court" means a tribunal, including an administrative agency, authorized under the law 
of this state other than this chapter to make, enforce, or modify a decision regarding 
custodial responsibility.
(5)
(a)
"Custodial responsibility" includes all powers and duties relating to caretaking 
authority and decision-making authority for a child.
 The term
(b)
"Custodial responsibility" 
includes physical custody, legal custody, parent-time, right 
to access, visitation, and authority to grant limited contact with a child.
(6)
(a)
"Decision-making authority" means the power to make important decisions 
regarding a child, including decisions regarding the child's education, religious 
training, health care, extracurricular activities, and travel.
 The term
(b)
"Decision-making authority" 
does not include the power to make decisions that 
necessarily accompany a grant of caretaking authority.
(7)
"Deploying parent" means a service member who is deployed or has been notified of 
impending deployment and is:
(a)
a parent of a child under the law of this state other than this chapter; or
(b)
an individual who has custodial responsibility for a child under the law of this state 
other than this chapter.
(8)
"Deployment" means the movement or mobilization of a service member for more than 
90 days but less than 18 months pursuant to uniformed service orders that:
(a)
are designated as unaccompanied;
(b)
do not authorize dependent travel; or
(c)
otherwise do not permit the movement of family members to the location to which 
the service member is deployed.
(9)
"Family care plan" means a formal written contingency plan mandated by regulation of 
the various departments and components of the uniformed service that requires certain 
service member parents of minor children to plan in advance for the smooth, rapid 
transfer of parental responsibilities to designees during the absence of the service 
member due to death, incapacity, short-term absences, long-term absences, including 
deployments, or noncombatant evacuation operations.
(10)
"Family member" means a sibling, aunt, uncle, cousin, stepparent, or grandparent of a 
child, or an individual recognized to be in a familial relationship with a child under the 
law of this state other than this chapter.
(11)
(a)
"Limited contact" means the authority of a nonparent to visit a child for a limited 
time.
(b)
"Limited contact" includes authority to take the child to a place other than the 
residence of the child.
(12)
"Nonparent" means an individual other than a deploying parent or other parent.
(13)
"Other parent" means an individual who, in common with a deploying parent, is:
(a)
a parent of a child under the law of this state other than this chapter; or
(b)
an individual who has custodial responsibility for a child under the law of this state 
other than this chapter.
(14)
"Record" means information that is inscribed on a tangible medium or that is stored in 
an electronic or other medium and is retrievable in perceivable form.
(15)
"Return from deployment" means the conclusion of a service member's deployment as 
specified in uniformed service orders.
(16)
" Service member" means a member of a uniformed service.
(17)
"Sign" means, with present intent to authenticate or adopt a record:
(a)
to execute or adopt a tangible symbol; or
(b)
to attach to or logically associate with the record an electronic symbol, sound, or 
process.
(18)
"State" means a state of the United States, the District of Columbia, Puerto Rico, the 
United States Virgin Islands, or any territory or insular possession subject to the 
jurisdiction of the United States.
(19)
"Uniformed service" means:
(a)
active and reserve components of the United States armed forces;
(b)
the United States Merchant Marine;
(c)
the commissioned corps of the United States Public Health Service;
(d)
the commissioned corps of the National Oceanic and Atmospheric Administration of 
the United States; or
(e)
the National Guard of a state.
Section 250, Section 
81-10-102
, which is renumbered from Section 78B-20-103 is renumbered 
and amended to read:
78B-20-103
81-10-102
. Remedies for noncompliance.
In addition to other remedies under the law of this state other than this chapter, if a court 
finds that a party to a proceeding under this chapter has acted in bad faith or intentionally 
failed to comply with this chapter or a court order issued under this chapter, the court may 
assess reasonable attorney fees and costs against the party and order other appropriate relief.
Section 251, Section 
81-10-103
, which is renumbered from Section 78B-20-104 is renumbered 
and amended to read:
78B-20-104
81-10-103
. Jurisdiction.
(1)
A court may issue an order regarding custodial responsibility under this chapter only if 
the court has jurisdiction under 
Title 78B, Chapter 13, Utah Uniform Child Custody 
Jurisdiction and Enforcement Act
Chapter 11, Uniform Child Custody Jurisdiction and 
Enforcement Act
.
(2)
If a court has issued a temporary order regarding custodial responsibility pursuant to 
Part 3, Judicial Procedure for Granting Custodial Responsibility During Deployment
, the 
residence of the deploying parent is not changed by reason of the deployment for the 
purposes of 
Title 78B, Chapter 13, Utah Uniform Child Custody Jurisdiction and 
Enforcement Act
Chapter 11, Uniform Child Custody Jurisdiction and Enforcement Act
, 
during the deployment.
(3)
If a court has issued a permanent order regarding custodial responsibility before notice 
of deployment and the parents modify that order temporarily by agreement pursuant to 
Part 2, Agreement Addressing Custodial Responsibility During Deployment
, the 
residence of the deploying parent is not changed by reason of the deployment for the 
purposes of 
Title 78B, Chapter 13, Utah Uniform Child Custody Jurisdiction and 
Enforcement Act
Chapter 11, Uniform Child Custody Jurisdiction and Enforcement Act
.
(4)
If a court in another state has issued a temporary order regarding custodial responsibility 
as a result of impending or current deployment, the residence of the deploying parent is 
not changed by reason of the deployment for the purposes of 
Title 78B, Chapter 13, 
Utah Uniform Child Custody Jurisdiction and Enforcement Act
Chapter 11, Uniform 
Child Custody Jurisdiction and Enforcement Act
.
(5)
This section does not prevent a court from exercising temporary emergency jurisdiction 
under 
Title 78B, Chapter 13, Utah Uniform Child Custody Jurisdiction and 
Enforcement Act
Chapter 11, Uniform Child Custody Jurisdiction and Enforcement Act
.
Section 252, Section 
81-10-104
, which is renumbered from Section 78B-20-105 is renumbered 
and amended to read:
78B-20-105
81-10-104
. Notification required of deploying parent.
(1)
(a)
Except as otherwise provided in Subsection 
(4)
 and subject to Subsection 
(3)
, a 
deploying parent shall in a record notify the other parent of a pending deployment not 
later than seven days after receiving notice of deployment unless reasonably 
prevented from doing so by the circumstances of service. 
(b)
If the circumstances of service prevent giving notification within the seven days, the 
deploying parent shall give the notification as soon as reasonably possible.
(2)
(a)
Except as otherwise provided in Subsection 
(4)
 and subject to Subsection 
(3)
, each 
parent shall in a record provide the other parent with a plan for fulfilling that parent's 
share of custodial responsibility during deployment. 
(b)
Each parent shall provide the plan as soon as reasonably possible after notification of 
deployment is given under Subsection 
(1)
.
(3)
(a)
If a court order currently in effect prohibits disclosure of the address or contact 
information of the other parent, notification of deployment under Subsection 
(1)
, or 
notification of a plan for custodial responsibility during deployment under Subsection 
(2)
, may be made only to the issuing court. 
(b)
If the address of the other parent is available to the issuing court, the court shall 
forward the notification to the other parent. 
(c)
The court shall keep confidential the address or contact information of the other 
parent.
(4)
Notification in a record under Subsection 
(1)
 or 
(2)
 is not required if the parents are 
living in the same residence and both parents have actual notice of the deployment or 
plan.
(5)
In a proceeding regarding custodial responsibility, a court may consider the 
reasonableness of a parent's efforts to comply with this section.
Section 253, Section 
81-10-105
, which is renumbered from Section 78B-20-106 is renumbered 
and amended to read:
78B-20-106
81-10-105
. Duty to notify of change of address.
(1)
(a)
Except as otherwise provided in Subsection 
(2)
, an individual to whom custodial 
responsibility has been granted during deployment pursuant to 
Part 2, Agreement 
Addressing Custodial Responsibility During Deployment
, or 
Part 3, Judicial 
Procedure for Granting Custodial Responsibility During Deployment
, shall notify the 
deploying parent and any other individual with custodial responsibility of a child of 
any change of the individual's mailing address or residence until the grant is 
terminated. 
(b)
The individual shall provide notice to any court that has issued a custody or child 
support order concerning the child, which is in effect.
(2)
(a)
If a court order currently in effect prohibits disclosure of the address or contact 
information of an individual to whom custodial responsibility has been granted, a 
notification under Subsection 
(1)
 may be made only to the court that issued the order. 
(b)
The court shall keep confidential the mailing address or residence of the individual to 
whom custodial responsibility has been granted.
Section 254, Section 
81-10-106
, which is renumbered from Section 78B-20-107 is renumbered 
and amended to read:
78B-20-107
81-10-106
. General consideration in custody proceeding of parent's 
military service.
In a proceeding for custodial responsibility of a child of a service member, a court may 
not consider a parent's past deployment or possible future deployment in itself in determining 
the best interest of the child but may consider any significant impact on the best interest of the 
child of the parent's past or possible future deployment.
Section 255, Section 
81-10-201
, which is renumbered from Section 78B-20-201 is renumbered 
and amended to read:
2. Agreement Addressing Custodial Responsibility During Deployment
78B-20-201
81-10-201
. Form of agreement.
(1)
(a)
The parents of a child may enter into a temporary agreement under this part 
granting custodial responsibility during deployment. 
(b)
When the parents of a child include one or more servicemembers, the parents should 
enter into an agreement granting custodial responsibility before notice of deployment, 
but may also enter into an agreement granting custodial responsibility following 
notice of deployment.
(2)
An agreement under Subsection 
(1)
 shall be:
(a)
in writing; and
(b)
signed by both parents and any nonparent to whom custodial responsibility is granted.
(3)
Subject to Subsection 
(4)
, an agreement under Subsection 
(1)
, if feasible, shall:
(a)
identify the destination, duration, and conditions of the deployment that is the basis 
for the agreement if the deployment has been noticed;
(b)
specify the allocation of caretaking authority among the deploying parent, the other 
parent, and any nonparent;
(c)
specify any decision-making authority that accompanies a grant of caretaking 
authority;
(d)
specify any grant of limited contact to a nonparent;
(e)
if under the agreement custodial responsibility is shared by the other parent and a 
nonparent, or by other nonparents, provide a process to resolve any dispute that may 
arise;
(f)
specify the frequency, duration, and means, including electronic means, by which the 
deploying parent will have contact with the child, any role to be played by the other 
parent in facilitating the contact, and the allocation of any costs of contact;
(g)
specify the contact between the deploying parent and child during the time the 
deploying parent is on leave or is otherwise available;
(h)
acknowledge that any party's child-support obligation cannot be modified by the 
agreement, and that changing the terms of the obligation during deployment requires 
modification in the appropriate court;
(i)
provide that the agreement will terminate according to the procedures under 
Part 4, 
Return from Deployment
, after the deploying parent returns from deployment; and
(j)
if the agreement is required to be filed pursuant to Section 
78B-20-205
81-10-205
, 
specify which parent is required to file the agreement.
(4)
The omission of any of the items specified in Subsection 
(3)
 does not invalidate an 
agreement under this section.
(5)
A servicemember shall ensure that the servicemember's family care plan reflects orders 
and agreements entered and filed 
pursuant to
in accordance with
 this chapter.
Section 256, Section 
81-10-202
, which is renumbered from Section 78B-20-202 is renumbered 
and amended to read:
78B-20-202
81-10-202
. Nature of authority created by agreement.
(1)
(a)
An agreement under this part is temporary and terminates pursuant to 
Part 4, 
Return from Deployment
, after the deploying parent returns from deployment, unless 
the agreement has been terminated before that time by court order or modification 
under Section 
78B-2-203
81-10-203
. 
(b)
The agreement may not create an independent, continuing right to caretaking 
authority, decision-making authority, or limited contact in an individual to whom 
custodial responsibility is given.
(2)
A nonparent who has caretaking authority, decision-making authority, or limited contact 
by an agreement under this part has standing to enforce the agreement until it has been 
terminated by court order, by modification under Section 
78B-20-203
81-10-203
, or 
under 
Part 4, Return from Deployment
.
Section 257, Section 
81-10-203
, which is renumbered from Section 78B-20-203 is renumbered 
and amended to read:
78B-20-203
81-10-203
. Modification of agreement.
(1)
By mutual consent, the parents of a child may modify an agreement regarding custodial 
responsibility made 
pursuant to
in accordance with
 this part.
(2)
If an agreement is modified under Subsection 
(1)
 before deployment of a deploying 
parent, the modification shall be in writing and signed by both parents and any 
nonparent who will exercise custodial responsibility under the modified agreement.
(3)
If an agreement is modified under Subsection 
(1)
 during deployment of a deployed 
parent, the modification shall be agreed to in a record by both parents and any nonparent 
who will exercise custodial responsibility under the modified agreement.
Section 258, Section 
81-10-204
, which is renumbered from Section 78B-20-204 is renumbered 
and amended to read:
78B-20-204
81-10-204
. Power of attorney.
(1)
A deploying parent, by power of attorney, may delegate all or part of custodial 
responsibility to an adult nonparent for the period of deployment if no other parent 
possesses custodial responsibility under the law of this state other than this chapter or if 
a court order currently in effect prohibits contact between the child and the other parent. 
(2)
The deploying parent may revoke the power of attorney by signing a revocation of the 
power.
Section 259, Section 
81-10-205
, which is renumbered from Section 78B-20-205 is renumbered 
and amended to read:
78B-20-205
81-10-205
. Filing agreement or power of attorney with court.
(1)
(a)
An agreement or power of attorney under this part shall be filed within a 
reasonable time with any court that has entered an order on custodial responsibility or 
child support that is in effect concerning the child who is the subject of the agreement 
or power. 
(b)
The case number and heading of the pending case concerning custodial responsibility 
or child support shall be provided to the court with the agreement or power.
(2)
Notwithstanding Subsection 
(1)
, failure to file an agreement or power of attorney does 
not invalidate an otherwise valid agreement or power of attorney.
Section 260, Section 
81-10-301
, which is renumbered from Section 78B-20-301 is renumbered 
and amended to read:
3. Judicial Procedure for Granting Custodial Responsibility During Deployment
78B-20-301
81-10-301
. Definitions for part.
In
As used in
 this part, "close and substantial relationship" means a relationship in 
which a significant bond exists between a child and a nonparent.
Section 261, Section 
81-10-302
, which is renumbered from Section 78B-20-302 is renumbered 
and amended to read:
78B-20-302
81-10-302
. Proceeding for temporary custody -- Order.
(1)
(a)
After a deploying parent receives notice of deployment and until the deployment 
terminates, a court may issue a temporary order granting custodial responsibility 
unless prohibited by Section 
39A-6-105
 and the Servicemembers Civil Relief Act, 50 
U.S.C. Appendix Sections 521 and 522. 
(b)
A court may not issue a permanent order granting custodial responsibility without 
the consent of the deploying parent.
(2)
(a)
At any time after a deploying parent receives notice of deployment, either parent 
may file a motion regarding custodial responsibility of a child during deployment. 
(b)
The motion shall be filed in a pending proceeding for custodial responsibility in a 
court with jurisdiction under Section 
78B-20-104
81-10-103
 or, if there is no 
pending proceeding in a court with jurisdiction under Section 
78B-20-104
81-10-103
, 
in a new action for granting custodial responsibility during deployment.
Section 262, Section 
81-10-303
, which is renumbered from Section 78B-20-303 is renumbered 
and amended to read:
78B-20-303
81-10-303
. Expedited hearing.
If a motion to grant custodial responsibility is filed under Subsection 
78B-20-302(2)
81-10-302(2)
 before a deploying parent deploys, the court shall conduct an expedited hearing.
Section 263, Section 
81-10-304
, which is renumbered from Section 78B-20-304 is renumbered 
and amended to read:
78B-20-304
81-10-304
. Testimony by electronic means.
In a proceeding under this part, a party or witness who is not reasonably available to 
appear personally may appear, provide testimony, and present evidence by electronic means 
unless the court finds good cause to require a personal appearance.
Section 264, Section 
81-10-305
, which is renumbered from Section 78B-20-305 is renumbered 
and amended to read:
78B-20-305
81-10-305
. Effect of prior judicial order or agreement.
In a proceeding for a grant of custodial responsibility 
pursuant to
in accordance with
this part, the following rules apply:
(1)
a prior judicial order designating custodial responsibility in the event of deployment is 
binding on the court unless the circumstances meet the requirements of the law of this 
state other than this chapter for modifying a judicial order regarding custodial 
responsibility; and
(2)
the court shall enforce a prior written agreement between the parents for designating 
custodial responsibility in the event of deployment, including an agreement executed 
under 
Part 2, Agreement Addressing Custodial Responsibility During Deployment
, 
unless the court finds that the agreement is contrary to the best interest of the child.
Section 265, Section 
81-10-306
, which is renumbered from Section 78B-20-306 is renumbered 
and amended to read:
78B-20-306
81-10-306
. Grant of caretaking or decision-making authority to 
nonparent.
(1)
On motion of a deploying parent and in accordance with the law of this state other than 
this chapter, if it is in the best interest of the child a court may grant caretaking authority 
to a nonparent who is an adult family member of the child with whom the child has a 
close and substantial relationship.
(2)
Unless a grant of caretaking authority to a nonparent under Subsection 
(1)
 is agreed to 
by the other parent, the grant is limited to an amount of time not greater than:
(a)
the amount of time granted to the deploying parent under a permanent custody order, 
but the court may add unusual travel time necessary to transport the child; or
(b)
in the absence of a permanent custody order that is currently in effect, the amount of 
time that the deploying parent habitually cared for the child before being notified of 
deployment, but the court may add unusual travel time necessary to transport the 
child.
(3)
(a)
A court may grant part of a deploying parent's decision-making authority, if the 
deploying parent is unable to exercise that authority, to a nonparent who is an adult 
family member of the child with whom the child has a close and substantial 
relationship. 
(b)
If a court grants the authority to a nonparent, the court shall specify the 
decision-making powers granted, including decisions regarding the child's education, 
religious training, health care, extracurricular activities, and travel.
Section 266, Section 
81-10-307
, which is renumbered from Section 78B-20-307 is renumbered 
and amended to read:
78B-20-307
81-10-307
. Grant of limited contact.
On motion of a deploying parent, and in accordance with the law of this state other than 
this chapter, unless the court finds that the contact would be contrary to the best interest of the 
child, a court shall grant limited contact to a nonparent who is a family member of the child or 
an individual with whom the child has a close and substantial relationship.
Section 267, Section 
81-10-308
, which is renumbered from Section 78B-20-308 is renumbered 
and amended to read:
78B-20-308
81-10-308
. Nature of authority created by temporary custody 
order.
(1)
(a)
A grant of authority under this part is temporary and terminates under 
Part 4, 
Return from Deployment
, after the return from deployment of the deploying parent, 
unless the grant has been terminated before that time by court order. 
(b)
The grant may not create an independent, continuing right to caretaking authority, 
decision-making authority, or limited contact in an individual to whom it is granted.
(2)
A nonparent granted caretaking authority, decision-making authority, or limited contact 
under this part has standing to enforce the grant until it is terminated by court order or 
under 
Part 4, Return from Deployment
.
Section 268, Section 
81-10-309
, which is renumbered from Section 78B-20-309 is renumbered 
and amended to read:
78B-20-309
81-10-309
. Content of temporary custody order.
(1)
An order granting custodial responsibility under this part shall:
(a)
designate the order as temporary; and
(b)
identify to the extent feasible the destination, duration, and conditions of the 
deployment.
(2)
If applicable, an order for custodial responsibility under this part shall:
(a)
specify the allocation of caretaking authority, decision-making authority, or limited 
contact among the deploying parent, the other parent, and any nonparent;
(b)
if the order divides caretaking or decision-making authority between individuals, or 
grants caretaking authority to one individual and limited contact to another, provide a 
process to resolve any dispute that may arise;
(c)
provide for liberal communication between the deploying parent and the child during 
deployment, including through electronic means, unless contrary to the best interest 
of the child, and allocate any costs of communications;
(d)
provide for liberal contact between the deploying parent and the child during the 
time the deploying parent is on leave or otherwise available, unless contrary to the 
best interest of the child;
(e)
provide for reasonable contact between the deploying parent and the child after 
return from deployment until the temporary order is terminated, even if the time of 
contact exceeds the time the deploying parent spent with the child before entry of the 
temporary order; and
(f)
provide that the order will terminate 
pursuant to
in accordance with
Part 4, Return 
from Deployment
, after the deploying parent returns from deployment.
Section 269, Section 
81-10-310
, which is renumbered from Section 78B-20-310 is renumbered 
and amended to read:
78B-20-310
81-10-310
. Order for child support.
If a court has issued an order granting caretaking authority under this part, or an 
agreement granting caretaking authority has been executed under 
Part 2, Agreement 
Addressing Custodial Responsibility During Deployment
, the court may enter a temporary 
order for child support consistent with the law of this state other than this chapter if the court 
has jurisdiction under 
Title 78B, Chapter 14, Utah Uniform Interstate Family Support Act
Chapter 8, Uniform Interstate Family Support Act
.
Section 270, Section 
81-10-311
, which is renumbered from Section 78B-20-311 is renumbered 
and amended to read:
78B-20-311
81-10-311
. Modifying or terminating grant of custodial 
responsibility to nonparent.
(1)
(a)
Except for an order under Section 
78B-20-305
81-10-305
, except as otherwise 
provided in Subsection 
(2)
, and consistent with Section 
39A-6-105
 and the 
Servicemembers Civil Relief Act, 50 U.S.C. Appendix Sections 521 and 522, on 
motion of a deploying parent, other parent, or any nonparent to whom caretaking 
authority, decision-making authority, or limited contact has been granted, the court 
may modify or terminate the grant if the modification or termination is consistent 
with this part and it is in the best interest of the child. 
(b)
A modification is temporary and terminates 
pursuant to
in accordance with
Part 4, 
Return from Deployment
, after the deploying parent returns from deployment, unless 
the grant has been terminated before that time by court order.
(2)
On motion of a deploying parent, the court shall terminate a grant of limited contact.
Section 271, Section 
81-10-401
, which is renumbered from Section 78B-20-401 is renumbered 
and amended to read:
4. Return from Deployment
78B-20-401
81-10-401
. Procedure for terminating temporary grant of custodial 
responsibility established by agreement.
(1)
At any time after return from deployment, a temporary agreement granting custodial 
responsibility under 
Part 2, Agreement Addressing Custodial Responsibility During 
Deployment
, may be terminated by an agreement to terminate signed by the deploying 
parent and the other parent.
(2)
A temporary agreement under 
Part 2, Agreement Addressing Custodial Responsibility 
During Deployment
, granting custodial responsibility terminates:
(a)
if an agreement to terminate under Subsection 
(1)
 specifies a date for termination, on 
that date; or
(b)
if the agreement to terminate does not specify a date, on the date the agreement to 
terminate is signed by the deploying parent and the other parent.
(3)
In the absence of an agreement under Subsection 
(1)
 to terminate, a temporary 
agreement granting custodial responsibility terminates under 
Part 2, Agreement 
Addressing Custodial Responsibility During Deployment
, 30 days after the deploying 
parent gives notice to the other parent that the deploying parent returned from 
deployment.
(4)
(a)
If a temporary agreement granting custodial responsibility was filed with a court 
pursuant to Section 
78B-20-205
in accordance with Section 
81-10-205
, an agreement 
to terminate the temporary agreement shall also be filed with that court within a 
reasonable time after the signing of the agreement. 
(b)
The case number and heading of the case concerning custodial responsibility or child 
support shall be provided to the court with the agreement to terminate.
Section 272, Section 
81-10-402
, which is renumbered from Section 78B-20-402 is renumbered 
and amended to read:
78B-20-402
81-10-402
. Consent procedure for terminating temporary grant of 
custodial responsibility established by court order.
(1)
At any time after a deploying parent returns from deployment, the deploying parent 
and the other parent may file with the court an agreement to terminate a temporary order 
for custodial responsibility issued under 
Part 3, Judicial Procedure for Granting 
Custodial Responsibility During Deployment
. 
(2)
After an agreement has been filed, the court shall issue an order terminating the 
temporary order effective on the date specified in the agreement. 
(3)
If a date is not specified, the order is effective immediately.
Section 273, Section 
81-10-403
, which is renumbered from Section 78B-20-403 is renumbered 
and amended to read:
78B-20-403
81-10-403
. Visitation before termination of temporary grant of 
custodial responsibility.
After a deploying parent returns from deployment until a temporary agreement or 
order for custodial responsibility established under Part 2, Agreement Addressing Custodial 
Responsibility During Deployment, or a provision of a court order specifying temporary 
custodial responsibility during deployment issued under Part 3, Judicial Procedure for 
Granting Custodial Responsibility During Deployment, or 
Title 81, 
Chapter 9, Custody, 
Parent-time, and Visitation, is terminated, the court shall issue a temporary order granting the 
deploying parent reasonable contact with the child unless it is contrary to the best interest of 
the child, even if the time of contact exceeds the time the deploying parent spent with the child 
before deployment.
Section 274, Section 
81-10-404
, which is renumbered from Section 78B-20-404 is renumbered 
and amended to read:
78B-20-404
81-10-404
. Termination by operation of law of temporary grant of 
custodial responsibility established by court order.
(1)
If an agreement between the parties to terminate a court order for temporary custodial 
responsibility during deployment under Part 3, Judicial Procedure for Granting 
Custodial Responsibility During Deployment, or to terminate a provision of an order for 
temporary custodial responsibility during deployment entered under 
Title 81, 
Chapter 
9, Custody, Parent-time, and Visitation, has not been filed, the temporary order 
terminates 30 days after the day on which the deploying parent gives notice to the other 
parent and any nonparent granted custodial responsibility that the deploying parent has 
returned from deployment.
(2)
A proceeding seeking to prevent termination of a temporary order for custodial 
responsibility is governed by the law of this state other than this chapter.
Section 275, Section 
81-10-501
, which is renumbered from Section 78B-20-501 is renumbered 
and amended to read:
5. Applicability Provisions
78B-20-501
81-10-501
. Uniformity of application and construction.
In applying and construing this 
uniform act
chapter
, consideration shall be given to the 
need to promote uniformity of the law with respect to 
its
this uniform law's
 subject matter 
among states that enact 
it
this uniform law
.
Section 276, Section 
81-10-502
, which is renumbered from Section 78B-20-502 is renumbered 
and amended to read:
78B-20-502
81-10-502
. Relation to Electronic Signatures in Global and 
National Commerce Act.
This chapter modifies, limits, or supersedes the Electronic Signatures in Global and 
National Commerce Act, 15 U.S.C. Sec. 7001 et seq., but does not modify, limit, or supersede 
Section 101(c) of that act, 15 U.S.C. Sec. 7001(c), or authorize electronic delivery of any of 
the notices described in Section 103(b) of that act, 15 U.S.C. Sec. 7003(b).
Section 277, Section 
81-10-503
, which is renumbered from Section 78B-20-503 is renumbered 
and amended to read:
78B-20-503
81-10-503
. Savings clause.
This chapter does not affect the validity of a temporary court order concerning custodial 
responsibility during deployment that was entered before May 10, 2016.
Section 278, Section 
81-11-101
, which is renumbered from Section 78B-13-102 is renumbered 
and amended to read:
11. UNIFORM CHILD CUSTODY JURISDICTION AND 
ENFORCEMENT ACT
1. General Provisions
78B-13-102
81-11-101
. Definitions for chapter.
As used in this chapter:
(1)
"Abandoned" means left without provision for reasonable and necessary care or 
supervision.
(2)
"Child" means an individual under 18 years of age and not married.
(3)
(2)
(a)
"Child custody determination" means a judgment, decree, or other order of a 
court providing for the legal custody, physical custody, or parent-time with respect to 
a 
minor 
child.
 The term
(b)
"Child custody determination" 
includes a permanent, temporary, initial, and 
modification order.
 The term
(c)
"Child custody determination" 
does not include an order relating to child support or 
other monetary obligation of an individual.
(4)
(3)
(a)
"Child custody proceeding" means a proceeding in which legal custody, 
physical custody, or parent-time with respect to a 
minor 
child is an issue. 
The term
(b)
"Child custody proceeding"
 includes a proceeding for divorce, separation, neglect, 
abuse, dependency, guardianship, paternity, termination of parental rights, and 
protection from domestic violence, in which the issue may appear.
 The term
(c)
"Child custody proceeding"
 does not include a proceeding involving juvenile 
delinquency, contractual emancipation, or enforcement under 
Part 3, Enforcement
.
(5)
(4)
"Commencement" means the filing of the first pleading in a proceeding.
(6)
(5)
"Court" means an entity authorized under the law of a state to establish, enforce, or 
modify a child custody determination.
(7)
(6)
"Home state" means
:
(a)
if the minor child is six months old or older, 
the state in which a 
minor 
child lived 
with a parent or a person acting as a parent for at least six consecutive months 
immediately before the commencement of a child custody proceeding
. In the case 
of a child less than six months of age, the term means 
, including any period of 
temporary absence of the parent or the person acting as a parent during that time 
period; or
(b)
if the minor child is younger than six months old, 
the state in which the 
minor 
child 
lived from birth with 
any of the persons mentioned. A period of temporary absence 
of any of the mentioned persons is part of the period.
a parent or a person acting as 
parent, including any period of temporary absence of the parent or the person acting 
as a parent during that time period.
(8)
(7)
"Initial determination" means the first child custody determination concerning a 
particular 
minor 
child.
(9)
(8)
"Issuing court" means the court that makes a child custody determination for which 
enforcement is sought under this chapter.
(10)
(9)
"Issuing state" means the state in which a child custody determination is made.
(11)
(10)
"Modification" means a child custody determination that changes, replaces, 
supersedes, or is otherwise made after a previous determination concerning the same
minor
 child, whether or not it is made by the court that made the previous determination.
(12)
(11)
"Person" includes government, governmental subdivision, agency, or 
instrumentality, or any other legal or commercial entity.
(13)
(12)
"Person acting as a parent" means a person, other than a parent, who:
(a)
has physical custody of the 
minor 
child or has had physical custody for a period of 
six consecutive months, including any temporary absence, within one year 
immediately before the commencement of a child custody proceeding; and
(b)
has been awarded legal custody by a court or claims a right to legal custody under 
the law of this state.
(14)
(13)
"Physical custody" means the physical care and supervision of a 
minor 
child.
(15)
(14)
"State" means a state of the United States, the District of Columbia, Puerto Rico, 
the United States Virgin Islands, or any territory or insular possession subject to the 
jurisdiction of the United States.
(16)
(15)
"Tribe" means an Indian tribe, or band, or Alaskan Native village which is 
recognized by federal law or formally acknowledged by a state.
(17)
(16)
"Writ of assistance" means an order issued by a court authorizing law 
enforcement officers to take physical custody of a 
minor 
child.
Section 279, Section 
81-11-102
, which is renumbered from Section 78B-13-103 is renumbered 
and amended to read:
78B-13-103
81-11-102
. Proceedings governed by other law.
(1)
For purposes of
As used in
 this section, "adoption proceeding" means any proceeding 
under 
Title 78B, Chapter 6, Part 1, Utah Adoption Act
Chapter 13, Adoption
.
(2)
This chapter does not govern:
(a)
an adoption proceeding; or
(b)
a proceeding pertaining to the authorization of emergency medical care for a 
minor 
child.
Section 280, Section 
81-11-103
, which is renumbered from Section 78B-13-104 is renumbered 
and amended to read:
78B-13-104
81-11-103
. Application to Indian tribes.
(1)
A child custody proceeding that pertains to an Indian child as defined in the Indian 
Child Welfare Act, 25 U.S.C. 1901 et seq., is not subject to this chapter to the extent that 
it is governed by the Indian Child Welfare Act.
(2)
A court of this state shall treat a tribe as a state of the United States for purposes of 
Part 
1, General Provisions
, and 
Part 2, Jurisdiction
.
(3)
A child custody determination made by a tribe under factual circumstances in 
substantial conformity with the jurisdictional standards of this chapter shall be 
recognized and enforced under the provisions of 
Part 3, Enforcement
.
Section 281, Section 
81-11-104
, which is renumbered from Section 78B-13-105 is renumbered 
and amended to read:
78B-13-105
81-11-104
. International application of chapter.
(1)
A court of this state shall treat a foreign country as a state of the United States for 
purposes of applying 
Part 1, General Provisions
, and 
Part 2, Jurisdiction
.
(2)
A child custody determination made in a foreign country under factual circumstances in 
substantial conformity with the jurisdictional standards of this chapter shall be 
recognized and enforced under 
Part 3, Enforcement
.
(3)
The court need not apply the provisions of this chapter when the child custody law of 
the other country violates fundamental principles of human rights.
Section 282, Section 
81-11-105
, which is renumbered from Section 78B-13-106 is renumbered 
and amended to read:
78B-13-106
81-11-105
. Binding force of child custody determination.
(1)
A child custody determination made by a court of this state that had jurisdiction 
under this chapter binds all persons who have
:
(a)
(i)
been served in accordance with the laws of this state or notified in 
accordance with Section 
78B-13-108
 or who have
81-11-107
; or
(ii)
submitted to the jurisdiction of the court
, and who have 
; and
(b)
been given an opportunity to be heard. 
(2)
The determination is conclusive as to 
them
the persons described in Subsection 
(1)
 as 
to all decided issues of law and fact except to the extent the determination is modified.
Section 283, Section 
81-11-106
, which is renumbered from Section 78B-13-107 is renumbered 
and amended to read:
78B-13-107
81-11-106
. Priority.
If a question of existence or exercise of jurisdiction under this chapter is raised in a child 
custody proceeding, the question, upon request of a party, shall be given priority on the 
calendar and handled expeditiously.
Section 284, Section 
81-11-107
, which is renumbered from Section 78B-13-108 is renumbered 
and amended to read:
78B-13-108
81-11-107
. Notice to persons outside state.
(1)
(a)
Notice required for the exercise of jurisdiction when a person is outside this state 
may be given in a manner prescribed by the law of this state for the service of process 
or by the law of the state in which the service is made. 
(b)
Notice shall be given in a manner reasonably calculated to give actual notice, but 
may be by publication if other means are not effective.
(2)
Proof of service may be made in the manner prescribed by the law of this state or by the 
law of the state in which the service is made.
(3)
Notice is not required for the exercise of jurisdiction with respect to a person who 
submits to the jurisdiction of the court.
Section 285, Section 
81-11-108
, which is renumbered from Section 78B-13-109 is renumbered 
and amended to read:
78B-13-109
81-11-108
. Appearance and limited immunity.
(1)
A party to a child custody proceeding who is not subject to personal jurisdiction in this 
state and is a responding party under 
Part 2, Jurisdiction
, a party in a proceeding to 
modify a child custody determination under 
Part 2, Jurisdiction
, or a petitioner in a 
proceeding to enforce or register a child custody determination under 
Part 3, 
Enforcement
, may appear and participate in the proceeding without submitting to 
personal jurisdiction over the party for another proceeding or purpose.
(2)
(a)
A party is not subject to personal jurisdiction in this state solely by being 
physically present for the purpose of participating in a proceeding under this chapter. 
(b)
If a party is subject to personal jurisdiction in this state on a basis other than physical 
presence, the party may be served with process in this state. 
(c)
If a party present in this state is subject to the jurisdiction of another state, service of 
process allowable under the laws of that state may be accomplished in this state.
(3)
The immunity granted by this section does not extend to civil litigation based on acts 
unrelated to the participation in a proceeding under this chapter committed by an 
individual while present in this state.
Section 286, Section 
81-11-109
, which is renumbered from Section 78B-13-110 is renumbered 
and amended to read:
78B-13-110
81-11-109
. Communication between courts.
(1)
As used in this section:
(a)
"Record" means information that is inscribed on a tangible medium or that which is 
stored in an electronic or other medium and is retrievable in perceivable form.
(b)
"Record" includes:
(i)
notes or transcripts of a court reporter who listened to a conference call between 
the courts;
(ii)
an electronic recording of a telephone call;
(iii)
a memorandum or an electronic record of the communication between the courts; 
or
(iv)
a memorandum or an electronic record made by a court after the communication.
(1)
(2)
A court of this state may communicate with a court in another state concerning a 
proceeding arising under this chapter.
(2)
(3)
(a)
The court may allow the parties to participate in the communication. 
(b)
If the parties are not able to participate in the communication, the parties shall be 
given the opportunity to present facts and legal arguments before a decision on 
jurisdiction is made.
(3)
(4)
(a)
A communication between courts on schedules, calendars, court records, and 
similar matters may occur without informing the parties. 
(b)
A record need not be made of that communication.
(4)
(5)
(a)
Except as provided in Subsection 
(3)
(4)
, a record shall be made of the 
communication. 
(b)
The parties shall be informed promptly of the communication and granted access to 
the record.
(5)
For the purposes of this section, "record" means information that is inscribed on a 
tangible medium or that which is stored in an electronic or other medium and is 
retrievable in perceivable form. A record includes notes or transcripts of a court reporter 
who listened to a conference call between the courts, an electronic recording of a 
telephone call, a memorandum or an electronic record of the communication between 
the courts, or a memorandum or an electronic record made by a court after the 
communication.
Section 287, Section 
81-11-110
, which is renumbered from Section 78B-13-111 is renumbered 
and amended to read:
78B-13-111
81-11-110
. Taking testimony in another state.
(1)
(a)
In addition to other procedures available to a party, a party to a child custody 
proceeding may offer testimony of witnesses who are located in another state, 
including testimony of the parties and the 
minor 
child, by deposition or other means 
allowable in this state for testimony taken in another state. 
(b)
The court on 
its
the court's
 own motion may
:
(i)
 order that the testimony of a person be taken in another state
;
 and 
may 
(ii)
prescribe the manner in which and the terms upon which the testimony is taken.
(2)
(a)
A court of this state may permit an individual residing in another state to be 
deposed or to testify by telephone, audiovisual means, or other electronic means 
before a designated court or at another location in that state. 
(b)
A court of this state shall cooperate with courts of other states in designating an 
appropriate location for the deposition or testimony.
(3)
Documentary evidence transmitted from another state to a court of this state by 
technological means that do not produce an original writing may not be excluded from 
evidence on an objection based on the means of transmission.
Section 288, Section 
81-11-111
, which is renumbered from Section 78B-13-112 is renumbered 
and amended to read:
78B-13-112
81-11-111
. Cooperation between courts -- Preservation of records.
(1)
A court of this state may request the appropriate court of another state to:
(a)
hold an evidentiary hearing;
(b)
order a person to produce or give evidence under procedures of that state;
(c)
order that an evaluation be made with respect to the custody of a 
minor 
child 
involved in a pending proceeding;
(d)
forward to the court of this state a certified copy of the transcript of the record of the 
hearing, the evidence otherwise presented, and any evaluation prepared in 
compliance with the request; and
(e)
order a party to a child custody proceeding or any person having physical custody of 
the 
minor 
child to appear in the proceeding with or without the 
minor 
child.
(2)
Upon request of a court of another state, a court of this state may:
(a)
hold a hearing or enter an order described in Subsection 
(1)
; or
(b)
order a person in this state to appear alone or with the 
minor 
child in a custody 
proceeding in another state.
(3)
(a)
A court of this state may condition compliance with a request under Subsection 
(2)(b)
 upon assurance by the other state that travel and other necessary expenses will 
be advanced or reimbursed. 
(b)
If 
the person
an individual
 who has physical custody of the 
minor 
child cannot be 
served or fails to obey the order, or it appears the order will be ineffective, the court 
may issue a warrant of arrest against 
the person to secure his
the individual to secure 
the individual's
 appearance with the 
minor 
child in the other state.
(4)
Travel and other necessary and reasonable expenses incurred under Subsections 
(1)
 and 
(2)
 may be assessed against the parties according to the law of this state.
(5)
(a)
A court of this state shall preserve the pleadings, orders, decrees, records of 
hearings, evaluations, and other pertinent records with respect to a child custody 
proceeding until the 
child attains 18 years of age
minor child is 18 years old
. 
(b)
Upon appropriate request by a court or law enforcement official of another state, the 
court shall forward a certified copy of these records.
Section 289, Section 
81-11-201
, which is renumbered from Section 78B-13-201 is renumbered 
and amended to read:
2. Jurisdiction
78B-13-201
81-11-201
. Initial child custody jurisdiction.
(1)
Except as otherwise provided in Section 
78B-13-204
81-11-204
, a court of this state 
has jurisdiction to make an initial child custody determination only if:
(a)
this state is the home state of the 
minor 
child on the date of the commencement of the 
proceeding, or was the home state of the 
minor 
child within six months before the 
commencement of the proceeding and the 
minor 
child is absent from this state but a 
parent or person acting as a parent continues to live in this state;
(b)
a court of another state does not have jurisdiction under Subsection 
(1)(a)
, or a court 
of the home state of the 
minor 
child has declined to exercise jurisdiction on the 
ground that this state is the more appropriate forum under Section 
78B-13-207
 or 
78B-13-208
;
81-11-207
 or 
81-11-208
,
 and
:
(i)
the 
minor 
child and the 
minor 
child's parents, or the 
minor 
child and at least one 
parent or a person acting as a parent have a significant connection with this state 
other than mere physical presence; and
(ii)
substantial evidence is available in this state concerning the 
minor 
child's care, 
protection, training, and personal relationships;
(c)
all courts having jurisdiction under Subsection 
(1)(a)
 or 
(b)
 have declined to exercise 
jurisdiction on the ground that a court of this state is the more appropriate forum to 
determine the custody of the 
minor 
child under Section 
78B-13-207
 or 
78B-13-208
81-11-207
 or 
81-11-208
; or
(d)
no state would have jurisdiction under Subsection 
(1)(a)
, 
(b)
, or 
(c)
.
(2)
Subsection 
(1)
 is the exclusive jurisdictional basis for making a child custody 
determination by a court of this state.
(3)
Physical presence of, or personal jurisdiction over, a party or a 
minor 
child is neither 
necessary nor sufficient to make a child custody determination.
Section 290, Section 
81-11-202
, which is renumbered from Section 78B-13-202 is renumbered 
and amended to read:
78B-13-202
81-11-202
. Exclusive, continuing jurisdiction.
(1)
Except as otherwise provided in Section 
78B-13-204
81-11-204
, a court of this state 
that has made a child custody determination consistent with Section 
78B-13-201
 or 
78B-13-203
81-11-201
 or 
81-11-203
 has exclusive, continuing jurisdiction over the 
determination until:
(a)
a court of this state determines that 
neither 
the 
minor 
child, the 
minor 
child and one 
parent, 
nor
and
 the 
minor 
child and a person acting as a parent 
do not 
have a 
significant connection with this state and that substantial evidence is no longer 
available in this state concerning the 
minor 
child's care, protection, training, and 
personal relationships; or
(b)
a court of this state or a court of another state determines that 
neither the child, nor a 
parent, nor
the minor child, a parent, and
 any person acting as a parent 
presently 
resides
do not presently reside
 in this state.
(2)
A court of this state that has exclusive, continuing jurisdiction under this section may 
decline to exercise 
its
the court's
 jurisdiction if the court determines that it is an 
inconvenient forum under Section 
78B-13-207
81-11-207
.
(3)
A court of this state that has made a child custody determination and does not have 
exclusive, continuing jurisdiction under this section may modify that determination only 
if 
it
the court
 has jurisdiction to make an initial determination under Section 
78B-13-201
81-11-201
.
Section 291, Section 
81-11-203
, which is renumbered from Section 78B-13-203 is renumbered 
and amended to read:
78B-13-203
81-11-203
. Jurisdiction to modify determination.
Except as otherwise provided in Section 
78B-13-204
81-11-204
, a court of this state 
may not modify a child custody determination made by a court of another state unless a court 
of this state has jurisdiction to make an initial determination under Subsection 
78B-13-201(1)(a)
81-11-201(1)(a)
 or 
(b)
 and:
(1)
the court of the other state determines 
it
the court
 no longer has exclusive, continuing 
jurisdiction under Section 
78B-13-202
81-11-202
 or that a court of this state would be a 
more convenient forum under Section 
78B-13-207
81-11-207
; or
(2)
a court of this state or a court of the other state determines that 
neither the child, nor a 
parent, nor 
the minor child, a parent, and 
any person acting as a parent presently 
resides
do not reside
 in the other state.
Section 292, Section 
81-11-204
, which is renumbered from Section 78B-13-204 is renumbered 
and amended to read:
78B-13-204
81-11-204
. Temporary emergency jurisdiction.
(1)
A court of this state has temporary emergency jurisdiction if the 
minor 
child is present 
in this state and the 
minor 
child has been abandoned or it is necessary in an emergency 
to protect the 
minor 
child because the 
minor 
child, or a sibling or parent of the 
minor 
child, is subjected to or threatened with mistreatment or abuse.
(2)
(a)
If there is no previous child custody determination that is entitled to be enforced 
under this chapter, and if no child custody proceeding has been commenced in a court 
of a state having jurisdiction under Sections 
78B-13-201
 through 
78B-13-203
81-11-201
 through 
81-11-203
, a child custody determination made under this section 
remains in effect until an order is obtained from a court of a state having jurisdiction 
under Sections 
78B-13-201
 through 
78B-13-203
81-11-201
 through 
81-11-203
. 
(b)
If a child custody proceeding has not been or is not commenced in a court of a state 
having jurisdiction under Sections 
78B-13-201
 through 
78B-13-203
81-11-201
through 
81-11-203
, a child custody determination made under this section becomes a 
final determination, if:
(a)
(i)
it so provides; and
(b)
(ii)
this state becomes the home state of the 
minor 
child.
(3)
(a)
If there is a previous child custody determination that is entitled to be enforced 
under this chapter, or a child custody proceeding has been commenced in a court of a 
state having jurisdiction under Sections 
78B-13-201
 through 
78B-13-203
81-11-201
through 
81-11-203
, any order issued by a court of this state under this section shall 
specify in the order a period of time which the court considers adequate to allow the 
person seeking an order to obtain an order from the state having jurisdiction under 
Sections 
78B-13-201
 through 
78B-13-203
81-11-201
 through 
81-11-203
. 
(b)
The order issued in this state remains in effect until an order is obtained from the 
other state within the period specified or the period expires.
(4)
(a)
A court of this state that has been asked to make a child custody determination 
under this section, upon being informed that a child custody proceeding has been 
commenced, or a child custody determination has been made, by a court of a state 
having jurisdiction under Sections 
78B-13-201
 through 
78B-13-203
81-11-201
through 
81-11-203
, shall immediately communicate with the other court. 
(b)
A court of this state that is exercising jurisdiction 
pursuant to Sections 
78B-13-201
through 
78B-13-203
in accordance with Sections 
81-11-201
 through 
81-11-203
, 
upon being informed that a child custody proceeding has been commenced, or a child 
custody determination has been made by a court of another state under a statute 
similar to this section shall immediately communicate with the court of that state. 
(c)
The purpose of the communication is to resolve the emergency, protect the safety of 
the parties and the 
minor 
child, and determine a period for the duration of the 
temporary order.
Section 293, Section 
81-11-205
, which is renumbered from Section 78B-13-205 is renumbered 
and amended to read:
78B-13-205
81-11-205
. Notice -- Opportunity to be heard -- Joinder.
(1)
Before a child custody determination is made under this chapter, notice and an 
opportunity to be heard in accordance with the standards of Section 
78B-13-108
81-11-107
 shall be given to all persons entitled to notice under the law of this state as in 
child custody proceedings between residents of this state, any parent whose parental 
rights have not been previously terminated, and any person having physical custody of 
the 
minor 
child.
(2)
This chapter does not govern the enforceability of a child custody determination made 
without notice and an opportunity to be heard.
(3)
The obligation to join a party and the right to intervene as a party in a child custody 
proceeding under this chapter are governed by the law of this state as in child custody 
proceedings between residents of this state.
Section 294, Section 
81-11-206
, which is renumbered from Section 78B-13-206 is renumbered 
and amended to read:
78B-13-206
81-11-206
. Simultaneous proceedings.
(1)
Except as otherwise provided in Section 
78B-13-204
81-11-204
, a court of this state 
may not exercise its jurisdiction under this chapter if at the time of the commencement 
of the proceeding a proceeding concerning the custody of the 
minor 
child had been 
previously commenced in a court of another state having jurisdiction substantially in 
conformity with this chapter, unless the proceeding has been terminated or is stayed by 
the court of the other state because a court of this state is a more convenient forum under 
Section 
78B-13-207
81-11-207
.
(2)
(a)
Except as otherwise provided in Section 
78B-13-204
81-11-204
, a court of this 
state, before hearing a child custody proceeding, shall examine the court documents 
and other information supplied by the parties 
pursuant to Section 
78B-13-209
in 
accordance with Section 
81-11-209
. 
(b)
If the court determines that a child custody proceeding was previously commenced 
in a court in another state having jurisdiction substantially in accordance with this 
chapter, the court of this state shall stay 
its
the court's
 proceeding and communicate 
with the court of the other state. 
(c)
If the court of the state having jurisdiction substantially in accordance with this 
chapter does not determine that the court of this state is a more appropriate forum, the 
court of this state shall dismiss the proceeding.
(3)
(a)
In a proceeding to modify a child custody determination, a court of this state shall 
determine whether a proceeding to enforce the determination has been commenced in 
another state. 
(b)
If a proceeding to enforce a child custody determination has been commenced in 
another state, the court may:
(a)
(i)
stay the proceeding for modification pending the entry of an order of a court 
of the other state enforcing, staying, denying, or dismissing the proceeding for 
enforcement;
(b)
(ii)
enjoin the parties from continuing with the proceeding for enforcement; or
(c)
(iii)
proceed with the modification under conditions it considers appropriate.
Section 295, Section 
81-11-207
, which is renumbered from Section 78B-13-207 is renumbered 
and amended to read:
78B-13-207
81-11-207
. Inconvenient forum.
(1)
(a)
A court of this state that has jurisdiction under this chapter to make a child 
custody determination may decline to exercise its jurisdiction at any time if 
it
the 
court
 determines that 
it
the court
 is an inconvenient forum under the circumstances 
and that a court of another state is a more appropriate forum. 
(b)
The issue of inconvenient forum may be raised upon the court's own motion, request 
of another court, or motion of a party.
(2)
(a)
Before determining whether 
it
the court
 is an inconvenient forum, a court of this 
state shall consider whether it is appropriate that a court of another state exercise 
jurisdiction. 
(b)
For this purpose
In making a determination under Subsection 
(2)(a)
, the court shall
:
(i)
 allow the parties to submit information
 and shall
; and
(ii)
consider all relevant factors, including:
(a)
(A)
whether domestic violence has occurred and is likely to continue in the 
future and which state could best protect the parties and the 
minor 
child;
(b)
(B)
the length of time the 
minor 
child has resided outside this state;
(c)
(C)
the distance between the court in this state and the court in the state that 
would assume jurisdiction;
(d)
(D)
the relative financial circumstances of the parties;
(e)
(E)
any agreement of the parties as to which state should assume jurisdiction;
(f)
(F)
the nature and location of the evidence required to resolve the pending 
litigation, including the testimony of the 
minor 
child;
(g)
(G)
the ability of the court of each state to decide the issue expeditiously and 
the procedures necessary to present the evidence; and
(h)
(H)
the familiarity of the court of each state with the facts and issues of the 
pending litigation.
(3)
If a court of this state determines that 
it
the court
 is an inconvenient forum and that a 
court of another state is a more appropriate forum, 
it
the court
 shall stay the 
proceedings upon condition that a child custody proceeding be promptly commenced in 
another designated state and may impose any other condition the court considers just 
and proper.
(4)
A court of this state may decline to exercise 
its
the court's
 jurisdiction under this 
chapter if a child custody determination is incidental to an action for divorce or another 
proceeding while still retaining jurisdiction over the divorce or other proceeding.
Section 296, Section 
81-11-208
, which is renumbered from Section 78B-13-208 is renumbered 
and amended to read:
78B-13-208
81-11-208
. Jurisdiction declined by reason of conduct.
(1)
Except as otherwise provided in Section 
78B-13-204
81-11-204
 or by other law of this 
state, if a court of this state has jurisdiction under this chapter because a person invoking 
the jurisdiction has engaged in unjustifiable conduct, the court shall decline to exercise 
its
the court's
 jurisdiction unless:
(a)
the parents and all persons acting as parents have acquiesced in the exercise of 
jurisdiction;
(b)
a court of the state otherwise having jurisdiction under Sections 
78B-13-201
through 
78B-13-203
81-11-201
 through 
81-11-203
 determines that this state is a 
more appropriate forum under Section 
78B-13-207
81-11-207
; or
(c)
no other state would have jurisdiction under Sections 
78B-13-201
 through 
78B-13-203
81-11-201
 through 
81-11-203
.
(2)
If a court of this state declines to exercise 
its
the court's
 jurisdiction 
pursuant to
in 
accordance with
 Subsection 
(1)
, 
it
the court
 may fashion an appropriate remedy to 
ensure the safety of the 
minor 
child and prevent a repetition of the wrongful conduct, 
including staying the proceeding until a child custody proceeding is commenced in a 
court having jurisdiction under Sections 
78B-13-201
 through 
78B-13-203
81-11-201
through 
81-11-203
.
(3)
(a)
If a court dismisses a petition or stays a proceeding because it declines to exercise 
its jurisdiction pursuant to
the court's jurisdiction in accordance with
 Subsection 
(1)
, 
it
the court
 shall charge the party invoking the jurisdiction of the court with necessary 
and reasonable expenses including costs, communication expenses, attorney fees, 
investigative fees, expenses for witnesses, travel expenses, and child care during the 
course of the proceedings, unless the party from whom fees are sought establishes 
that the award would be clearly inappropriate. 
(b)
The court may not assess fees, costs, or expenses against this state except as 
otherwise provided by law other than this chapter.
Section 297, Section 
81-11-209
, which is renumbered from Section 78B-13-209 is renumbered 
and amended to read:
78B-13-209
81-11-209
. Information to be submitted to court.
(1)
(a)
In a child custody proceeding, each party, in 
its
the party's
 first pleading or in an 
attached affidavit, shall give information, if reasonably ascertainable, under oath as to 
the 
minor 
child's present address, the places where the 
minor 
child has lived during 
the last five years, and the names and present addresses of the persons with whom the 
minor 
child has lived during that period. 
(b)
The pleading or affidavit shall state whether the party:
(a)
(i)
has participated, as a party or witness or in any other capacity, in any other 
proceeding concerning the custody of or parent-time with the 
minor 
child and, if 
so, identify the court, the case number of the proceeding, and the date of the child 
custody determination, if any;
(b)
(ii)
knows of any proceeding that could affect the current proceeding, including 
proceedings for enforcement and proceedings relating to domestic violence, 
protective orders, termination of parental rights, and adoptions and, if so, identify 
the court and the case number and the nature of the proceeding; and
(c)
(iii)
knows the names and addresses of any person not a party to the proceeding 
who has physical custody of the
 minor
 child or claims rights of legal custody or 
physical custody of, or parent-time with, the 
minor 
child and, if so, the names and 
addresses of those persons.
(2)
If the information required by Subsection 
(1)
 is not furnished, the court, upon 
its
the 
court's
 own motion or that of a party, may stay the proceeding until the information is 
furnished.
(3)
(a)
If the declaration as to any of the items described in Subsection 
(1)
 is in the 
affirmative, the declarant shall give additional information under oath as required by 
the court. 
(b)
The court may examine the parties under oath as to details of the information 
furnished and other matters pertinent to the court's jurisdiction and the disposition of 
the case.
(4)
Each party has a continuing duty to inform the court of any proceeding in this or any 
other state that could affect the current proceeding.
(5)
If a party alleges in an affidavit or a pleading under oath that the health, safety, or 
liberty of a party or 
minor 
child would be put at risk by the disclosure of identifying 
information, that information shall be sealed and not disclosed to the other party or the 
public unless the court orders the disclosure to be made after a hearing in which the 
court takes into consideration the health, safety, or liberty of the party or 
minor 
child and 
determines that the disclosure is in the interest of justice.
Section 298, Section 
81-11-210
, which is renumbered from Section 78B-13-210 is renumbered 
and amended to read:
78B-13-210
81-11-210
. Appearance of parties and child.
(1)
(a)
A court of this state may order a party to a child custody proceeding who is in this 
state to appear before the court personally with or without the 
minor 
child. 
(b)
The court may order any person who is in this state and who has physical custody or 
control of the 
minor 
child to appear physically with the 
minor 
child.
(2)
If a party to a child custody proceeding whose presence is desired by the court is outside 
this state, the court may order that a notice given 
pursuant to Section 
78B-13-108
in 
accordance with Section 
81-11-107
 include a statement directing the party to appear 
personally with or without the 
minor 
child and declaring that failure to appear may result 
in a decision adverse to the party.
(3)
The court may enter any orders necessary to ensure the safety of the 
minor 
child and of 
any person ordered to appear under this section.
(4)
If a party to a child custody proceeding who is outside this state is directed to appear 
under Subsection 
(2)
 or desires to appear personally before the court with or without the 
minor 
child, the court may require another party to pay reasonable and necessary travel 
and other expenses of the party so appearing and of the
 minor
 child.
Section 299, Section 
81-11-301
, which is renumbered from Section 78B-13-301 is renumbered 
and amended to read:
3. Enforcement
78B-13-301
81-11-301
. Definitions for part.
As used in this part:
(1)
"Petitioner" means a person who seeks enforcement of a child custody determination or 
enforcement of an order for the return of the 
minor 
child under the Hague Convention 
on the Civil Aspects of International Child Abduction.
(2)
"Respondent" means a person against whom a proceeding has been commenced for 
enforcement of a child custody determination or enforcement of an order for the return 
of the 
minor 
child under the Hague Convention on the Civil Aspects of International 
Child Abduction.
Section 300, Section 
81-11-302
, which is renumbered from Section 78B-13-302 is renumbered 
and amended to read:
78B-13-302
81-11-302
. Scope -- Hague Convention Enforcement.
This chapter may be invoked to enforce:
(1)
a child custody determination; and
(2)
an order for the return of the 
minor 
child made under the Hague Convention on the Civil 
Aspects of International Child Abduction.
Section 301, Section 
81-11-303
, which is renumbered from Section 78B-13-303 is renumbered 
and amended to read:
78B-13-303
81-11-303
. Duty to enforce.
(1)
A court of this state shall recognize and enforce a child custody determination of a court 
of another state if the latter court exercised jurisdiction that was in substantial 
conformity with this chapter or the determination was made under factual circumstances 
meeting the jurisdictional standards of this chapter and the determination has not been 
modified in accordance with this chapter.
(2)
(a)
A court may utilize any remedy available under other law of this state to enforce a 
child custody determination made by a court of another state. 
(b)
The procedure provided by this part does not affect the availability of other remedies 
to enforce a child custody determination.
Section 302, Section 
81-11-304
, which is renumbered from Section 78B-13-304 is renumbered 
and amended to read:
78B-13-304
81-11-304
. Temporary parent-time.
(1)
A court of this state which does not have jurisdiction to modify a child custody 
determination may issue a temporary order enforcing:
(a)
a parent-time schedule made by a court of another state; or
(b)
the parent-time provisions of a child custody determination of another state that does 
not provide for a specific parent-time schedule.
(2)
(a)
If a court of this state makes an order under Subsection 
(1)(b)
, 
it
the court
 shall 
specify in the order a period that 
it
the court
 considers adequate to allow the 
petitioner to obtain an order from a court having jurisdiction under the criteria 
specified in 
Part 2, Jurisdiction
. 
(b)
The order remains in effect until an order is obtained from the other court or the 
period expires.
Section 303, Section 
81-11-305
, which is renumbered from Section 78B-13-305 is renumbered 
and amended to read:
78B-13-305
81-11-305
. Registration of child custody determination.
(1)
A child custody determination issued by a court of another state may be registered in 
this state, with or without a simultaneous request for enforcement, by sending to the 
district court in this state:
(a)
a letter or other document requesting registration;
(b)
two copies, including one certified copy, of the determination sought to be 
registered, and a statement under penalty of perjury that to the best of the knowledge 
and belief of the person seeking registration the order has not been modified; and
(c)
except as otherwise provided in Section 
78B-13-209
81-11-209
, the name and 
address of the person seeking registration and any parent or person acting as a parent 
who has been awarded custody or parent-time in the child custody determination 
sought to be registered.
(2)
On receipt of the documents required by Subsection 
(1)
, the registering court shall:
(a)
cause the determination to be filed as a foreign judgment, together with one copy of 
any accompanying documents and information, regardless of their form; and
(b)
serve notice upon 
the persons named pursuant to Subsection 
(1)(c)
 and provide them
a person named as described in Subsection 
(1)(c)
 and provide the person
 with an 
opportunity to contest the registration in accordance with this section.
(3)
The notice required by Subsection 
(2)(b)
 shall state:
(a)
that a registered determination is enforceable as of the date of the registration in the 
same manner as a determination issued by a court of this state;
(b)
that a hearing to contest the validity of the registered determination shall be 
requested within 20 days after service of notice; and
(c)
that failure to contest the registration will result in confirmation of the child custody 
determination and preclude further contest of that determination with respect to any 
matter that could have been asserted.
(4)
(a)
A person seeking to contest the validity of a registered order shall request a 
hearing within 20 days after service of the notice. 
(b)
At that hearing, the court shall confirm the registered order unless the person 
contesting registration establishes that:
(a)
(i)
the issuing court did not have jurisdiction under 
Part 2, Jurisdiction
;
(b)
(ii)
the child custody determination sought to be registered has been vacated, 
stayed, or modified by a court of a state having jurisdiction to do so under 
Part 2, 
Jurisdiction
; or
(c)
(iii)
the person contesting registration was entitled to notice, but notice was not 
given in accordance with the standards of Section 
78B-13-108
81-11-107
 in the 
proceedings before the court that issued the order for which registration is sought.
(5)
If a timely request for a hearing to contest the validity of the registration is not made, 
the registration is confirmed as a matter of law and the person requesting registration 
and all persons served shall be notified of the confirmation.
(6)
Confirmation of a registered order, whether by operation of law or after notice and 
hearing, precludes further contest of the order with respect to any matter which could 
have been asserted at the time of registration.
Section 304, Section 
81-11-306
, which is renumbered from Section 78B-13-306 is renumbered 
and amended to read:
78B-13-306
81-11-306
. Enforcement of registered determination.
(1)
A court of this state may grant any relief normally available under the law of this state 
to enforce a registered child custody determination made by a court of another state.
(2)
A court of this state shall recognize and enforce, but may not modify except in 
accordance with 
Part 2, Jurisdiction
, a registered child custody determination of another 
state.
Section 305, Section 
81-11-307
, which is renumbered from Section 78B-13-307 is renumbered 
and amended to read:
78B-13-307
81-11-307
. Simultaneous proceedings.
(1)
If a proceeding for enforcement under this part has been or is commenced in this 
state and a court of this state determines that a proceeding to modify the determination 
has been commenced in another state having jurisdiction to modify the determination 
under 
Part 2, Jurisdiction
, the enforcing court shall immediately communicate with the 
modifying court. 
(2)
The proceeding for enforcement continues unless the enforcing court, after consultation 
with the modifying court, stays or dismisses the proceeding.
Section 306, Section 
81-11-308
, which is renumbered from Section 78B-13-308 is renumbered 
and amended to read:
78B-13-308
81-11-308
. Expedited enforcement of child custody determination.
(1)
(a)
A petition under this part shall be verified. 
(b)
Certified copies of all orders sought to be enforced and of the order confirming 
registration, if any, shall be attached to the petition. 
(c)
A copy of a certified copy of an order may be attached instead of the original.
(2)
A petition for enforcement of a child custody determination shall state:
(a)
whether the court that issued the determination identified the jurisdictional basis 
it
the court
 relied upon in exercising jurisdiction and, if so, what the basis was;
(b)
whether the determination for which enforcement is sought has been vacated, stayed, 
or modified by a court whose decision shall be enforced under this chapter or federal 
law and, if so, identify the court, the case number of the proceeding, and the action 
taken;
(c)
whether any proceeding has been commenced that could affect the current 
proceeding, including proceedings relating to domestic violence, protective orders, 
termination of parental rights, and adoptions and, if so, identify the court and the case 
number and the nature of the proceeding;
(d)
the present physical address of the 
minor 
child and the respondent, if known; and
(e)
whether relief in addition to the immediate physical custody of the 
minor 
child and 
attorney fees is sought, including a request for assistance from law enforcement 
officials and, if so, the relief sought.
(3)
If the child custody determination has been registered and confirmed under Section 
78B-13-305
81-11-305
, the petition shall also state the date and place of registration.
(4)
The court shall issue an order directing the respondent to appear with or without the 
minor 
child at a hearing and may enter any orders necessary to ensure the safety of the 
parties and the 
minor 
child.
(5)
(a)
The hearing shall be held on the next judicial day following service of process 
unless that date is impossible. 
(b)
In that event, the court shall hold the hearing on the first day possible. 
(c)
The court may extend the date of hearing at the request of the petitioner.
(6)
The order shall
:
(a)
 state the time and place of the hearing
 and shall
; and
(b)
advise the respondent that at the hearing the court will order the delivery of the child 
and the payment of fees, costs, and expenses under Section 
78B-13-312
, and may
81-11-312
.
(7)
The order may
 set an additional hearing to determine whether further relief is 
appropriate, unless the respondent appears and establishes that:
(a)
the child custody determination has not been registered and confirmed under Section 
78B-13-305
81-11-305
, and that:
(i)
the issuing court did not have jurisdiction under 
Part 2, Jurisdiction
;
(ii)
the child custody determination for which enforcement is sought has been 
vacated, stayed, or modified by a court of a state having jurisdiction to do so 
under 
Part 2, Jurisdiction
, or federal law; or
(iii)
the respondent was entitled to notice, but notice was not given in accordance 
with the standards of Section 
78B-13-108
81-11-107
 in the proceedings before 
the court that issued the order for which enforcement is sought; or
(b)
the child custody determination for which enforcement is sought was registered and 
confirmed under Section 
78B-13-305
81-11-305
, but has been vacated, stayed, or 
modified by a court of a state having jurisdiction to do so under 
Part 2, Jurisdiction
, 
or federal law.
Section 307, Section 
81-11-309
, which is renumbered from Section 78B-13-309 is renumbered 
and amended to read:
78B-13-309
81-11-309
. Service of petition and order.
Except as otherwise provided in Section 
78B-13-311
81-11-311
, the petition and order 
shall be served, by any method authorized by the law of this state, upon respondent and any 
person who has physical custody of the 
minor 
child.
Section 308, Section 
81-11-310
, which is renumbered from Section 78B-13-310 is renumbered 
and amended to read:
78B-13-310
81-11-310
. Hearing and order.
(1)
Unless the court enters a temporary emergency order 
pursuant to Section 
78B-13-204
in accordance with Section 
81-11-204
, upon a finding that a petitioner is entitled to the 
physical custody of the 
minor 
child immediately, the court shall order the 
minor 
child 
delivered to the petitioner unless the respondent establishes that:
(a)
the child custody determination has not been registered and confirmed under Section 
78B-13-305
81-11-305
, and that:
(i)
the issuing court did not have jurisdiction under 
Part 2, Jurisdiction
;
(ii)
the child custody determination for which enforcement is sought has been 
vacated, stayed, or modified by a court of a state having jurisdiction to do so 
under 
Part 2, Jurisdiction
, or federal law; or
(iii)
the respondent was entitled to notice, but notice was not given in accordance 
with the standards of Section 
78B-13-108
81-11-107
 in the proceedings before 
the court that issued the order for which enforcement is sought; or
(b)
the child custody determination for which enforcement is sought was registered and 
confirmed under Section 
78B-13-305
81-11-305
, but has been vacated, stayed, or 
modified by a court of a state having jurisdiction to do so under 
Part 2, Jurisdiction
, 
or federal law.
(2)
The court shall award the fees, costs, and expenses authorized under Section 
78B-13-312
81-11-312
 and may grant additional relief, including a request for the 
assistance of law enforcement officials, and set a further hearing to determine whether 
additional relief is appropriate.
(3)
If a party called to testify refuses to answer on the ground that the testimony may be 
self-incriminating, the court may draw an adverse inference from the refusal.
(4)
A privilege against disclosure of communications between spouses and a defense of 
immunity based on the relationship of husband and wife or parent and 
minor 
child may 
not be invoked in a proceeding under this chapter.
Section 309, Section 
81-11-311
, which is renumbered from Section 78B-13-311 is renumbered 
and amended to read:
78B-13-311
81-11-311
. Writ to take physical custody of child.
(1)
Upon the filing of a petition seeking enforcement of a child custody determination, the 
petitioner may file a verified application for the issuance of a writ of assistance to take 
physical custody of the 
minor 
child if the 
minor 
child is likely to suffer serious imminent 
physical harm or removal from this state.
(2)
(a)
If the court, upon the testimony of the petitioner or other witness, finds that the 
minor 
child is likely to suffer serious imminent physical harm or be imminently 
removed from this state, 
it
the court
 may issue a writ of assistance to take physical 
custody of the 
minor 
child. 
(b)
The petition shall be heard within 72 hours after the writ is executed. 
(c)
The writ shall include the statements required by Subsection 
78B-13-308(2)
81-11-308(2)
.
(3)
A writ to take physical custody of a 
minor 
child shall:
(a)
recite the facts upon which a conclusion of serious imminent physical harm or 
removal from the jurisdiction is based;
(b)
direct law enforcement officers to take physical custody of the 
minor 
child 
immediately; and
(c)
provide for the placement of the 
minor 
child pending final relief.
(4)
The respondent shall be served with the petition, writ, and order immediately after the 
minor 
child is taken into physical custody.
(5)
(a)
A writ of assistance to take physical custody of a 
minor 
child is enforceable 
throughout this state. 
(b)
If the court finds on the basis of the testimony of the petitioner or other witness that a 
less intrusive remedy is not effective, 
it
the court
 may authorize law enforcement 
officers to enter private property to take physical custody of the 
minor 
child. 
(c)
If required by the exigency of the case, the court may authorize law enforcement 
officers to make a forcible entry at any hour.
(6)
The court may impose conditions upon placement of a 
minor 
child to ensure the 
appearance of the 
minor 
child and the 
minor 
child's custodian.
Section 310, Section 
81-11-312
, which is renumbered from Section 78B-13-312 is renumbered 
and amended to read:
78B-13-312
81-11-312
. Costs, fees, and expenses.
(1)
The court shall award the prevailing party, including a state, necessary and reasonable 
expenses incurred by or on behalf of the party, including costs, communication 
expenses, attorney fees, investigative fees, expenses for witnesses, travel expenses, and 
child care during the course of the proceedings, unless the party from whom fees or 
expenses are sought establishes that the award would be clearly inappropriate.
(2)
The court may not assess fees, costs, or expenses against a state except as otherwise 
provided by law other than this chapter.
Section 311, Section 
81-11-313
, which is renumbered from Section 78B-13-313 is renumbered 
and amended to read:
78B-13-313
81-11-313
. Recognition and enforcement.
A court of this state shall accord full faith and credit to an order made consistently with 
this chapter which enforces a child custody determination by a court of another state unless the 
order has been vacated, stayed, or modified by a court authorized to do so under 
Part 2, 
Jurisdiction
.
Section 312, Section 
81-11-314
, which is renumbered from Section 78B-13-314 is renumbered 
and amended to read:
78B-13-314
81-11-314
. Appeals.
(1)
An appeal may be taken from an order in a proceeding under this chapter in 
accordance with expedited appellate procedures in other civil cases. 
(2)
Unless the court enters a temporary emergency order under Section 
78B-13-204
81-11-204
, the enforcing court may not stay an order enforcing a child custody 
determination pending appeal.
Section 313, Section 
81-11-315
, which is renumbered from Section 78B-13-315 is renumbered 
and amended to read:
78B-13-315
81-11-315
. Role of prosecutor or attorney general.
(1)
In a case arising under this chapter or involving the Hague Convention on the Civil 
Aspects of International Child Abduction, the prosecutor or 
Attorney General
attorney 
general
 may take any lawful action, including resort to a proceeding under this chapter 
or any other available civil proceeding to locate a 
minor 
child, obtain the return of a 
minor 
child, or enforce a child custody determination if there is:
(a)
an existing child custody determination;
(b)
a request from a court in a pending child custody case;
(c)
a reasonable belief that a criminal statute has been violated; or
(d)
a reasonable belief that the 
minor 
child has been wrongfully removed or retained in 
violation of the Hague Convention on the Civil Aspects of International Child 
Abduction.
(2)
A prosecutor or attorney general acts on behalf of the court and may not represent any 
party to a child custody determination.
Section 314, Section 
81-11-316
, which is renumbered from Section 78B-13-316 is renumbered 
and amended to read:
78B-13-316
81-11-316
. Role of law enforcement.
At the request of a prosecutor or the attorney general acting under Section 
78B-13-315
81-11-315
,
 a law enforcement officer may take any lawful action reasonably necessary to 
locate a 
minor 
child or a party and assist a prosecutor or attorney general with responsibilities 
under Section 
78B-13-315
81-11-315
.
Section 315, Section 
81-11-317
, which is renumbered from Section 78B-13-317 is renumbered 
and amended to read:
78B-13-317
81-11-317
. Costs and expenses.
If the respondent is not the prevailing party, the court may assess against the respondent 
all direct expenses and costs incurred by the prosecutor or attorney general and law 
enforcement officers under Section 
78B-13-315
 or 
78B-13-316
81-11-315
 or 
81-11-316
.
Section 316, Section 
81-11-318
, which is renumbered from Section 78B-13-318 is renumbered 
and amended to read:
78B-13-318
81-11-318
. Transitional provision.
A motion or other request for relief made in a child custody or enforcement proceeding 
which
that
 was commenced before 
the effective date of this chapter
July 1, 2000,
 is governed 
by the law in effect at the time the motion or other request was made.
Section 317, Section 
81-12-101
, which is renumbered from Section 78B-16-102 is renumbered 
and amended to read:
12. UNIFORM CHILD ABDUCTION PREVENTION ACT
78B-16-102
81-12-101
. Definitions for chapter.
In
As used in
 this chapter:
(1)
"Abduction" means the wrongful removal or wrongful retention of a 
minor 
child.
(2)
"Child" means an unemancipated individual who is less than 18 years of age.
(3)
(2)
(a)
"Child custody determination" means a judgment, decree, or other order of a 
court providing for the legal custody, physical custody, or visitation with respect to a 
minor 
child.
 The term
(b)
"Child custody determination"
 includes a permanent, temporary, initial, and 
modification order.
(4)
(3)
(a)
"Child custody proceeding" means a proceeding in which legal custody, 
physical custody, visitation, or parent-time with respect to a 
minor 
child is at issue. 
The term
(b)
"Child custody proceeding"
 includes a proceeding for divorce, dissolution of 
marriage, separation, neglect, abuse, dependency, guardianship, paternity, 
termination of parental rights, or protection from domestic violence.
(5)
(4)
"Court" means an entity authorized under the law of a state to establish, enforce, or 
modify a child custody determination.
(6)
(5)
"Petition" includes a motion or 
its
the motion's
 equivalent.
(7)
(6)
"Record" means information inscribed on a tangible medium or stored in an 
electronic or other medium and is retrievable in perceivable form.
(8)
(7)
(a)
"State" means a state of the United States, the District of Columbia, Puerto 
Rico, the United States Virgin Islands, or any territory or insular possession subject 
to the jurisdiction of the United States.
 The term
(b)
"State"
 includes a federally recognized Indian tribe or nation.
(9)
(8)
(a)
"Travel document" means records relating to a travel itinerary, including 
travel tickets, passes, reservations for transportation, or accommodations. 
The term
(b)
"Travel document"
 does not include a passport or visa.
(10)
(9)
"Wrongful removal" means the taking of a 
minor 
child that breaches rights of 
custody, visitation, or parent-time given or recognized under the law of this state.
(11)
(10)
"Wrongful retention" means the keeping or concealing of a 
minor 
child that 
breaches rights of custody, visitation, or parent-time given or recognized under the law 
of this state.
Section 318, Section 
81-12-102
, which is renumbered from Section 78B-16-103 is renumbered 
and amended to read:
78B-16-103
81-12-102
. Cooperation and communication among courts.
Sections 
78B-13-110
, 
78B-13-111
, and 
78B-13-112
81-11-109
, 
81-11-110
, and 
81-11-111
 apply to cooperation and communications among courts in proceedings under this 
chapter.
Section 319, Section 
81-12-103
, which is renumbered from Section 78B-16-104 is renumbered 
and amended to read:
78B-16-104
81-12-103
. Actions for abduction prevention measures.
(1)
A court on 
its
the court's
 own motion may order abduction prevention measures in a 
child custody proceeding if the court finds that the evidence establishes a credible risk of 
abduction of the 
minor 
child.
(2)
A party to a child custody determination or another individual or entity having a right 
under the law of this state or any other state to seek a child custody determination for the 
minor 
child may file a petition seeking abduction prevention measures to protect the
minor
 child under this chapter.
(3)
A prosecutor or public authority designated under Section 
78B-13-315
81-11-315
 may 
seek a warrant to take physical custody of a 
minor 
child under Section 
78B-16-109
81-12-108
 or other appropriate prevention measures.
Section 320, Section 
81-12-104
, which is renumbered from Section 78B-16-105 is renumbered 
and amended to read:
78B-16-105
81-12-104
. Jurisdiction.
(1)
A petition under this chapter may be filed only in a court that has jurisdiction to make a 
child custody determination with respect to the 
minor 
child at issue under 
Title 78B, 
Chapter 13, Utah Uniform Child Custody Jurisdiction and Enforcement Act
Chapter 11, 
Uniform Child Custody Jurisdiction and Enforcement Act
.
(2)
A court of this state has temporary emergency jurisdiction under Section 
78B-13-204
81-11-204
 if the court finds a credible risk of abduction.
Section 321, Section 
81-12-105
, which is renumbered from Section 78B-16-106 is renumbered 
and amended to read:
78B-16-106
81-12-105
. Contents of petition.
(1)
(a)
A petition under this chapter must be verified and include a copy of any existing 
child custody determination, if available. 
(b)
The petition must specify the risk factors for abduction, including the relevant factors 
described in Section 
78B-16-107
81-12-106
.
(2)
Subject to Subsection 
78B-13-209(5)
81-11-209(5)
, if reasonably ascertainable, the 
petition must contain:
(a)
the name, date of birth, and gender of the
 minor
 child;
(b)
the customary address and current physical location of the 
minor 
child;
(c)
the identity, customary address, and current physical location of the respondent;
(d)
a statement of whether a prior action to prevent abduction or domestic violence has 
been filed by a party or other individual or entity having custody of the 
minor 
child, 
and the date, location, and disposition of the action;
(e)
a statement of whether a party to the proceeding has been arrested for a crime related 
to domestic violence, stalking, or child abuse or neglect, and the date, location, and 
disposition of the case; and
(f)
any other information required to be submitted to the court for a child custody 
determination under Section 
78B-13-209
81-11-209
.
Section 322, Section 
81-12-106
, which is renumbered from Section 78B-16-107 is renumbered 
and amended to read:
78B-16-107
81-12-106
. Factors to determine risk of abduction.
(1)
In determining whether there is a credible risk of abduction of a 
minor 
child, the court 
shall consider any evidence that the petitioner or respondent:
(a)
has previously abducted or attempted to abduct the 
minor 
child;
(b)
has threatened to abduct the 
minor 
child;
(c)
has recently engaged in activities that may indicate a planned abduction, including:
(i)
abandoning employment;
(ii)
selling a primary residence;
(iii)
terminating a lease;
(iv)
closing bank or other financial management accounts, liquidating assets, hiding 
or destroying financial documents, or conducting any unusual financial activities;
(v)
applying for a passport or visa or obtaining travel documents for the respondent, a 
family member, or the 
minor 
child; or
(vi)
seeking to obtain the 
minor 
child's birth certificate or school or medical records;
(d)
has engaged in domestic violence, stalking, or child abuse or neglect;
(e)
has refused to follow a child custody determination;
(f)
lacks strong familial, financial, emotional, or cultural ties to the state or the United 
States;
(g)
has strong familial, financial, emotional, or cultural ties to another state or country;
(h)
is likely to take the 
minor 
child to a country that:
(i)
is not a party to the Hague Convention on the Civil Aspects of International Child 
Abduction and does not provide for the extradition of an abducting parent or for 
the return of an abducted 
minor 
child;
(ii)
is a party to the Hague Convention on the Civil Aspects of International Child 
Abduction but:
(A)
the Hague Convention on the Civil Aspects of International Child Abduction 
is not in force between the United States and that country;
(B)
is noncompliant according to the most recent compliance report issued by the 
United States Department of State; or
(C)
lacks legal mechanisms for immediately and effectively enforcing a return 
order under the Hague Convention on the Civil Aspects of International Child 
Abduction;
(iii)
poses a risk that the 
minor 
child's physical or emotional health or safety would be 
endangered in the country because of specific circumstances relating to the 
minor 
child or because of human rights violations committed against 
children
a minor 
child
;
(iv)
has laws or practices that would:
(A)
enable the respondent, without due cause, to prevent the petitioner from 
contacting the
 minor
 child;
(B)
restrict the petitioner from freely traveling to or exiting from the country 
because of the petitioner's gender, nationality, marital status, or religion; or
(C)
restrict the 
minor 
child's ability legally to leave the country after the 
minor 
child reaches the age of majority because of a 
minor 
child's gender, nationality, 
or religion;
(v)
is included by the United States Department of State on a current list of state 
sponsors of terrorism;
(vi)
does not have an official United States diplomatic presence in the country; or
(vii)
is engaged in active military action or war, including a civil war, to which the 
minor 
child may be exposed;
(i)
is undergoing a change in immigration or citizenship status that would adversely 
affect the respondent's ability to remain in the United States legally;
(j)
has had an application for United States citizenship denied;
(k)
has forged or presented misleading or false evidence on government forms or 
supporting documents to obtain or attempt to obtain a passport, a visa, travel 
documents, a 
Social Security
social security
 card, a driver license, or other 
government-issued identification card or has made a misrepresentation to the United 
States government;
(l)
has used multiple names to attempt to mislead or defraud; or
(m)
has engaged in any other conduct the court considers relevant to the risk of 
abduction.
(2)
In the hearing on a petition under this chapter, the court shall consider any evidence that 
the respondent believed in good faith that the respondent's conduct was necessary to 
avoid imminent harm to the 
minor 
child or respondent and any other evidence that may 
be relevant to whether the respondent may be permitted to remove or retain the 
minor 
child.
Section 323, Section 
81-12-107
, which is renumbered from Section 78B-16-108 is renumbered 
and amended to read:
78B-16-108
81-12-107
. Provisions and measures to prevent abduction.
(1)
If a petition is filed under this chapter, the court may enter an order 
which
that
 must 
include:
(a)
the basis for the court's exercise of jurisdiction;
(b)
the manner in which notice and opportunity to be heard were given to the persons 
entitled to notice of the proceeding;
(c)
a detailed description of each party's custody and visitation rights and residential 
arrangements for the 
minor 
child;
(d)
a provision stating that a violation of the order may subject the party in violation to 
civil and criminal penalties; and
(e)
identification of the 
minor 
child's country of habitual residence at the time of the 
issuance of the order.
(2)
(a)
If, at a hearing on a petition under this chapter or on the court's own motion, the 
court after reviewing the evidence finds a credible risk of abduction of the 
minor 
child, the court shall enter an abduction prevention order. 
(b)
The order must include the provisions required by Subsection 
(1)
 and measures and 
conditions, including those in Subsections 
(3)
, 
(4)
, and 
(5)
, that are reasonably 
calculated to prevent abduction of the 
minor 
child, giving due consideration to the 
custody, visitation, and parent-time rights of the parties. 
(c)
The court shall consider the age of the 
minor 
child, the potential harm to the 
minor 
child from an abduction, the legal and practical difficulties of returning the 
minor 
child to the jurisdiction if abducted, and the reasons for the potential abduction, 
including evidence of domestic violence, stalking, or child abuse or neglect.
(3)
An abduction prevention order may include one or more of the following:
(a)
an imposition of travel restrictions that require that a party traveling with the 
minor 
child outside a designated geographical area provide the other party with the 
following:
(i)
the travel itinerary of the 
minor 
child;
(ii)
a list of physical addresses and telephone numbers at which the 
minor 
child can 
be reached at specified times; and
(iii)
copies of all travel documents;
(b)
a prohibition of the respondent directly or indirectly:
(i)
removing the 
minor 
child from this state, the United States, or another geographic 
area without permission of the court or the petitioner's written consent;
(ii)
removing or retaining the 
minor 
child in violation of a child custody 
determination;
(iii)
removing the 
minor 
child from school or a child-care or similar facility; or
(iv)
approaching the 
minor 
child at any location other than a site designated for 
supervised visitation;
(c)
a requirement that a party to register the order in another state as a prerequisite to 
allowing the child to travel to that state;
(d)
with regard to the 
minor 
child's passport:
(i)
a direction that the petitioner place the 
minor 
child's name in the United States 
Department of State's Child Passport Issuance Alert Program;
(ii)
a requirement that the respondent surrender to the court or the petitioner's 
attorney any United States or foreign passport issued in the 
minor 
child's name, 
including a passport issued in the name of both the parent and the 
minor 
child; and
(iii)
a prohibition upon the respondent from applying on behalf of the 
minor 
child for 
a new or replacement passport or visa;
(e)
as a prerequisite to exercising custody, visitation, or parent-time, a requirement that 
the respondent provide:
(i)
to the United States Department of State Office of Children's Issues and the 
relevant foreign consulate or embassy, an authenticated copy of the order detailing 
passport and travel restrictions for the 
minor 
child;
(ii)
to the court:
(A)
proof that the respondent has provided the information in Subsection 
(3)(e)(i)
; 
and
(B)
an acknowledgment in a record from the relevant foreign consulate or 
embassy that no passport application has been made, or passport issued, on 
behalf of the 
minor 
child;
(iii)
to the petitioner, proof of registration with the United States Embassy or other 
United States diplomatic presence in the destination country and with the Central 
Authority for the Hague Convention on the Civil Aspects of International Child 
Abduction, if that convention is in effect between the United States and the 
destination country, unless one of the parties objects; and
(iv)
a written waiver under the Privacy Act, 5 U.S.C. Section 552a, with respect to 
any document, application, or other information pertaining to the 
minor 
child 
authorizing its disclosure to the court and the petitioner; and
(f)
upon the petitioner's request, a requirement that the respondent obtain an order from 
the relevant foreign country containing terms identical to the child custody 
determination issued in the United States.
(4)
In an abduction prevention order, the court may impose conditions on the exercise of 
custody or visitation that:
(a)
limit visitation or require that visitation with the 
minor 
child by the respondent be 
supervised until the court finds that supervision is no longer necessary and order the 
respondent to pay the costs of supervision;
(b)
require the respondent to post a bond or provide other security in an amount 
sufficient to serve as a financial deterrent to abduction, the proceeds of which may be 
used to pay for the reasonable expenses of recovery of the 
minor 
child, including 
reasonable attorney fees and costs if there is an abduction; and
(c)
require the respondent to obtain education on the potentially harmful effects to the 
minor 
child from abduction.
(5)
To prevent imminent abduction of a 
minor 
child, a court may:
(a)
issue a warrant to take physical custody of the 
minor 
child under Section 
78B-16-109
81-12-108
 or the law of this state other than this chapter;
(b)
direct the use of law enforcement to take any action reasonably necessary to locate 
the 
minor 
child, obtain return of the 
minor 
child, or enforce a custody determination 
under this chapter or the law of this state other than this chapter; or
(c)
grant any other relief allowed under the law of this state other than this chapter.
(6)
The remedies provided in this chapter are cumulative and do not affect the availability 
of other remedies to prevent abduction.
Section 324, Section 
81-12-108
, which is renumbered from Section 78B-16-109 is renumbered 
and amended to read:
78B-16-109
81-12-108
. Warrant to take physical custody of a minor child.
(1)
If a petition under this chapter contains allegations, and the court finds that there is a 
credible risk that the 
minor 
child is imminently likely to be wrongfully removed, the 
court may issue an ex parte warrant to take physical custody of the 
minor 
child.
(2)
(a)
The respondent on a petition under Subsection 
(1)
 must be afforded an 
opportunity to be heard at the earliest possible time after the ex parte warrant is 
executed, but not later than the next judicial day unless a hearing on that date is 
impossible. 
(b)
In that event, the court shall hold the hearing on the first judicial day possible.
(3)
An ex parte warrant under Subsection 
(1)
 to take physical custody of a 
minor 
child must:
(a)
recite the facts upon which a determination of a credible risk of imminent wrongful 
removal of the 
minor 
child is based;
(b)
direct law enforcement officers to take physical custody of the 
minor 
child 
immediately;
(c)
state the date and time for the hearing on the petition; and
(d)
provide for the safe interim placement of the 
minor 
child pending further order of the 
court.
(4)
If feasible, before issuing a warrant and before determining the placement of the 
minor 
child after the warrant is executed, the court may order a search of the relevant databases 
of the National Crime Information Center system and similar state databases to 
determine if either the petitioner or respondent has a history of domestic violence, 
stalking, or child abuse or neglect.
(5)
The petition and warrant must be served on the respondent when or immediately after 
the 
minor 
child is taken into physical custody.
(6)
(a)
A warrant to take physical custody of a 
minor 
child, issued by this state or another 
state, is enforceable throughout this state. 
(b)
If the court finds that a less intrusive remedy will not be effective, 
it
the court
 may 
authorize law enforcement officers to enter private property to take physical custody 
of the 
minor 
child. 
(c)
If required by exigent circumstances, the court may authorize law enforcement 
officers to make a forcible entry at any hour.
(7)
If the court finds, after a hearing, that a petitioner sought an ex parte warrant under 
Subsection 
(1)
 for the purpose of harassment or in bad faith, the court may award the 
respondent reasonable attorney fees, costs, and other reasonable expenses and losses 
arising out of the issuance of the ex parte warrant.
(8)
This chapter does not affect the availability of relief allowed under the law of this state 
other than this chapter.
Section 325, Section 
81-12-109
, which is renumbered from Section 78B-16-110 is renumbered 
and amended to read:
78B-16-110
81-12-109
. Duration of abduction prevention order.
An abduction prevention order remains in effect until the earliest of:
(1)
the time stated in the order;
(2)
the emancipation of the 
minor 
child;
(3)
the 
minor 
child's attaining 18 years 
of age
old
; or
(4)
the time the order is modified, revoked, vacated, or superseded by a court with 
jurisdiction under Sections 
78B-13-201
 through 
78B-13-203
81-11-201
 through 
81-11-203
.
Section 326, Section 
81-12-110
, which is renumbered from Section 78B-16-111 is renumbered 
and amended to read:
78B-16-111
81-12-110
. Uniformity of application and construction.
(1)
This chapter is a uniform act. 
(2)
In applying and construing 
it
this chapter
, consideration must be given to the need to 
promote uniformity of the law with respect to 
its
this uniform law's
 subject matter 
among states that enact 
it
this uniform law
.
Section 327, Section 
81-12-111
, which is renumbered from Section 78B-16-112 is renumbered 
and amended to read:
78B-16-112
81-12-111
. Relation to Electronic Signatures in Global and 
National Commerce Act.
This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global 
and National Commerce Act, 15 U.S.C. Section 7001, et seq., but does not modify, limit, or 
supersede Section 101(c) of the act, 15 U.S.C. Section 7001(c), or authorize electronic delivery 
of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b).
Section 328, Section 
81-13-101
, which is renumbered from Section 78B-6-103 is renumbered 
and amended to read:
13. ADOPTION
1. General Provisions
78B-6-103
81-13-101
. Definitions for chapter.
As used in this 
part
chapter
:
(1)
"Adoptee" means a person who:
(a)
is the subject of an adoption proceeding; or
(b)
has been legally adopted.
(1)
"Adoptee" means:
(a)
a child adoptee; or
(b)
an adult adoptee.
(2)
"Adoption" means 
the judicial act that
the process by which an individual seeks to
:
(a)
creates the
create the legal
 relationship of parent and child where 
it
the relationship
did not previously exist; and
(b)
except as provided in Subsections 
78B-6-138
(2) and (4), terminates
81-13-220(2)
and (4) and Subsections 
81-13-306(2)
 and (4), terminate
 the parental rights of any 
other 
person
individual
 with respect to the child.
(3)
"Adoption document" means an adoption-related document filed with the office, a 
petition for adoption, a decree of adoption, an original birth certificate, or evidence 
submitted in support of a supplementary birth certificate.
(4)
"Adoption proceeding" means any proceeding under this 
part
chapter
.
(5)
"Adoption service provider" means:
(a)
a child-placing agency;
(b)
a licensed counselor who has at least one year of experience providing professional 
social work services to:
(i)
adoptive parents;
(ii)
prospective adoptive parents; or
(iii)
birth parents; or
(c)
the Office of Licensing within the Department of Health and Human Services.
(6)
"Adoptive parent" means an individual who has legally adopted an adoptee.
(7)
"Adult" means an individual who is 18 years old or older.
(8)
"Adult adoptee" means an adoptee who is 18 years old or older and was adopted as a 
minor.
(8)
"Adult adoptee" means an individual:
(a)
who is an adult and is the subject of an adoption proceeding; or
(b)
who was adopted when the individual was an adult.
(9)
"Adult sibling" means 
an
an individual:
(a)
who is a child
 adoptee's brother or sister
,
;
(b)
who is 18 years old or older
;
 and 
(c)
whose birth 
mother or father
parent
 is the same as that of the
 child
 adoptee.
(10)
"Birth mother" means the biological mother of a child.
(10)
"Birth mother" means the same as that term is defined in Section 
81-5-102
.
(11)
"Birth parent" means:
(a)
a birth mother;
(b)
a man whose paternity of a child is established;
(a)
an individual that has a parent-child relationship with an adoptee as described in 
Section 
81-5-201
;
(c)
(b)
a man who:
(i)
has been identified as the father of 
a child by the child's
an adoptee by the 
adoptee's
 birth mother; and
(ii)
has not denied paternity; or
(d)
(c)
an unmarried biological father.
(12)
"Child adoptee" means an individual:
(a)
who is a minor child and is the subject of an adoption proceeding; or
(b)
who was adopted when the individual was a minor child.
(12)
(13)
"Child-placing agency" means an agency licensed to place 
children
a minor 
child
 for adoption under Title 26B, Chapter 2, Part 1, Human Services Programs and 
Facilities.
(13)
(14)
"Cohabiting" means residing with another 
person
individual
 and being involved 
in a sexual relationship with that 
person
individual
.
(14)
(15)
"Division" means the Division of Child and Family Services, within the 
Department of Health and Human Services, created in Section 
80-2-201
.
(15)
(16)
"Extra-jurisdictional child-placing agency" means an agency licensed to place 
children for adoption by a district, territory, or state of the United States, other than Utah.
(16)
(17)
"Genetic and social history" means a comprehensive report, when obtainable, 
that contains the following information on an adoptee's birth parents, aunts, uncles, and 
grandparents:
(a)
medical history;
(b)
health status;
(c)
cause of and age at death;
(d)
height, weight, and eye and hair color;
(e)
ethnic origins;
(f)
where appropriate, levels of education and professional achievement; and
(g)
religion, if any.
(17)
(18)
"Health history" means a comprehensive report of the adoptee's health status at 
the time of placement for adoption, and medical history, including neonatal, 
psychological, physiological, and medical care history.
(18)
(19)
"Identifying information" means information that is in the possession of the 
office and that contains
:
(a)
the name and address of
:
(i)
 a pre-existing parent
 or an adult adoptee, or 
; or
(ii)
a child adoptee who is 18 years old or older; or
(b)
other specific information that by itself or in reasonable conjunction with other 
information may be used to identify a pre-existing parent or 
an adult adoptee
child 
adoptee
, including information on a birth certificate or in an adoption document.
(19)
(20)
"Licensed counselor" means an individual who is licensed by the state, or 
another state, district, or territory of the United States as a:
(a)
certified social worker;
(b)
clinical social worker;
(c)
psychologist;
(d)
marriage and family therapist;
(e)
clinical mental health counselor; or
(f)
an equivalent licensed professional of another state, district, or territory of the United 
States.
(20)
(21)
"Man" means a male individual
, regardless of
 of any
 age.
(21)
"Mature adoptee" means an adoptee who is adopted when the adoptee is an adult.
(22)
"Office" means the Office of Vital Records and Statistics within the Department of 
Health and Human Services operating under Title 26B, Chapter 8, Part 1, Vital Statistics.
(23)
"Parent," for purposes of Subsection 
78B-6-112
(6) and Section 
78B-6-119
, means any 
person described in Subsections 
78B-6-120
(1)(b) through (f) from whom consent for 
adoption or relinquishment for adoption is required under Sections 
78B-6-120
 through 
78B-6-122
.
(24)
(23)
"Potential birth father" means a man who:
(a)
is identified by a birth mother as a potential biological father of the birth mother's 
minor 
child, but whose genetic paternity has not been established; and
(b)
was not married to the 
biological
birth
 mother of the 
minor 
child described in 
Subsection 
(24)(a)
(23)(a)
 at the time of the 
minor 
child's conception or birth.
(25)
"Pre-existing parent" means:
(a)
a birth parent; or
(b)
an individual who, before an adoption decree is entered, is, due to an earlier 
adoption decree, legally the parent of the child being adopted.
(24)
(a)
"Pre-existing parent" means an individual who is an adoptee's birth parent before 
an adoption decree is entered for the adoptee.
(b)
"Pre-existing parent" includes an individual who is legally the parent of the adoptee, 
due to an earlier adoption decree, before an adoption decree is entered for the adoptee.
(26)
(25)
"Prospective adoptive parent" means an individual who seeks to adopt an 
adoptee.
(27)
(26)
"Relative" means:
(a)
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 
minor 
child, or first cousin of a 
minor 
child's parent; 
and
or
(b)
in the case of 
a child defined as
a minor child who is
 an "Indian child" under the 
Indian Child Welfare Act, 25 U.S.C. Sec. 1903, an "extended family member" as 
defined by that statute.
(28)
(27)
"Unmarried biological father" means a man who:
(a)
is the biological father of a 
minor 
child; and
(b)
was not married to the 
biological
birth
 mother of the 
minor 
child described in 
Subsection 
(28)(a)
(27)(a)
 at the time of the 
minor 
child's conception or birth.
(28)
"Vulnerable adult" means:
(a)
an individual who is 65 years old or older; or
(b)
an adult who has a mental or physical impairment that substantially affects that 
adult's ability to:
(i)
provide personal protection;
(ii)
provide necessities such as food, shelter, clothing, or medical or other health care;
(iii)
obtain services necessary for health, safety, or welfare;
(iv)
carry out the activities of daily living;
(v)
manage the adult's own resources; or
(vi)
comprehend the nature and consequences of remaining in a situation of abuse, 
neglect, or exploitation.
Section 329, Section 
81-13-102
, which is renumbered from Section 78B-6-105 is renumbered 
and amended to read:
78B-6-105
81-13-102
. Venue for an adoption proceeding.
(1)
Notwithstanding Title 78B, Chapter 3a, Venue for Civil Actions, a person shall bring an 
adoption proceeding in a court with jurisdiction under 
Title 78A, Judiciary and Judicial 
Administration
:
(a)
in the 
county
judicial district
 where the prospective adoptive parent resides;
(b)
if the prospective adoptive parent is not a resident of this state, in the 
county
judicial 
district
 where:
(i)
the adoptee was born;
(ii)
the adoptee resides on the day on which the petition is filed; or
(iii)
a parent of the proposed adoptee resides on the day on which the petition is filed
if the proposed adoptee is a minor child
; or
(c)
if the adoption proceeding is brought in the juvenile court
,
 as described in Subsection 
78A-6-103
(2)(a)(xiv)
 or (xv)
, in accordance with Section 
78A-6-350
.
(2)
All orders, decrees, agreements, and notices in an adoption proceeding shall be filed 
with the clerk of the court where the adoption proceeding is commenced under 
Subsection (1).
(3)
A petition for adoption:
(a)
may be filed before the birth of a child;
(b)
may be filed before or after the adoptee is placed in the home of the petitioner for 
the purpose of adoption; and
(c)
shall be filed no later than 30 days after the day on which the adoptee is placed in 
the home of the petitioners for the purpose of adoption, unless:
(i)
the time for filing has been extended by the court; or
(ii)
the adoption is arranged by a child-placing agency in which case the agency may 
extend the filing time.
(4)
(3)
(a)
If a person whose consent for the adoption is required under Section 
78B-6-120
 or 
78B-6-121
81-13-212
 or 
81-13-213
 cannot be found within the state, 
the fact of the 
minor's
adoptee's
 presence within the state shall confer jurisdiction on 
the court in proceedings under this chapter as to such absent person
, provided that
 if
due notice has been given in accordance with the Utah Rules of Civil Procedure.
(b)
The notice may not include the name of:
(i)
a prospective adoptive parent; or
(ii)
an unmarried 
birth 
mother without 
her
the unmarried birth mother's
 consent.
(5)
Service of notice described in Subsection (6) shall vest the court with jurisdiction over 
the person served in the same manner and to the same extent as if the person served was 
served personally within the state.
(6)
(4)
(a)
In the case of service outside the state, service completed not less than five 
days before the time set in the notice for appearance of the person served is sufficient 
to confer jurisdiction.
(b)
Service of notice described in Subsection 
(4)(a)
 shall vest the court with jurisdiction 
over the person served in the same manner and to the same extent as if the person 
served was served personally within the state.
(7)
(5)
Computation of periods of time not otherwise 
set forth
described
 in this section 
shall be made in accordance with the Utah Rules of Civil Procedure.
Section 330, Section 
81-13-103
, which is renumbered from Section 78B-6-141 is renumbered 
and amended to read:
78B-6-141
81-13-103
. Court hearings -- Adoption documents -- Motion to 
intervene.
(1)
(a)
Notwithstanding Section 
80-4-106
, 
court hearings in adoption cases may be 
closed to the public
the court may close to the public any court hearing regarding an 
adoption
 upon 
the 
request of a party to the 
adoption petition and upon court approval
petition for adoption
.
(b)
In a closed hearing, 
the court may 
only
 admit
 the following individuals
 may be 
admitted
:
(i)
a party to the proceeding;
(ii)
the adoptee;
(iii)
a representative of an agency having custody of the adoptee;
(iv)
in a hearing to relinquish parental rights, the individual whose rights are to be 
relinquished and invitees of that individual to provide emotional support;
(v)
in a hearing on the termination of parental rights, the individual whose rights may 
be terminated;
(vi)
in a hearing on a petition to intervene, the proposed intervenor;
(vii)
in a hearing to finalize an adoption, invitees of the petitioner; and
(viii)
other individuals for good cause, upon order of the court.
(2)
An
Except as provided in Subsections 
(3)
 through (6), an
 adoption document and any 
other documents filed in connection with a petition for adoption are sealed.
(3)
A person may only inspect and copy the documents described in Subsection 
(2)
:
(a)
if the adoption proceeding is pending and the person is a party to the adoption 
proceeding;
(b)
within 180 days after the day on which the final decree of adoption is entered if the 
person is a party to the adoption proceeding;
(c)
if the court enters an order expressly permitting the inspection or copying the 
documents after the person filed a motion to intervene and the motion to intervene 
was granted on appeal;
(d)
if the court enters an order expressly permitting the inspection or copying of the 
documents after good cause is shown;
(e)
if the office is permitted to release the documents to the person as described in 
Section 
81-13-504
;
(f)
when the documents becomes public 100 years after the day on which the final 
decree of adoption was entered;
(g)
when the birth certificate becomes public 100 years after the day on which the 
adoptee was born; or
(h)
if the person is permitted access to the documents under Subsection 
(6)(a)
 or (7).
(4)
A person who files a motion to intervene in an adoption proceeding:
(a)
is not a party to the adoption proceeding, unless the motion to intervene is granted; 
and
(b)
subject to Subsection 
(5)
, may not be granted access to the documents described in 
Subsection 
(2)
, unless the motion to intervene is granted.
(5)
If the court enters an order under Subsection 
(3)(c)
 or a potential birth father is made a 
party to the adoption proceeding upon a motion to intervene, the court shall:
(a)
prohibit the person described in Subsection (3)(c) or the potential birth father from 
inspecting a document described in Subsection (2) that contains identifying 
information of an adoptive or prospective adoptive parent; and
(b)
permit the person described in Subsection 
(3)
(c) or the potential birth father to 
review a copy of the document described in Subsection 
(5)(a)
 after the identifying 
information of the adoptive or prospective adoptive parent is redacted from the 
document.
(3)
The documents described in Subsection 
(2)
 may only be open to inspection and 
copying:
(a)
in accordance with Subsection 
(5)(a)
, by a party to the adoption proceeding:
(i)
while the proceeding is pending; or
(ii)
within six months after the day on which the adoption decree is entered;
(b)
subject to Subsection 
(5)(b)
, if a court enters an order permitting access to the 
documents by an individual who has appealed the denial of that individual's motion 
to intervene;
(c)
upon order of the court expressly permitting inspection or copying, after good cause 
has been shown;
(d)
as provided under Section 
78B-6-144
;
(e)
when the adoption document becomes public on the one hundredth anniversary of 
the date the final decree of adoption was entered;
(f)
when the birth certificate becomes public on the one hundredth anniversary of the 
date of birth;
(g)
to a mature adoptee or a parent who adopted the mature adoptee, without a court 
order, unless the final decree of adoption is entered by the juvenile court under 
Subsection 
78B-6-115(3)(b)
; or
(h)
to an adult adoptee, to the extent permitted under Subsection 
(4)
.
(4)
(6)
(a)
An adult adoptee that was born in the state may access an adoption 
document associated with the adult adoptee's adoption without a court order:
(i)
to the extent that a birth parent consents under Subsection 
(4)(b)
; or
(ii)
if the birth parents listed on the original birth certificate are deceased.
(a)
A child adoptee may access an adoption document associated with the child 
adoptee's adoption without a court order if:
(i)
the child adoptee is 18 years old or older;
(ii)
the child adoptee was born in this state; and
(iii)
(A)
a pre-existing parent consents as described in Subsection 
(6)(b)
; or
(B)
the pre-existing parents listed on the original birth certificate are deceased.
(b)
A 
birth
pre-existing
 parent may:
(i)
provide consent to allow the access described in Subsection 
(4)(a)
(6)(a)
 by 
electing, electronically or on a written form provided by the office, allowing the 
birth
pre-existing
 parent to elect to:
(A)
allow the office to provide the 
adult
child
 adoptee with the contact 
information of the 
birth
pre-existing
 parent that the 
birth
pre-existing
 parent 
indicates;
(B)
allow the office to provide the 
adult
child
 adoptee with the contact 
information of an intermediary that the 
birth
pre-existing
 parent indicates;
(C)
prohibit the office from providing any contact information to the 
adult
child
adoptee;
 or
(D)
allow the office to provide the 
adult
child
 adoptee with a noncertified copy of 
the original birth certificate; and
(ii)
at any time, file, electronically or on a written document with the office, to:
(A)
change the election described in Subsection 
(4)(b)
(6)(b)
; or
(B)
elect to make other information about the birth parent, including an updated 
medical history, available for inspection by 
an adult
a child
 adoptee.
(c)
A birth parent may not access any identifying information or an adoption document 
under this Subsection 
(4)
.
(d)
(c)
If two 
birth
pre-existing
 parents are listed on the original birth certificate and 
only one 
birth
pre-existing
 parent consents under Subsection 
(4)(b)
(6)(a)
 or is 
deceased, the office may redact the name of the other 
birth
pre-existing
 parent.
(7)
An adult adoptee, or the adoptive parent of the adult adoptee, may inspect an adoption 
document associated with the adult adoptee's adoption without a court order, unless the 
final decree of adoption is entered by the juvenile court.
(8)
A pre-existing parent may not access the documents described in Subsection 
(2)
 or any 
identifying information under Subsection 
(6)
.
(5)
(a)
An individual who files a motion to intervene in an adoption proceeding:
(i)
is not a party to the adoption proceeding, unless the motion to intervene is 
granted; and
(ii)
may not be granted access to the documents described in Subsection 
(2)
, unless 
the motion to intervene is granted.
(b)
An order described in Subsection 
(3)(b)
 shall:
(i)
prohibit the individual described in Subsection 
(3)(b)
 from inspecting a document 
described in Subsection 
(2)
 that contains identifying information of the adoptive 
or prospective adoptive parent; and
(ii)
permit the individual described in Subsection 
(5)(b)(i)
 to review a copy of a 
document described in Subsection 
(5)(b)(i)
 after the identifying information 
described in Subsection 
(5)(b)(i)
 is redacted from the document.
Section 331, Section 
81-13-104
, which is renumbered from Section 78B-6-106 is renumbered 
and amended to read:
78B-6-106
81-13-104
. Responsibility for own actions -- Fraud or 
misrepresentation.
(1)
Each parent of 
a child
an adoptee
 conceived or born outside of marriage is responsible 
for 
his or her
the parent's
 own actions and is not excused from strict compliance with 
the provisions of this 
chapter based upon any action, statement, or omission of the 
other parent or third parties.
(2)
(a)
Any person injured by fraudulent representations or actions in connection with an 
adoption is entitled to pursue civil or criminal penalties in accordance with existing 
law. 
(b)
A fraudulent representation is not a defense to strict compliance with the 
requirements of this chapter and is not a basis for dismissal of a petition for adoption, 
vacation of an adoption decree, or an automatic grant of custody to the offended 
party. 
(c)
Custody determinations
For a child adoptee, a custody determination
 shall be based 
on the best interests of the 
child,
child adoptee
 in accordance with the provisions of 
Section 
78B-6-133
81-13-215
.
(3)
A child-placing agency and the employees of a child-placing agency may not:
(a)
employ any device, scheme, or artifice to defraud;
(b)
engage in any act, practice, or course of business that operates or would operate as a 
fraud or deceit upon any person;
(c)
materially and intentionally misrepresent facts or information; or
(d)
request or require a prospective adoptive parent to grant, as a condition of or in 
connection with entering into an agreement with a child-placing agency, a release of 
either the prospective adoptive parent's claims or the 
adoptive child's
adoptee's
claims against the child-placing agency regarding any of the following:
(i)
criminal misconduct;
(ii)
ethical violations, as established by the Office of Licensing's administrative rules;
(iii)
bad faith;
(iv)
intentional torts;
(v)
fraud;
(vi)
gross negligence associated with care of the 
child
adoptee
, as described in 
Subsection 
78B-6-134(3)
81-13-210(2)
;
(vii)
future misconduct that may arise before the adoption is finalized;
(viii)
breach of contract; or
(ix)
gross negligence.
(4)
Subsection 
(3)
 does not prohibit a release of claims against a child-placing agency or a 
child-placing agency's employees for liability arising from the acts or the failure to act of 
a third party.
Section 332, Section 
81-13-105
, which is renumbered from Section 78B-6-142 is renumbered 
and amended to read:
78B-6-142
81-13-105
. Adoption order from foreign country.
(1)
Except as otherwise provided by federal law, an adoption order rendered to a resident of 
this state that is made by a foreign country shall be recognized by the courts of this state 
and enforced as if the order were rendered by a court in this state.
(2)
A person
An individual
 who adopts 
a child
an adoptee
 in a foreign country may 
register the order in this state. 
(3)
A petition for registration of a foreign adoption order may be combined with a petition 
for a name change. 
(4)
If the court finds that the foreign adoption order meets the requirements of Subsection 
(1)
, the court shall order the 
state registrar
office
 to:
(a)
file the order
 pursuant to Section 
78B-6-137
; and
(b)
file a certificate of birth for the 
child pursuant to
adoptee in accordance with
 Section 
26B-8-131
.
(3)
(5)
If a clerk of the court is unable to establish the fact, time, and place of birth from 
the documentation provided, a person holding a direct, tangible, and legitimate interest 
as described in Subsection 
26B-8-125(3)(a)
 or 
(b)
 may petition for a court order 
establishing the fact, time, and place of a birth 
pursuant to
in accordance with
Subsection 
26B-8-119(1)
.
Section 333, Section 
81-13-106
, which is renumbered from Section 78B-6-121.5 is renumbered 
and amended to read:
78B-6-121.5
81-13-106
. Compact for Interstate Sharing of Putative Father 
Registry Information -- Severability clause.
COMPACT FOR INTERSTATE SHARING
OF PUTATIVE FATHER REGISTRY INFORMATION
ARTICLE I
PURPOSE
This compact enables the sharing of putative father registry information collected by a 
state that is a party to the compact with all other states that are parties to the compact.
ARTICLE II
DEFINITIONS
(1) "Putative father" means a man who may be the biological father of a child because 
the man had a sexual relationship with a woman to whom he is not married.
(2) "Putative father registry" mean a registry of putative fathers maintained and used by 
a state as part of its legal process for protecting a putative father's rights.
(3) "State" includes a state, district, or territory of the United States.
ARTICLE III
ENTRY, WITHDRAWAL, AND AMENDMENTS
(1) A state is a party to this compact upon enactment of this compact by the state into 
state law.
(2) Upon providing at least 60 days' notice of withdrawal from this compact to each 
party to the compact and repealing the compact from state law, a state is no longer party to this 
compact.
(3) This compact is amended upon enactment of the amendment into state law by each 
party to the compact.
ARTICLE IV
INTERSTATE SHARING OF PUTATIVE FATHER REGISTRY INFORMATION
(1) A party to this compact shall communicate information in its putative father registry 
about a specific putative father to any other party to this compact in a timely manner upon 
request by the other party.
(2) A party to this compact is not required to have a putative father registry in order to 
request putative father registry information from another party to the compact.
(3) Putative father registry information requested by a party to this compact from 
another party to this compact is subject to the laws of the requesting party governing the 
privacy, retention, and authorized uses of putative father information or, if the requesting party 
does not have a putative father registry, the laws of the party supplying the information 
governing the privacy, retention, and authorized uses of putative father information.
(4) Notwithstanding Article IV, Subsection (3) of this compact, the request for or 
receipt of putative father registry information by a party to this compact from another party to 
this compact does not affect the application of the requesting party's laws, including laws 
regarding adoption or the protection of a putative father's rights, except as explicitly provided 
by the requesting party's laws.
(5) Failure by a party to this compact to provide accurate putative father registry 
information in a timely manner to another party to this compact upon request does not affect 
application of the requesting party's laws, including laws governing adoption and the 
protection of a putative father's rights, except as explicitly provided by the requesting party's 
laws.
(6) Each party to this compact shall work with every other party to this compact to 
facilitate the timely communication of putative father registry information between compact 
parties upon request.
ARTICLE V
SEVERABILITY
The provisions of this compact are severable. If any provision of this compact or the 
application of any provision of this compact to any person or circumstance is held invalid by a 
final decision of a court of competent jurisdiction for a state that is a member of this compact, 
the remainder of this compact shall be given effect within that state without the invalid 
provision or application. If a provision of this compact is severed in one or more states as a 
result of one or more court decisions, the provision shall remain in force in all other states that 
are parties to this compact.
Section 334, Section 
81-13-201
 is enacted to read:
2. Adoption of a Minor Child
81-13-201
. Definitions for part.
As used in this part, "sexual offense" means:
(1)
an offense described in Title 76, Chapter 5, Part 4, Sexual Offenses; or
(2)
an offense under the laws of the state where the minor child was conceived that is 
substantially similar to an offense described in Title 76, Chapter 5, Part 4, Sexual 
Offenses.
Section 335, Section 
81-13-202
, which is renumbered from Section 78B-6-102 is renumbered 
and amended to read:
78B-6-102
81-13-202
. Legislative intent and findings -- Best interest of the 
minor child -- Interests of each party.
(1)
It is the intent and desire of the Legislature that in every adoption
 of a minor child that
the best interest of the 
minor 
child should govern and be of foremost concern in the 
court's determination.
(2)
The court shall make a specific finding regarding the best interest of the 
child
minor 
child
, taking into consideration information provided to the court pursuant to the 
requirements of this chapter relating to the health, safety, and welfare of the 
minor 
child 
and the moral climate of the potential adoptive placement.
(3)
The Legislature finds that the rights and interests of all parties affected by an adoption 
proceeding must be considered and balanced in determining what constitutional 
protections and processes are necessary and appropriate.
(4)
(a)
The Legislature specifically finds that it is not in a
 minor
 child's best interest to be 
adopted by a person or persons who are cohabiting in a relationship that is not a 
legally valid and binding marriage under the laws of this state. 
(b)
Nothing in this section limits or prohibits the court's placement of a 
minor 
child with 
a single adult who is not cohabiting or a person who is a relative of the 
minor 
child or 
a recognized placement under the Indian Child Welfare Act, 25 U.S.C. Sec. 1901 et 
seq.
(5)
The Legislature also finds that:
(a)
the state has a compelling interest in providing 
a 
stable and permanent 
homes for 
adoptive children
home for a child adoptee
 in a prompt manner, in preventing the 
disruption of 
adoptive placements
an adoptive placement
, and in holding parents 
accountable for meeting the needs of 
children
a child adoptee
;
(b)
an unmarried 
birth 
mother, faced with the responsibility of making crucial decisions 
about the future of a newborn child, is entitled to privacy, and has the right to make 
timely and appropriate decisions regarding her future and the future of the 
newborn 
child, and is entitled to assurance regarding the permanence of an adoptive placement;
(c)
adoptive children have
a child adoptee has
 a right to permanence and stability in 
adoptive placements
an adoptive placement
;
(d)
adoptive parents have a constitutionally protected liberty and privacy interest in 
retaining custody of 
an adopted child
a child adoptee
;
(e)
an unmarried biological father has an inchoate interest that acquires constitutional 
protection only when 
he
the unmarried biological father
 demonstrates a timely and 
full commitment to the responsibilities of parenthood, both during pregnancy and 
upon the 
child's
child adoptee's
 birth; and
(f)
the state has a compelling interest in requiring 
unmarried biological fathers
an 
unmarried biological father
 to demonstrate commitment by providing appropriate 
medical care and financial support and by establishing legal 
paternity,
parentage
 in 
accordance with the requirements of this chapter.
(6)
(a)
In enacting this chapter, the Legislature has prescribed the conditions for 
determining whether an unmarried biological father's action is sufficiently prompt 
and substantial to require constitutional protection.
(b)
If an unmarried biological father fails to grasp the opportunities to establish a 
relationship with 
his child
the child adoptee
 that are available to 
him, his biological
the unmarried biological father, the unmarried biological father's
 parental interest 
may be lost entirely, or greatly diminished in constitutional significance by 
his
the 
unmarried biological father's
 failure to timely exercise 
it
the unmarried biological 
father's parental interest
, or by 
his
the unmarried biological father's
 failure to strictly 
comply with the available legal steps to substantiate 
it
the parental interest
.
(c)
(i)
A certain degree of finality is necessary in order to facilitate the state's 
compelling interest. 
(ii)
The Legislature finds that the interests of the state, the 
birth 
mother, the child
adoptee
, and the adoptive parents described in this section outweigh the interest of 
an unmarried biological father who does not timely grasp the opportunity to 
establish and demonstrate a relationship with 
his child
the child adoptee
 in 
accordance with the requirements of this chapter.
(d)
(i)
The Legislature finds no practical way to remove all risk of fraud or 
misrepresentation in adoption proceedings, and has provided a method for 
absolute protection of an unmarried biological father's rights by compliance with 
the provisions of this chapter. 
(ii)
In balancing the rights and interests of the state, and of all parties affected by 
fraud, specifically the child
 adoptee
, the adoptive parents, and the unmarried 
biological father, the Legislature has determined that the unmarried biological 
father is in the best position to prevent or ameliorate the effects of fraud and that, 
therefore, the burden of fraud shall be borne by 
him
the unmarried biological 
father
.
(e)
An unmarried biological father has the primary responsibility to protect 
his
the 
unmarried biological father's
 rights.
(f)
An unmarried biological father is presumed to know that the child
 adoptee
 may be 
adopted without 
his
the unmarried biological father's
 consent unless 
he
the 
unmarried biological father
 strictly complies with the provisions of this chapter, 
manifests a prompt and full commitment to 
his
the unmarried biological father's
parental responsibilities, and establishes paternity.
(7)
The Legislature finds that an unmarried
 birth
 mother has
:
(a)
 a right of privacy with regard to 
her
the unmarried birth mother's
 pregnancy and 
adoption plan
, and therefore has
;
(b)
 no legal obligation to disclose the identity of an unmarried biological father 
prior to
before
 or during an adoption proceeding
, and has
; and
(c)
 no obligation to volunteer information to the court with respect to the father.
Section 336, Section 
81-13-203
, which is renumbered from Section 78B-6-117 is renumbered 
and amended to read:
78B-6-117
81-13-203
. Who may adopt -- Adoption of a minor child.
(1)
A minor child may be adopted by an adult individual, in accordance with this section 
and this part.
(1)
An adult may adopt a minor child in accordance with this section and this chapter.
(2)
A
Except as otherwise provided in this section and subject to the placement 
requirements described in Section 
81-13-403
, a minor
 child may be adopted by:
(a)
adults who are legally married to each other in accordance with the laws of this state, 
including adoption by a stepparent; or
(b)
subject to Subsections 
(3)
 and 
(4)
, a single adult
an adult who is not married
.
(3)
A child may not be adopted by an individual who
If an adult
 is cohabiting in a 
relationship that is not a legally valid and binding marriage under the laws of this state
, 
the adult may not adopt a minor child
 unless the individual is a relative of the 
minor 
child or a recognized placement under the Indian Child Welfare Act, 25 U.S.C. Sec. 
1901 et seq.
(4)
To provide a child who is in the custody of the division with the most beneficial family 
structure, when a child in the custody of the division is placed for adoption, the division 
or child-placing agency shall place the child with a married couple, unless:
(a)
there are no qualified married couples who:
(i)
have applied to adopt a child;
(ii)
are willing to adopt the child; and
(iii)
are an appropriate placement for the child;
(b)
the child is placed with a relative of the child;
(c)
the child is placed with an individual who has already developed a substantial 
relationship with the child;
(d)
the child is placed with an individual who:
(i)
is selected by a parent or former parent of the child, if the parent or former parent 
consented to the adoption of the child; and
(ii)
the parent or former parent described in Subsection 
(4)(d)(i)
:
(A)
knew the individual with whom the child is placed before the parent 
consented to the adoption; or
(B)
became aware of the individual with whom the child is placed through a 
source other than the division or the child-placing agency that assists with the 
adoption of the child; or
(e)
it is in the best interests of the child to place the child with a single adult.
(4)
A married adult who is lawfully separated from the married adult's spouse may not 
adopt a minor child without the consent of the married adult's spouse if the spouse is 
capable of giving consent.
(5)
An adult may not adopt a minor child unless:
(a)
the adult is at least 10 years older than the minor child; or
(b)
at least one adult of a married couple is at least 10 years older than the minor child if 
a married couple is adopting the minor child.
(5)
(6)
Except as provided in Subsection 
(6)
(7)
, an adult may not adopt a 
minor 
child if, 
before adoption is finalized, the adult has been convicted of, pleaded guilty to, or 
pleaded no contest to a felony or attempted felony involving conduct that constitutes
any of the following
:
(a)
child abuse, as described in Section 
76-5-109
;
(b)
child abuse homicide, as described in Section 
76-5-208
;
(c)
child kidnapping, as described in Section 
76-5-301.1
;
(d)
human trafficking of a child, as described in Section 
76-5-308.5
;
(e)
sexual abuse of a minor, as described in Section 
76-5-401.1
;
(f)
rape of a child, as described in Section 
76-5-402.1
;
(g)
object rape of a child, as described in Section 
76-5-402.3
;
(h)
sodomy on a child, as described in Section 
76-5-403.1
;
(i)
sexual abuse of a child, as described in Section 
76-5-404.1
, or
;
(j)
aggravated sexual abuse of a child, as described in Section 
76-5-404.3
;
(j)
(k)
sexual exploitation of a minor, as described in Section 
76-5b-201
;
(k)
(l)
aggravated sexual exploitation of a minor, as described in Section 
76-5b-201.1
;
(l)
(m)
aggravated child abuse, as described in Section 
76-5-109.2
;
(m)
(n)
child abandonment, as described in Section 
76-5-109.3
;
(n)
(o)
commission of domestic violence in the presence of a child, as described in 
Section 
76-5-114
; or
(o)
(p)
an offense in another state that, if committed in this state, would constitute an 
offense described in this Subsection 
(5)
(6)
.
(6)
(7)
(a)
For purpose of
As used in
 this Subsection 
(6)
(7)
, "disqualifying offense" 
means an offense listed in Subsection 
(5)
(6)
 that prevents a court from considering 
an individual
an adult
 for adoption of a 
minor 
child except as provided in this 
Subsection 
(6)
(7)
.
(b)
An 
individual
adult
 described in Subsection 
(5)
(6)
 may only be considered for 
adoption of a 
minor 
child if the following criteria are met by clear and convincing 
evidence:
(i)
at least 10 years have elapsed from the day on which the 
individual
adult
 is 
successfully released from prison, jail, parole, or probation related to a 
disqualifying offense;
(ii)
during the 10 years before the day on which the 
individual
adult
 files a petition 
with the court seeking adoption, the 
individual
adult
 has not been convicted, 
pleaded guilty, or pleaded no contest to an offense greater than an infraction or 
traffic violation that would likely impact the health, safety, or well-being of the 
minor 
child;
(iii)
the 
individual
adult
 can provide evidence of successful treatment or 
rehabilitation directly related to the disqualifying offense;
(iv)
the court determines that the risk related to the disqualifying offense is unlikely 
to cause harm, as defined in Section 
80-1-102
, or potential harm to the 
minor 
child 
currently or at any time in the future when considering all of the following:
(A)
the 
minor 
child's age;
(B)
the 
minor 
child's gender;
(C)
the 
minor 
child's development;
(D)
the nature and seriousness of the disqualifying offense;
(E)
the preferences of a 
minor 
child 
who is 
12 years old or older;
(F)
any available assessments, including custody evaluations, home studies, 
pre-placement adoptive evaluations, parenting assessments, psychological or 
mental health assessments, and bonding assessments; and
(G)
any other relevant information;
(v)
the 
individual
adult
 can provide evidence of all of the following:
(A)
the relationship with the 
minor 
child is of long duration;
(B)
that an emotional bond exists with the 
minor 
child; and
(C)
that adoption by the individual who has committed the disqualifying offense 
ensures the best interests of the 
minor 
child are met; and
(vi)
the adoption is by:
(A)
a stepparent whose spouse is the adoptee's parent and consents to the 
adoption; or
(B)
subject to Subsection 
(6)(d)
(7)(d)
, a relative of the
 minor
 child
,
 as defined in 
Section 
80-3-102
,
 and there is not another relative without a disqualifying 
offense filing an adoption petition.
(c)
The 
individual
adult
 with the disqualifying offense bears the burden of proof 
regarding why adoption with that 
individual
adult
 is in the best interest of the 
minor 
child over another responsible relative or equally situated 
individual
adult
 who does 
not have a disqualifying offense.
(d)
If there is an alternative responsible relative who does not have a disqualifying 
offense filing an adoption petition
, the following applies
:
(i)
preference for adoption shall be given to a relative who does not have a 
disqualifying offense; and
(ii)
before the court may grant adoption to the 
individual
adult
 who has the 
disqualifying offense over another responsible, willing, and able relative:
(A)
an impartial custody evaluation shall be completed; and
(B)
a guardian ad litem shall be assigned.
(7)
(8)
Subsections 
(5)
 and 
(6)
(6) and (7)
 apply to a case pending on March 25, 2017, for 
which a final decision on adoption has not been made and to a case filed on or after 
March 25, 2017.
Section 337, Section 
81-13-204
 is enacted to read:
81-13-204
. Petition for adoption of a minor child.
(1)
A person may bring a petition for adoption of a minor child:
(a)
before the birth of the minor child; or
(b)
before or after the minor child is placed in the home of the adoptive parent for the 
purpose of adoption.
(2)
(a)
Except as provided in Subsection (2)(c), a petition for adoption of a minor child 
shall state whether the minor child was born in another state.
(b)
If the minor child was born in another state, the petition and the court's final decree 
of adoption shall state that the requirements of Title 80, Chapter 2, Part 9, Interstate 
Compact on Placement of Children, have been complied with.
(c)
This Subsection 
(2)
 does not apply if the prospective adoptive parent is not required 
to complete a preplacement adoptive evaluation under Section 
81-13-404
.
(3)
In any adoption proceeding involving an "Indian child," as defined in 25 U.S.C. Sec. 
1903, a child-placing agency and a petitioner shall comply with the Indian Child 
Welfare Act, 25 U.S.C. Sec. 1901 et seq.
Section 338, Section 
81-13-205
, which is renumbered from Section 78B-6-112 is renumbered 
and amended to read:
78B-6-112
81-13-205
. Petition to terminate parental rights of a minor child.
(1)
A party may bring a petition seeking to terminate parental rights 
in the child
of a minor 
child
 for the purpose of facilitating the adoption of the 
minor 
child in a court with 
jurisdiction under 
Title 78A, Judiciary and Judicial Administration
.
(2)
A petition to terminate parental rights under this section may be:
(a)
joined with a proceeding on an adoption petition; or
(b)
filed as a separate proceeding before or after a petition to adopt the 
minor 
child is 
filed.
(3)
A court may enter a final order terminating parental rights before a final decree of 
adoption is entered.
(4)
(a)
Nothing in this section limits the jurisdiction of a juvenile court relating to 
proceedings to terminate parental rights as described in Section 
78A-6-103
.
(b)
A court may not terminate parental rights 
in a 
of a minor 
child if the 
minor 
child is 
under the jurisdiction of the juvenile court in a pending abuse, neglect, dependency, 
or termination of parental rights proceeding.
(5)
The court may terminate an individual's parental rights 
in a 
of a minor 
child if:
(a)
the individual executes a voluntary consent to adoption, or relinquishment for 
adoption, of the 
minor 
child, in accordance with:
(i)
the requirements of this chapter; or
(ii)
the laws of another state or country, if the consent is valid and irrevocable;
(b)
the individual is an unmarried biological father who is not entitled to consent to 
adoption, or relinquishment for adoption, under Section 
78B-6-120
 or 
78B-6-121
81-13-212
 or 
81-13-213
;
(c)
the individual:
(i)
received notice of the adoption proceeding relating to the 
minor 
child under 
Section 
78B-6-110
81-13-207
; and
(ii)
failed to file a motion for relief, under Subsection 
78B-6-110
(6)
81-13-207(6)
, 
within 30 days after the day on which the individual was served with notice of the 
adoption proceeding;
(d)
the court finds, under Section 
78B-15-607
81-5-607
, that the individual is not a 
parent of the 
minor 
child; or
(e)
the individual's parental rights are terminated on grounds described in Title 80, 
Chapter 4, Termination and Restoration of Parental Rights, and termination is in the 
best interests of the 
minor 
child.
(6)
The court shall appoint an indigent defense service provider in accordance with Title 
78B, Chapter 22, Indigent Defense Act, to represent a parent
, as defined in Section 
81-13-211
,
 who faces any action initiated by a private party under Title 80, Chapter 4, 
Termination and Restoration of Parental Rights, or whose parental rights are subject to 
termination under this section.
(7)
If a county incurs expenses in providing indigent defense services to an indigent 
individual facing any action initiated by a private party under Title 80, Chapter 4, 
Termination and Restoration of Parental Rights, or termination of parental rights under 
this section, the county may apply for reimbursement from the Utah Indigent Defense 
Commission in accordance with Section 
78B-22-406
.
(8)
A petition filed under this section is subject to the procedural requirements of this 
chapter.
Section 339, Section 
81-13-206
, which is renumbered from Section 78B-6-109 is renumbered 
and amended to read:
78B-6-109
81-13-206
. Determination of rights in an adoption proceeding for a 
minor child.
(1)
(a)
Any interested person may petition a court 
having
with
 jurisdiction over 
adoption proceedings
an adoption proceeding of a minor child
 for a determination of 
the rights and interests of any person who may claim an interest in 
a child under this 
part
the minor child under this part
.
(b)
The petition described in Subsection 
(1)
 may be filed at any time before the 
finalization of the adoption, including before:
(i)
the 
minor 
child's birth;
(ii)
a petition for adoption is filed; or
(iii)
a petition to terminate parental rights is filed.
(2)
If a petition for adoption or a petition to terminate parental rights has been filed 
in 
district court
in a court with jurisdiction under Title 78A, Judiciary and Judicial 
Administration
, the petitioner or any interested person may, without filing a separate 
petition, move the court for a determination of the rights and interests of any person who 
may claim an interest in 
a child under this part
the minor child under this chapter
.
Section 340, Section 
81-13-207
, which is renumbered from Section 78B-6-110 is renumbered 
and amended to read:
78B-6-110
81-13-207
. Notice of an adoption proceeding for a minor child.
(1)
(a)
An unmarried biological father, by virtue of the fact that he has engaged in a 
sexual relationship with a woman:
(i)
is considered to be on notice that a pregnancy and an adoption proceeding 
regarding the child may occur; and
(ii)
has a duty to protect his own rights and interests.
(b)
An unmarried biological father is entitled to actual notice of a birth or an adoption 
proceeding with regard to his child only as provided in this section or Section 
78B-6-110.5
.
(2)
(1)
Notice of an adoption proceeding shall be served
A petitioner in an adoption 
proceeding described in Section 
81-13-204
, 
81-13-205
, or 
81-13-206
 shall serve a notice 
of the adoption proceeding
 on each of the following persons:
(a)
any person or agency whose consent or relinquishment is required under Section 
78B-6-120
 or 
78B-6-121
81-13-212
 or 
81-13-213
, unless that right has been 
terminated by:
(i)
waiver;
(ii)
relinquishment;
(iii)
actual or implied consent; or
(iv)
judicial action;
(b)
any person who has initiated a 
paternity
parentage
 proceeding and filed notice of 
that action with the 
state registrar of vital statistics within the Department of Health 
and Human Services,
the office
 in accordance with Subsection 
(3)
;
(c)
any legally appointed custodian or guardian of the 
child 
adoptee;
(d)
the petitioner's spouse
, if any, only if
 if the petitioner is married and
 the petitioner's 
spouse has not joined in the petition;
(e)
the 
child 
adoptee's spouse
, if any
 if the child adoptee is married
;
(f)
any 
person who, prior to
individual who, before
 the time the 
birth 
mother executes 
her
the birth mother's
 consent for adoption or relinquishes the child
 adoptee
 for 
adoption, is recorded on the birth certificate as the 
child's father
child adoptee's 
parent
, with the knowledge and consent of the 
birth 
mother;
(g)
a person
any individual
 who is:
(i)
openly living in the same household with the child
 adoptee
 at the time the consent 
is executed or relinquishment made; and
(ii)
holding 
himself
the individual
 out to be the 
child's father
child adoptee's parent
; 
and
(h)
any person
an individual
 who is married to the 
child's
child adoptee's
birth 
mother 
at the time 
she
the birth mother
 executes 
her
the birth mother's
 consent to the 
adoption or relinquishes the child
 adoptee
 for adoption, unless the court finds that the 
mother's spouse is not the 
child's father
child adoptee's parent
 under Section 
78B-15-607
81-5-607
.
(2)
(a)
Except as provided in Subsections 
(2)(b)
 and (c), the petitioner may serve the 
notice described in Subsection 
(1)
 at any time after the petition for the adoption 
proceeding is filed.
(b)
The petitioner may not serve the notice described in Subsection 
(2)(a)
 on a birth 
mother before the birth mother has given birth to the minor child who is the subject 
of the petition.
(c)
The petitioner shall serve the notice described in Subsection 
(1)
 at least 30 days prior 
to the final dispositional hearing.
(3)
(a)
An unmarried biological father, by virtue of the fact that the unmarried biological 
father has engaged in a sexual relationship with a woman:
(i)
is considered to be on notice that a pregnancy and an adoption proceeding 
regarding a minor child may occur; and
(ii)
has a duty to protect the unmarried biological father's own rights and interests.
(b)
An unmarried biological father is entitled to actual notice of a birth or an adoption 
proceeding with regard to the unmarried biological father's minor child only as 
provided in this section or Section 
81-13-209
.
(a)
(c)
In order to preserve any right to notice, an unmarried biological father shall, 
consistent with Subsection 
(3)(d)
(3)(f)
:
(i)
initiate proceedings in a 
district court of Utah to establish paternity under 
Title 
78B, Chapter 15, Utah Uniform Parentage Act
court with jurisdiction under Title 
78A, Judiciary and Judicial Administration, to establish parentage under Chapter 
5, Uniform Parentage Act
; and
(ii)
file a notice of commencement of the proceedings described in Subsection 
(3)(a)(i)
 with the office of vital statistics within the Department of Health and 
Human Services
(3)(c)(i) with the office
.
(b)
If the unmarried, biological father does not know the county in which the birth 
mother resides, he may initiate his action in any county, subject to a change in trial 
pursuant to Section 
78B-3a-201
.
(d)
Notwithstanding Section 
81-13-102
 or Title 78B, Chapter 3a, Venue for Civil 
Actions, an unmarried biological father may initiate an action described in 
Subsection 
(3)(c)
 in any county if the unmarried biological father does not know the 
county in which the birth mother resides.
(c)
(e)
The Department of Health and Human Services shall provide forms for the 
purpose of filing the notice described in Subsection 
(3)(a)(ii)
(3)(c)(ii)
, and make 
those forms available in the office of the county health department in each county.
(d)
(f)
When the 
state registrar of vital statistics
office
 receives a completed form, the 
registrar
office
 shall:
(i)
record the date and time the form was received; and
(ii)
immediately enter the information provided by the unmarried biological father in 
the confidential registry 
established by Subsection 
78B-6-121(3)(c)
described in 
Subsection 
81-13-213(4)(c)
.
(e)
(g)
The action and notice described in Subsection 
(3)(a)
:
(i)
may be filed
An unmarried biological father may file the action and notice 
described in Subsection 
(3)(c)
 before or after the 
minor 
child's birth
; and
.
(ii)
shall be filed prior to
An unmarried biological father shall file the action and 
notice described in Subsection 
(3)(c)
 before
 the mother's:
(A)
execution of consent to adoption of the
 minor
 child; or
(B)
relinquishment of the 
minor 
child for adoption.
(h)
Notwithstanding Subsection 
(2)(b)
, an unmarried biological father is not entitled to 
notice of an adoption proceeding in a case where it is shown that the minor child was 
conceived as a result of conduct that constitutes a sexual offense, regardless of 
whether the unmarried biological father is formally charged with or convicted of the 
sexual offense.
(4)
Notice provided in accordance with this section need not disclose the name of the 
birth 
mother of the 
minor 
child who is the subject of an adoption proceeding.
(5)
The notice required by this section:
(a)
may be served at any time after the petition for adoption is filed, but may not be 
served on a birth mother before she has given birth to the child who is the subject of 
the petition for adoption;
(b)
shall be served at least 30 days prior to the final dispositional hearing;
(c)
(a)
shall specifically state that the person served shall fulfill the requirements of 
Subsection 
(6)(a)
 within 30 days after the day on which the person receives service if 
the person intends to intervene in or contest the adoption;
(d)
(b)
shall state the consequences, described in Subsection 
(6)(b)
, for failure of a 
person to file a motion for relief within 30 days after the day on which the person is 
served with notice of an adoption proceeding;
(e)
(c)
is not required to include, 
nor
or
 be accompanied by, a summons or a copy of 
the petition for adoption;
(f)
(d)
shall state where the person may obtain a copy of the petition for adoption; and
(g)
(e)
shall indicate the right to the appointment of counsel for a party whom the court 
determines is indigent and at risk of losing the party's parental rights.
(6)
(a)
A person who has been served with notice of an adoption proceeding and who 
wishes to contest the adoption shall file a motion to intervene in the adoption 
proceeding:
(i)
within 30 days after the day on which the person was served with notice of the 
adoption proceeding;
(ii)
setting forth specific relief sought; and
(iii)
accompanied by a memorandum specifying the factual and legal grounds upon 
which the motion is based.
(b)
A person who fails to fully and strictly comply with all of the requirements described 
in Subsection 
(6)(a)
 within 30 days after the day on which the person was served with 
notice of the adoption proceeding:
(i)
waives any right to further notice in connection with the adoption;
(ii)
forfeits all rights in relation to the adoptee; and
(iii)
is barred from thereafter bringing or maintaining any action to assert any interest 
in the adoptee.
(7)
Service of notice under this section shall be made as follows:
(a)
(i)
Subject to Subsection 
(5)(e)
, service on
(5)(c), the petitioner shall serve
 a 
person whose consent is necessary under Section 
78B-6-120
 or 
78B-6-121
 shall 
be
81-13-212
 or 
81-13-213
 in accordance with 
the provisions of 
the Utah Rules 
of Civil Procedure.
(ii)
If service of a person described in Subsection 
(7)(a)(i)
 is by publication, the court 
shall designate the content of the notice regarding the identity of the parties.
(iii)
The notice described in this Subsection 
(7)(a)
 may not include the name of a 
person seeking to adopt the adoptee.
(b)
(i)
Except as provided in Subsection 
(7)(b)(ii)
 to any other person for whom notice 
is required under this section, service by certified mail, return receipt requested, is 
sufficient.
(ii)
If the service described in Subsection 
(7)(b)(i)
 cannot be completed after two 
attempts, the court may issue an order providing for service by publication, 
posting, or by any other manner of service.
(c)
Notice to 
a person
an individual,
 who has initiated a 
paternity
parentage
proceeding and filed notice of that action with the 
state registrar of vital statistics in 
the Department of Health and Human Services
office
 in accordance with the 
requirements of Subsection 
(3)
, shall be served by certified mail, return receipt 
requested, at the last address filed with the 
registrar
office
.
(8)
The notice required by this section may be waived in writing by the person entitled to 
receive notice.
(9)
Proof of service of notice on all persons for whom notice is required by this section 
shall be filed with the court before the final dispositional hearing on the adoption.
(10)
Notwithstanding any other provision of law, neither the notice of an adoption 
proceeding nor any process in that proceeding is required to contain the name of the 
person or persons seeking to adopt the 
child 
adoptee.
(11)
Except as to those persons whose consent to an adoption is required under Section 
78B-6-120
 or 
78B-6-121
81-13-212
 or 
81-13-213
, the sole purpose of notice under this 
section is to enable the person served to:
(a)
intervene in the adoption; and
(b)
present evidence to the court relevant to the best interest of the child
 adoptee
.
Section 341, Section 
81-13-208
, which is renumbered from Section 78B-6-110.1 is renumbered 
and amended to read:
78B-6-110.1
81-13-208
. Prebirth notice to birth father of intent to place a 
minor child for adoption.
(1)
As used in this section, "birth father" means:
(a)
a potential 
biological
birth
 father; or
(b)
an unmarried biological father.
(2)
Before the birth of a 
minor 
child, the following 
individuals
persons
 may notify a birth 
father of the 
minor 
child that the 
birth 
mother of the 
minor 
child is considering an 
adoptive placement for the 
minor 
child:
(a)
the 
minor 
child's 
birth 
mother;
(b)
a licensed child-placing agency;
(c)
an attorney representing a prospective adoptive parent of the 
minor 
child; or
(d)
an attorney representing the 
birth 
mother of the 
minor 
child.
(3)
Providing a birth father with notice under Subsection 
(2)
 does not obligate the 
birth 
mother of the 
minor 
child to proceed with an adoptive placement of the 
minor 
child.
(4)
The notice described in Subsection 
(2)
 shall include the name, address, and telephone 
number of the person providing the notice
, and shall include
 and
 the following 
information:
(a)
the 
birth 
mother's intent to place the 
minor 
child for adoption;
(b)
that the 
birth 
mother has named the person receiving this notice as a potential birth 
father of 
her child
the minor child
;
(c)
the requirements to contest the adoption, including taking the following steps within 
30 days after the day on which the notice is served:
(i)
initiating proceedings to establish or assert paternity in a 
district court of Utah
court with jurisdiction under Title 78A, Judiciary and Judicial Administration,
within 30 days after the day on which notice is served, including filing an affidavit 
stating:
(A)
that the birth father is fully able and willing to have full custody of the 
minor 
child;
(B)
the birth father's plans to care for the 
minor 
child; and
(C)
that the birth father agrees to pay for child support and expenses incurred in 
connection with the pregnancy and birth
 of the minor child
; and
(ii)
filing a notice of commencement of 
paternity
parentage
 proceedings with the 
state registrar of vital statistics within the Utah Department of Health
office
;
(d)
the consequences for failure to comply with Subsection 
(4)(c)
, including that:
(i)
the birth father's ability to assert the right, if any, to consent or refuse to consent to 
the adoption is irrevocably lost;
(ii)
the birth father will lose the ability to assert the right to contest any future 
adoption of the 
minor 
child; and
(iii)
the birth father will lose the right, if any, to notice of any adoption proceedings 
related to the 
minor 
child;
(e)
that the birth father may consent to the adoption, if any, within 30 days after the day 
on which the notice is received, and that 
his
the birth father's
 consent is irrevocable; 
and
(f)
that no communication between the 
birth 
mother of the
 minor
 child and the birth 
father changes the rights and responsibilities of the birth father described in the notice.
(5)
If 
the recipient of the notice described in Subsection 
(2)
a birth father
 does not fully 
and strictly comply with the requirements of Subsection 
(4)(c)
 within 30 days after the 
day on which 
he
the birth father
 receives the notice, 
he
the birth father
 will lose:
(a)
the ability to assert the right to consent or refuse to consent to an adoption of the 
minor 
child described in the notice;
(b)
the ability to assert the right to contest any future adoption of the 
minor 
child 
described in the notice; and
(c)
the right to notice of any adoption proceedings relating to the 
minor 
child described 
in the notice.
(6)
If 
an individual
a person
 described in Subsection 
(2)
 chooses to notify a birth father 
under this section, the notice shall be served on a birth father in a manner consistent with 
the Utah Rules of Civil Procedure or by certified mail.
Section 342, Section 
81-13-209
, which is renumbered from Section 78B-6-110.5 is renumbered 
and amended to read:
78B-6-110.5
81-13-209
. Declaration regarding each potential birth father for 
out-of-state birth mother and adoptive parents-- Putative father registry -- Notice to 
potential birth father.
(1)
The procedural and substantive requirements of this section 
shall be
are
 required 
only to the extent that 
they
the requirements
 do not exceed the requirements of the state 
of conception or the birth mother's state of residence.
(1)
(a)
For a child who is six months of age or less at the time the child is placed with 
prospective adoptive parents, the birth mother shall sign, and the adoptive parents 
shall file with the court, a declaration regarding each potential birth father, in 
accordance with this section, before or at the time a petition for adoption is filed with 
the court, if, at any point during the time period beginning at the conception of the 
child and ending at the time the mother executes consent to adoption or 
relinquishment of the child for adoption, neither the birth mother nor at least one of 
the adoptive parents has resided in the state for 90 total days or more, as described in 
Subsection 
(1)(c)
.
(2)
(a)
For a child adoptee who is six months old or younger at the time that the child 
adoptee is placed with the prospective adoptive parents and subject to the rights of a 
birth mother described in Subsection 
81-13-202(7)
, the birth mother shall sign, and 
the prospective adoptive parents shall file with the court, a declaration regarding each 
potential birth father before or at the time a petition for adoption is filed with the 
court.
(b)
A declaration is not required under Subsection 
(2)(a)
 if the birth mother or one of the 
adoptive parents has resided in the state for 90 total days or more at any point during 
the time period beginning at the conception of the child adoptee and ending at the 
time that the birth mother executes consent to the adoption or relinquishment of the 
child adoptee for adoption.
(b)
(3)
The child-placing agency or prospective adoptive parents shall search the putative 
father registry of each state where the birth mother believes the child
 adoptee
 may have 
been conceived and each state where the birth mother lived during her pregnancy, if the 
state has a putative father registry, to determine whether a potential birth father 
registered with the state's putative father registry.
(c)
(4)
In determining whether the 90-day requirement
 described in Subsection 
(2)
 is 
satisfied, the following apply:
(i)
(a)
the 90 days are not required to be consecutive;
(ii)
(b)
no absence from the state may be for more than seven consecutive days;
(iii)
(c)
any day on which the individual is absent from the state does not count toward 
the total 90-day period; and
(iv)
(d)
the 90-day period begins and ends during a period that is no more than 120 
consecutive days.
(2)
(5)
The declaration filed under Subsection 
(1)
(2)
 regarding a potential birth father 
shall include, for each potential birth father, the following information:
(a)
if known, the potential birth father's name, date of birth, social security number, and 
address;
(b)
with regard to a state's putative father registry in each state described in Subsection 
(1)(b)
(3)
:
(i)
whether the state has a putative father registry; and
(ii)
for each state that has a putative father registry, with the declaration, a certificate 
or written statement from the state's putative father registry that a search of the 
state's putative father registry was made and disclosing the results of the search;
(c)
whether the potential birth father was notified of:
(i)
the birth mother's pregnancy;
(ii)
the fact that he is a potential birth father; or
(iii)
the fact that the birth mother intends to consent to adoption or relinquishment of 
the child
 adoptee
 for adoption
,
 in Utah;
(d)
each state where the birth mother lived during the pregnancy;
(e)
if known, the state in which the child
 adoptee
 was conceived;
(f)
whether the birth mother informed the potential birth father that she was traveling to 
or planning to reside in Utah;
(g)
whether the birth mother has contacted the potential birth father while she was 
located in Utah;
(h)
whether, and for how long, the potential birth father has ever lived with the child
adoptee
;
(i)
whether the potential birth father has given the birth mother money or offered to pay 
for any of 
her
the birth mother's
 expenses during pregnancy or the 
child's
child 
adoptee's
 birth;
(j)
whether the potential birth father has offered to pay child support;
(k)
if known, whether the potential birth father has taken any legal action to establish 
paternity of the child
 adoptee
, either in Utah or in any other state, and, if known, 
what action 
he
the potential birth father
 has taken; and
(l)
whether the birth mother has ever been involved in a domestic violence matter with 
the potential birth father.
(3)
(6)
Except as provided in Subsection 
(5)
(8)
, based on the declaration regarding the 
potential birth father, the court shall order the birth mother to serve a potential birth 
father notice that she intends to consent or has consented to adoption or relinquishment 
of the child
 adoptee
 for adoption, if the court finds that the potential birth father:
(a)
has taken sufficient action to demonstrate an interest in the child
 adoptee
;
(b)
has taken sufficient action to attempt to preserve 
his
the potential birth father's
 legal 
rights as a birth father, including by filing a legal action to establish 
paternity
parentage
 or filing with a state's putative father registry; or
(c)
does not know, and does not have a reason to know, that:
(i)
the mother or child
 adoptee
 are present in Utah;
(ii)
the mother intended to give birth to the child
 adoptee
 in Utah;
(iii)
the child
 adoptee
 was born in Utah; or
(iv)
the mother intends to consent to adoption or relinquishment of the child
 adoptee
for adoption in Utah.
(4)
(7)
Notice under this section shall be made in accordance with Subsections 
78B-6-110(7)
 through 
(11)
.
81-13-207(7)
 through (11).
(5)
(8)
A court may only order the notice requirements in Subsection 
(3)
(6)
 to the extent 
that they do not exceed the notice requirements of:
(a)
the state of conception; or
(b)
the birth mother's state of residence.
Section 343, Section 
81-13-210
, which is renumbered from Section 78B-6-134 is renumbered 
and amended to read:
78B-6-134
81-13-210
. Custody pending final decree.
(1)
(a)
A licensed child-placing agency, or a petitioner if the petition for adoption is 
filed before a child's birth, may seek an order establishing that the agency or 
petitioner shall have temporary custody of the child from the time of birth.
(b)
The court shall grant an order for temporary custody under Subsection 
(1)(a)
 upon 
determining that:
(i)
the birth mother or both birth parents consent to the order;
(ii)
the agency or petitioner is willing and able to take custody of the child; and
(iii)
an order will be in the best interest of the child.
(c)
The court shall vacate an order if, prior to the child's birth, the birth mother or birth 
parents withdraw their consent.
(2)
(1)
Except as otherwise provided by the court, once a petitioner has received the 
adoptee into 
his
the petitioner's
 home and a petition for adoption has been filed, the 
petitioner is entitled to the custody and control of the 
child 
adoptee and is responsible 
for the care, maintenance, and support of the adoptee, including any necessary medical 
or surgical treatment, pending further order of the court.
(3)
(2)
(a)
Once 
a child
a child adoptee
 has been placed with, relinquished to, or 
ordered into the custody of a child-placing agency for purposes of adoption, the 
agency shall have custody and control of the child
 adoptee
 and is responsible for 
his
the child adoptee's
 care, maintenance, and support. 
(b)
The
Subject to Subsection 
(3)(c)
, the child-placing
 agency may delegate the 
responsibility for care, maintenance, and support, including any necessary medical or 
surgical treatment, to the petitioner once the petitioner has received the 
child into his 
home. However, until
child adoptee into the petitioner's home, including a 
temporary place of abode for the petitioner.
(c)
Until
 the final decree of adoption is entered by the court, the 
child-placing 
agency 
has the right to the custody and control of the child
 adoptee
.
(3)
(a)
A licensed child-placing agency, or a petitioner if the petition of adoption is filed 
before a child adoptee's birth, may seek an order establishing that the child-placing 
agency or petitioner shall have temporary custody of the child adoptee from the time 
of the child adoptee's birth.
(b)
The court shall grant an order for temporary custody under Subsection 
(3)(a)
 upon 
determining that:
(i)
the birth mother or both birth parents consent to the order;
(ii)
the child-placing agency or petitioner is willing and able to take custody of the 
child adoptee; and
(iii)
an order will be in the best interest of the child adoptee.
(c)
The court shall vacate an order if, before the child adoptee's birth, the birth mother or 
both birth parents withdraw consent to the order.
Section 344, Section 
81-13-211
, which is renumbered from Section 78B-6-119 is renumbered 
and amended to read:
78B-6-119
81-13-211
. Counseling for parents.
(1)
As used in this section, "parent" means a person described in Subsections 
81-13-212(1)(b)
 through (f) for whom the consent or relinquishment of a minor child for 
the adoption is required.
(1)
(2)
Subject to Subsection 
(2)(a)
(3)(a)
, before relinquishing a 
minor 
child to a 
child-placing agency, or consenting to the adoption of a child
 adoptee
, a parent of the 
child
 adoptee
 has the right to participate in, or elect to participate in, counseling:
(a)
by a licensed counselor or an adoption service provider selected by the parent 
participating in the counseling;
(b)
for up to three sessions of at least 50 minutes per session completed 
prior to
before
relinquishing a child
 adoptee
 or within 
three months
120 days
 following the 
relinquishment of a child
 adoptee
; and
(c)
subject to Subsection 
(2)(b)
(3)(b)
, at the expense of the:
(i)
child-placing agency; or
(ii)
prospective adoptive parents.
(2)
(3)
(a)
Notwithstanding Subsection 
(1)
(2)
, a parent who has the right to participate 
in the counseling 
described in this section
under Subsection (2)
 may waive that right.
(b)
Notwithstanding Subsection 
(1)(c)
(2)(c)
, the total amount required to be paid by a 
child-placing agency or the prospective adoptive parents for the counseling described 
in Subsection 
(1)
(2)
 may not exceed $400, unless an agreement for a greater 
amount is signed by:
(i)
the parent who receives the counseling; and
(ii)
the child-placing agency or prospective adoptive parents.
(3)
(4)
Before a parent relinquishes a child
 adoptee
 to a child-placing agency, or consents 
to the adoption of a child
 adoptee
, the parent shall be informed of the right described in 
Subsection (1) by the:
(a)
child-placing agency;
(b)
prospective adoptive parents; or
(c)
representative of a person described in Subsection 
(3)(a)
(4)(a)
 or (b).
(4)
(5)
If the parent who is entitled to the counseling as described in Subsection (1) elects 
to attend one or more counseling sessions following the relinquishment of a child
adoptee
:
(a)
the parent of the child
 adoptee
 shall inform the child-placing agency or prospective 
adoptive parents of this election prior to relinquishing the child
 adoptee
 to a 
child-placing agency or consenting to the adoption of the child
 adoptee
; and
(b)
the parent of the child
 adoptee
 and the child-placing agency or attorney representing 
a prospective adoptive parent of the child
 adoptee
 shall enter into an agreement to 
pay for the counseling in accordance with this section.
(5)
(6)
(a)
Subject to Subsections 
(3)(b)
(4)(b)
 and (c), before the day on which a final 
decree of adoption is entered, a statement shall be filed with the court that:
(i)
is signed by each parent who:
(A)
relinquishes the parent's parental rights; or
(B)
consents to the adoption; and
(ii)
states that, before the parent took the action described in Subsection 
(5)(a)(i)(A)
(6)(a)(i)(A)
 or (B), the parent was advised of the parent's right to participate in the 
counseling described in this section at the expense of the:
(A)
child-placing agency; or
(B)
prospective adoptive parents.
(b)
The statement described in Subsection 
(5)(a)
(6)(a)
 may be included in the 
document that:
(i)
relinquishes the parent's parental rights; or
(ii)
consents to the adoption.
(c)
Failure by a person to give the notice described in Subsection 
(3)
(4)
, or pay for the 
counseling described in this section:
(i)
shall not constitute grounds for invalidating a:
(A)
relinquishment of parental rights; or
(B)
consent to adoption; and
(ii)
shall give rise to a cause of action for the recovery of damages suffered, if any, by 
the parent or guardian who took the action described in Subsection 
(5)(c)(i)(A)
(6)(c)(i)(A)
 or (B) against the person required to:
(A)
give the notice described in Subsection 
(3)
(4)
; or
(B)
pay for the counseling described in this section.
Section 345, Section 
81-13-212
, which is renumbered from Section 78B-6-120 is renumbered 
and amended to read:
78B-6-120
81-13-212
. Necessary consent to adoption or relinquishment for 
adoption of a minor child -- Implied consent.
(1)
Except as provided in Subsection 
(2), consent to adoption of a child, or relinquishment 
of a child for adoption, is required from
(2), the following persons are required to 
consent to an adoption of a minor child, or to relinquishment of a minor child, before an 
adoption of the minor child is granted
:
(a)
the adoptee, if the adoptee is more than 12 years old,
if the child adoptee is 12 years 
old or older, the child adoptee
 unless the 
child 
adoptee does not have the mental 
capacity to consent;
(b)
a man or woman who:
(i)
by operation of law under Section 
78B-15-204
81-5-204
, is recognized as the 
father or mother of the proposed adoptee, unless:
(A)
the presumption is rebutted under Section 
78B-15-607
81-5-607
; 
(B)
at the time of the marriage, the man or woman knew or reasonably should 
have known that the marriage to the mother of the proposed 
child 
adoptee was 
or could be declared invalid; or
(C)
the man or woman was not married to the mother of the proposed 
child 
adoptee until after the mother consented to adoption, or relinquishment for 
adoption, of the proposed 
child 
adoptee; or
(ii)
is the 
father
parent
 of the 
child 
adoptee by a previous legal adoption;
(c)
the
 birth
 mother of the 
child 
adoptee;
(d)
a biological parent
an individual
 who has been adjudicated to be the 
child's 
biological father by a court of competent jurisdiction prior to the 
child adoptee's 
parent by a court with jurisdiction before the birth 
mother's execution of consent to 
adoption or 
her
the birth mother's
 relinquishment of the child
 adoptee
 for adoption;
(e)
consistent with Subsection (3), 
a biological parent
an individual
 who has executed 
and filed a voluntary declaration of paternity with the 
state registrar of vital statistics 
within the Department of Health in accordance with Title 78B, Chapter 15, Utah 
Uniform Parentage Act, prior to the
office in accordance with Chapter 5, Uniform 
Parentage Act, before the birth
 mother's execution of consent to adoption or 
her
the 
birth mother's
 relinquishment of the child
 adoptee
 for adoption;
(f)
an unmarried biological father
, of an
 of the child
 adoptee, whose consent is not 
required under Subsection (1)(d) or (1)(e), 
only if he
only if the unmarried 
biological father
 fully and strictly complies with the requirements of 
Sections 
78B-6-121
 and 
78B-6-122
Section 
81-13-213
; and
(g)
the person or agency to whom an adoptee has been relinquished and that is placing 
the child
 adoptee
 for adoption.
(2)
(a)
The consent of a person described in Subsections (1)(b) through (g) is not 
required if the adoptee is 18 years old or older.
(b)
The consent
 or relinquishment
 of 
a person
an individual
 described in Subsections 
(1)(b) through (f)
(1)(b) through (f)
 is not required if the 
person's
individual's
parental rights relating to the 
child 
adoptee have been terminated
 by a court
.
(3)
For purposes of Subsection (1)(e), a voluntary declaration of paternity is considered 
filed when 
it
the voluntary declaration
 is entered into a database that:
(a)
can be accessed by the Department of Health and Human Services; and
(b)
is designated by the 
state registrar of vital statistics
office
 as the official database for 
voluntary declarations of paternity.
(4)
(a)
Except as provided in Subsection 
(4)(b)
, a person described in Subsection 
(1)
 may 
execute a consent or relinquishment at any time, including before the birth of the 
child adoptee.
(b)
A birth mother may not consent to the adoption of the child adoptee, or relinquish 
control or custody of the child adoptee, until at least 24 hours after the birth of the 
child adoptee.
(c)
A child adoptee may not execute a consent to an adoption until the child adoptee is at 
least 12 years old.
(5)
(a)
A birth parent who is younger than 18 years old has the power to:
(i)
consent to the adoption of the birth parent's minor child; and
(ii)
relinquish the birth parent's control or custody of the minor child for adoption.
(b)
The consent or relinquishment described in Subsection 
(5)(a)
 is valid and has the 
same force and effect as a consent or relinquishment executed by a birth parent who 
is an adult.
(c)
A birth parent, who is younger than 18 years old and has executed a consent or 
relinquishment, cannot revoke that consent or relinquishment upon reaching 18 years 
old or otherwise becoming emancipated.
(6)
A consent or relinquishment is effective when the consent or relinquishment is signed 
and may not be revoked.
(7)
(a)
As used in this Subsection 
(7)
:
(i)
"Abandonment" means failure of a birth parent, with reasonable knowledge of the 
pregnancy, to offer and provide financial and emotional support to the birth 
mother for a period of 180 days before the day on which the child adoptee is born.
(ii)
"Emotional support" means a pattern of statements or actions that indicate to a 
reasonable person that a birth parent intends to provide for the physical and 
emotional well-being of an unborn child adoptee.
(b)
A consent or relinquishment required by Subsection 
(1)
 may be implied by any of 
the following acts:
(i)
abandonment;
(ii)
leaving the child adoptee with a third party for 30 consecutive days without 
providing the third party with the birth parent's identification;
(iii)
knowingly leaving the child adoptee with another person for 180 consecutive 
days without providing for support, communicating, or otherwise maintaining a 
substantial relationship with the child adoptee; or
(iv)
receiving notification of a pending adoption proceeding as described in Section 
81-13-207
, or of a termination proceeding described in Section 
81-13-205
, and 
failing to respond as required.
(c)
For purposes of this Subsection 
(7)
, a court may not:
(i)
determine that a birth parent abandoned the birth mother if the birth parent failed 
to provide financial or emotional support because the birth mother refused to 
accept support; or
(ii)
find that the birth parent failed to provide emotional support if the individual's 
failure was due to impossibility of performance.
(d)
Implied consent under this Subsection 
(7)
 may not be withdrawn.
(e)
Nothing in this Subsection 
(7)
 negates the requirements of Section 
81-13-213
 for an 
unmarried biological father.
Section 346, Section 
81-13-213
, which is renumbered from Section 78B-6-121 is renumbered 
and amended to read:
78B-6-121
81-13-213
. Consent of unmarried biological father.
(1)
As used in this section, "qualifying circumstance" means that, at any point during the 
time period beginning at the conception of the child adoptee and ending at the time that 
the birth mother executes a consent to adoption or relinquishment of the child adoptee 
for adoption:
(a)
the child adoptee or the child adoptee's birth mother resided on a permanent basis, or 
a temporary basis of no less than 30 consecutive days, in the state;
(b)
the birth mother intended to give birth to the child adoptee in the state;
(c)
the child adoptee was born in the state; or
(d)
the birth mother intended to execute a consent to adoption or relinquishment of the 
child adoptee for adoption in the state or under the laws of the state.
(1)
(2)
Except as provided in 
Subsections (2)(a) and 
78B-6-122
(1)
Subsections 
(3)
(a) and 
(8)
, and subject to Subsections 
(5) and (6), with regard to a child who is placed with 
prospective adoptive parents more than six months after birth,
(6) and (7), the
 consent of 
an unmarried biological father
 to the adoption of a child adoptee, who is placed with 
prospective adoptive parents more than 180 days after birth,
 is not required unless the 
unmarried biological father:
(a)
(i)
developed a substantial relationship with the child
 adoptee
 by:
(A)
visiting the child
 adoptee
 monthly, unless the unmarried biological father was 
physically or financially unable to visit the child
 adoptee
 on a monthly basis; or
(B)
engaging in regular communication with the child
 adoptee
 or with the person 
or authorized agency that has lawful custody of the child
 adoptee
;
(ii)
took some measure of responsibility for the child
 adoptee
 and the 
child's
child 
adoptee's
 future; and
(iii)
demonstrated a full commitment to the responsibilities of parenthood by 
financial support of the child
 adoptee
 of a fair and reasonable sum in accordance 
with the 
unmarried biological 
father's ability; or
(b)
(i)
if the child adoptee is younger than one year old, openly lived with the child 
adoptee immediately preceding placement of the child adoptee with the 
prospective adoptive parents for a period of at least 180 days during the period of 
time beginning on the day on which the child adoptee is born and ending on the 
day on which the child adoptee is placed with prospective adoptive parents;
(ii)
if the child adoptee is one year old or older, openly lived with the child adoptee 
immediately preceding placement of the child adoptee with the prospective 
adoptive parents for a period of at least 180 days during the one-year period 
immediately preceding the day on which the child adoptee is placed with 
prospective adoptive parents; or
(iii)
openly held himself out to be the father of the child adoptee during the 180-day 
period described in Subsection 
(2)(b)(i)
 or (ii).
(b)
(i)
openly lived with the child:
(A)
(I)
if the child is one year old or older, for a period of at least six months 
during the one-year period immediately preceding the day on which the 
child is placed with prospective adoptive parents; or
(II)
if the child is less than one year old, for a period of at least six months 
during the period of time beginning on the day on which the child is born 
and ending on the day on which the child is placed with prospective 
adoptive parents; and
(B)
immediately preceding placement of the child with prospective adoptive 
parents; and
(ii)
openly held himself out to be the father of the child during the six-month period 
described in Subsection (1)(b)(i)(A).
(2)
(3)
(a)
If an unmarried biological father was prevented from complying with 
a 
requirement of Subsection (1)
a requirement described in Subsection (2)
 by the 
person or authorized agency having lawful custody of the child
 adoptee
, the 
unmarried biological father is not required to comply with that requirement.
(b)
The subjective intent of an unmarried biological father, whether expressed or 
otherwise, that is unsupported by evidence that the requirements in Subsection 
(1)
(2)
 have been met, shall not preclude a determination that the 
unmarried biological 
father failed to meet the requirements of Subsection 
(1)
(2)
.
(3)
(4)
Except as provided in 
Subsections (6) and 
78B-6-122
(1)
Subsections 
(7)
 and (8)
, 
and subject to Subsection 
(5), with regard to a child who is six months old or less at the 
time the child is placed with prospective adoptive parents,
(6), the
 consent of an 
unmarried biological father
 to the adoption of a child adoptee, who is 180 days old or 
younger at the time that the child adoptee is placed with the prospective adoptive parents,
is not required unless, 
prior to the time the mother executes her
before the time that the 
birth mother executes the birth mother's
 consent for adoption or relinquishes the child
adoptee
 for adoption, the unmarried biological father:
(a)
initiates proceedings in 
a district court of Utah to establish paternity under Title 
78B, Chapter 15, Utah Uniform Parentage Act
a court with jurisdiction under Title 
78A, Judiciary and Judicial Administration, to establish parentage under Chapter 5, 
Uniform Parentage Act
;
(b)
files with the court that is presiding over the 
paternity
parentage
 proceeding a sworn 
affidavit:
(i)
stating that 
he
the unmarried biological father
 is fully able and willing to have 
full custody of the child
 adoptee
;
(ii)
setting forth 
his
the unmarried biological father's
 plans for care of the child
adoptee
; and
(iii)
agreeing to a court order of child support and the payment of expenses incurred 
in connection with the 
birth 
mother's pregnancy and the 
child's
child adoptee's
birth;
(c)
consistent with Subsection 
(4)
(5)
, files notice of the commencement of 
paternity 
proceedings,
parentage proceedings
 described in Subsection 
(3)(a)
(4)(a)
, with the 
state registrar of vital statistics within the Department of Health and Human Services,
office
 in a confidential registry established by the 
department
office
 for that 
purpose; and
(d)
offered to pay and paid, during the pregnancy and after the 
child's
child adoptee's
birth, a fair and reasonable amount of the expenses incurred in connection with the 
birth 
mother's pregnancy and the 
child's
child adoptee's
 birth, in accordance with 
his
the unmarried biological father's
 financial ability, unless:
(i)
he
the unmarried biological father
 did not have actual knowledge of the 
pregnancy;
(ii)
he
the unmarried biological father
 was prevented from paying the expenses by 
the person or authorized agency having lawful custody of the child
 adoptee
; or
(iii)
the 
birth 
mother refused to accept the unmarried biological father's offer to pay 
the expenses described in this Subsection 
(3)(d)
(4)(d)
.
(4)
(5)
(a)
The notice described in Subsection 
(3)(c)
(4)(c)
 is considered filed when 
received by the 
state registrar of vital statistics
office
.
(b)
If the unmarried biological father fully complies with the requirements of Subsection 
(3)
(4)
, and an adoption of the child
 adoptee
 is not completed, the unmarried 
biological father shall, without any order of the court, be legally obligated for a 
reasonable amount of child support, pregnancy expenses, and child birth expenses, in 
accordance with 
his
the unmarried biological father's
 financial ability.
(5)
(6)
Unless 
his
the unmarried biological father's
 ability to assert the right to consent 
has been lost for failure to comply with Section 
78B-6-110.1
81-13-208
, or lost under 
another provision of Utah law, an unmarried biological father shall have at least one 
business day after the 
child's
child adoptee's
 birth to fully and strictly comply with the 
requirements of Subsection 
(3)
(4)
.
(6)
(7)
Consent
The consent
 of an unmarried biological father
 to the adoption of a child 
adoptee
 is not required under this section if:
(a)
the court determines, in accordance with the requirements and procedures of Title 80, 
Chapter 4, Termination and Restoration of Parental Rights, that the unmarried 
biological father's rights should be terminated, based on the petition of any interested 
party;
(b)
(i)
a 
voluntary 
declaration of paternity declaring the unmarried biological father to 
be the father of the child
 adoptee
 is rescinded under Section 
78B-15-306
81-5-306
; 
and
(ii)
the unmarried biological father fails to comply with Subsection 
(3)
(4)
 within 10 
business days after the day that notice of the rescission described in Subsection 
(6)(b)(i)
(7)(b)(i)
 is mailed by the 
Office of Vital Records within the Department 
of Health and Human Services
office
 as provided in Section 
78B-15-306
81-5-306
; or
(c)
the unmarried biological father is notified under Section 
78B-6-110.1
81-13-208
and fails to preserve 
his
the unmarried biological father's
 rights in accordance with 
the requirements of 
that section
Section 
81-13-208
.
(8)
Notwithstanding Subsections 
(2)
 and (4), the consent of an unmarried biological father 
to the adoption of a child adoptee is required if:
(a)
(i)
the unmarried biological father did not know, and through the exercise of 
reasonable diligence could not have known, before the time the birth mother 
executed a consent to adoption or relinquishment of the child adoptee for adoption 
that a qualifying circumstance existed;
(ii)
before the birth mother executed a consent to adoption or relinquishment of the 
child adoptee for adoption, the unmarried biological father fully complied with the 
requirements to establish parental rights and duties in the child adoptee, and to 
preserve the right to notice of a proceeding in connection with the adoption of the 
child adoptee, imposed by:
(A)
the last state where the unmarried biological father knew, or through the 
exercise of reasonable diligence should have known, that the birth mother 
resided in before the birth mother executed the consent to adoption or 
relinquishment of the child adoptee for adoption; or
(B)
the state where the child adoptee was conceived; and
(iii)
the unmarried biological father has demonstrated, based on the totality of the 
circumstances, a full commitment to the unmarried biological father's parental 
responsibilities as described in Subsection (9); or
(b)
(i)
the unmarried biological father knew, or through the exercise of reasonable 
diligence should have known, before the time the birth mother executed a consent 
to adoption or relinquishment of the child adoptee for adoption that a qualifying 
circumstance existed; and
(ii)
the unmarried biological father complied with the requirements of Subsections 
(2)
through (7) before the later of:
(A)
20 days after the day that the unmarried biological father knew, or through the 
exercise of reasonable diligence should have known, that a qualifying 
circumstance existed; or
(B)
the time that the birth mother executed a consent to adoption or 
relinquishment of the child adoptee for adoption.
(9)
When determining whether an unmarried biological father has demonstrated a full 
commitment to the unmarried biological father's parental responsibilities for purposes of 
Subsection (8)(a)(iii), a court shall consider the totality of the circumstances, including, 
if applicable:
(a)
the efforts the unmarried biological father has taken to discover the location of the 
child adoptee or the child adoptee's birth mother;
(b)
whether the unmarried biological father has expressed and demonstrated an interest 
in taking responsibility for the child adoptee;
(c)
whether, and to what extent, the unmarried biological father has developed, or 
attempted to develop, a relationship with the child adoptee;
(d)
whether the unmarried biological father offered to provide and, unless the offer was 
rejected, did provide, financial support for the child adoptee or the child adoptee's 
birth mother;
(e)
whether, and to what extent, the unmarried biological father has communicated, or 
attempted to communicate, with the child adoptee or the child adoptee's birth mother;
(f)
whether the unmarried biological father has timely filed legal proceedings to 
establish the unmarried biological father's parentage of, and take responsibility for, 
the child adoptee; and
(g)
whether the unmarried biological father has timely filed a notice with a public 
official or agency relating to:
(i)
the unmarried biological father's parentage of the child adoptee;
(ii)
legal proceedings to establish the unmarried biological father's parentage of the 
child adoptee; or
(iii)
other evidence that shows whether the unmarried biological father has 
demonstrated a full commitment to the unmarried biological father's parental 
responsibilities.
(10)
An unmarried biological father who does not fully and strictly comply with the 
requirements of this section is considered to have waived and surrendered any right in 
relation to the child adoptee, including the right to:
(a)
notice of any judicial proceeding in connection with the adoption of the child 
adoptee; and
(b)
consent, or refuse to consent, to the adoption of the child adoptee.
(11)
Notwithstanding any other provision of this section, the consent of an unmarried 
biological father is not required in a case where it is shown that the child adoptee was 
conceived as a result of conduct that constitutes a sexual offense, regardless of whether 
the unmarried biological father is formally charged with or convicted of the sexual 
offense.
(7)
(12)
Unless the 
child 
adoptee is conceived or born within a marriage, the petitioner in 
an adoption proceeding shall, 
prior to
before
 entrance of a final decree of adoption, file 
with the court a certificate from the 
state registrar of vital statistics within the 
Department of Health and Human Services
office
, stating:
(a)
that a diligent search has been made of the registry of notices from unmarried 
biological fathers described in Subsection 
(3)(d)
(4)(c)
; and
(b)
(i)
that no filing has been found pertaining to the 
unmarried biological 
father of 
the child
 adoptee
 in question; or
(ii)
if a filing is found, the name of the 
putative
unmarried biological
 father and the 
time and date of filing.
(13)
Unless an individual who is an unmarried biological father has fully and strictly 
complied with the requirements of this section and Section 
81-13-212
, an out-of-state 
order that adjudicates parentage, or an out-of-state declaration or acknowledgment of 
paternity:
(a)
only has the effect of establishing that the individual is an unmarried biological 
father of the child adoptee to whom the order, declaration, or acknowledgment 
relates; and
(b)
does not entitle the individual to:
(i)
notice of any judicial proceeding related to the adoption of the child adoptee;
(ii)
the right to consent, or refuse to consent, to the adoption of the child adoptee; or
(iii)
the right to custody of, control over, or visitation with the child adoptee.
Section 347, Section 
81-13-214
, which is renumbered from Section 78B-6-124 is renumbered 
and amended to read:
78B-6-124
81-13-214
. Persons who may take consents and relinquishments.
(1)
A consent or relinquishment by a birth mother or an adoptee shall be signed before
A 
birth mother shall sign a consent or relinquishment, or a child adoptee shall sign a 
consent, before
:
(a)
a judge of any court that has jurisdiction over adoption proceedings;
(b)
subject to Subsection 
(6)
, a person appointed by the judge described in Subsection 
(1)(a)
 to take consents or relinquishments; or
(c)
subject to Subsection 
(6)
, a person who is authorized by a child-placing agency to 
take consents or relinquishments
,
 if the consent or relinquishment grants legal 
custody of the child
 adoptee
 to a child-placing agency or an extra-jurisdictional 
child-placing agency.
(2)
If the consent or relinquishment of a birth mother or 
child 
adoptee is taken out of state
it shall be signed
, the birth mother or child adoptee shall sign the consent or 
relinquishment
 before:
(a)
subject to Subsection 
(6)
, a person who is authorized by a child-placing agency to 
take consents or relinquishments
,
 if the consent or relinquishment grants legal 
custody of the child
 adoptee
 to a child-placing agency or an extra-jurisdictional 
child-placing agency;
(b)
subject to Subsection 
(6)
, a person authorized or appointed to take consents or 
relinquishments by a court of this state that has jurisdiction over adoption 
proceedings;
(c)
a court that has jurisdiction over adoption proceedings in the state where the consent 
or relinquishment is taken; or
(d)
a person authorized
, under the laws of the state where the consent or relinquishment 
is taken,
 to take consents or relinquishments of a birth mother or 
child 
adoptee
 under 
the laws of the state where the consent or relinquishment is taken
.
(3)
The
A person described in Subsection 
81-13-211(1)
 that is not the birth mother or the 
child adoptee may sign a
 consent or relinquishment 
of any other person or agency as 
required by Section 
78B-6-120
 may be signed before a Notary Public
before a notary 
public
 or any person authorized to take a consent or relinquishment under Subsection 
(1)
or 
(2)
.
(4)
A person, authorized by Subsection 
(1)
 or 
(2)
 to take consents or relinquishments, shall 
certify to the best of 
his
the person's
 information and belief that the person executing 
the consent or relinquishment has read and understands the consent or relinquishment 
and has signed 
it
the consent or relinquishment
 freely and voluntarily.
(5)
A person executing a consent or relinquishment is entitled to receive a copy of the 
consent or relinquishment.
(6)
A signature described in Subsection 
(1)(b)
, 
(1)(c)
, 
(2)(a)
, or 
(2)(b)
, shall be:
(a)
notarized; or
(b)
witnessed by two individuals who are not members of the birth mother's or the 
child 
adoptee's immediate family.
(7)
Except as provided in Subsection 
26B-2-127(2)
, a transfer of relinquishment from one 
child-placing agency to another child-placing agency shall be signed before a 
Notary 
Public
notary public
.
Section 348, Section 
81-13-215
, which is renumbered from Section 78B-6-133 is renumbered 
and amended to read:
78B-6-133
81-13-215
. Contested adoption of a minor child -- Rights of parties 
-- Determination of custody.
(1)
If 
a person
an individual
 whose consent for an adoption
 of a minor child
 is required 
pursuant to Subsection 
78B-6-120
(1)(b)
as described in Subsection 
81-13-212(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
individual's 
rights in accordance with
 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
individual's
 parental rights, 
the court shall order that the 
person's
individual's
 rights be terminated.
(b)
If there are not proper grounds to terminate the 
person's
individual's
 parental rights, 
the court shall:
(i)
dismiss the adoption petition;
(ii)
conduct an evidentiary hearing to determine who should have custody of the 
minor 
child; and
(iii)
award custody of the 
minor 
child in accordance with the 
minor 
child's best 
interest.
(c)
Termination of 
a person's
an individual's
 parental rights does not terminate the right 
of a relative of the parent to seek adoption of the 
minor 
child.
(3)
Evidence considered at the custody hearing may include:
(a)
evidence of psychological or emotional bonds that the
 minor
 child has formed with a 
third person, including the prospective adoptive parent; and
(b)
any detriment that a change in custody may cause the
 minor
 child.
(4)
If the court dismisses the adoption petition, the fact that 
a person
an individual
relinquished a 
minor 
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 
minor 
child's best interest for custody 
to be awarded to such person or that:
(a)
the 
person
individual
 is unfit or incompetent to be a parent;
(b)
the 
person
individual
 has neglected or abandoned the 
minor 
child;
(c)
the 
person
individual
 is not interested in having custody of the 
minor 
child; or
(d)
the 
person
individual
 has forfeited the 
person's
individual's
 parental presumption.
(5)
Any custody order entered 
pursuant to
under
 this section may also:
(a)
include provisions for:
(i)
parent-time; or
(ii)
visitation by an interested third party
, including the prospective adoptive parent
; 
and
(b)
provide for the financial support of the 
minor 
child.
(6)
(a)
If a person 
or entity 
whose consent is required for an adoption under Subsection 
78B-6-120
(1)(a)
81-13-212(1)(a)
 or (g) refuses to consent, the court shall proceed 
with an evidentiary hearing and award custody as 
set forth
described
 in Subsection 
(2).
(b)
The court may also finalize the adoption if doing so is in the best interest of the 
minor 
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 
minor 
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 
minor 
child is placed;
(ii)
who has custody or guardianship of the 
minor 
child;
(iii)
who has filed a written statement with the court within 
eight months
240 days
after the day on which the shelter hearing is held:
(A)
requesting immediate placement of the 
minor 
child with the petitioner; and
(B)
expressing the petitioner's intention of adopting the 
minor 
child;
(iv)
who is a relative with whom the
 minor
 child has a significant and substantial 
relationship and who was unaware, within 
the first eight months
240 days
 after 
the day on which the shelter hearing is held, of the 
minor 
child's removal from the 
minor 
child's parent; or
(v)
who is a relative with whom the 
minor 
child has a significant and substantial 
relationship and, in a case where the 
minor 
child is not placed with a relative or is 
placed with a relative that is unable or unwilling to adopt the 
minor 
child:
(A)
was actively involved in the 
minor 
child's child welfare case with the division 
or the juvenile court while the 
minor 
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
 minor
 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 
minor 
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 
minor 
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
of this chapter
; and
(ii)
(A)
with whom the 
minor 
child has continuously resided for 
six months
180 
days
;
(B)
who has filed a written statement with the court within 
eight months
240 days
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 
minor 
child 
to determine whether the presumption is rebutted.
(c)
The court shall weigh the best interest of the 
minor 
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 
minor 
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 349, Section 
81-13-216
, which is renumbered from Section 78B-6-146 is renumbered 
and amended to read:
78B-6-146
81-13-216
. Postadoption contact agreement.
(1)
As used in this section:
(a)
"Postadoption contact agreement" means a document, agreed upon prior to the 
finalization of an adoption of a 
minor 
child in the custody of the division, that 
outlines the relationship between an adoptive parent, birth parent, or other birth 
relative, and 
an adopted child
the minor child
 after the finalization of adoption.
(b)
"Other birth relative" means a grandparent, stepparent, sibling, stepsibling, aunt, or 
uncle of the 
prospective adoptive child
child adoptee
.
(2)
(a)
Notwithstanding any other provision in this chapter, if a child
 adoptee
 in the 
custody of the division is placed for adoption, the prospective adoptive parent and 
birth parent, or other birth relative, may enter into a postadoption contact agreement 
as provided in this section.
(b)
A birth parent is not required to be a party to a postadoption contact agreement in 
order to permit an open adoption agreement between a prospective adoptive parent 
and another birth relative of the child
 adoptee
.
(3)
In order to be legally enforceable, a postadoption contact agreement shall be:
(a)
approved by the court before the finalization of the adoption, with the court making a 
specific finding that the agreement is in the best interest of the child
 adoptee
;
(b)
signed by each party claiming a right or obligation in the agreement; and
(c)
if the 
adopted child
child adoptee
 is 12 years old or older, approved by the child
adoptee
.
(4)
A postadoption contact agreement shall:
(a)
describe:
(i)
visits, if any, that shall take place between the birth parent, other birth relative, 
adoptive parent, and 
adopted child
child adoptee
;
(ii)
the degree of supervision, if any, that shall be required during a visit between a 
birth parent, other birth relative, and 
adopted child
child adoptee
;
(iii)
the information, if any, that shall be provided to a birth parent, or other birth 
relative, about the 
adopted child
child adoptee
 and how often that information 
shall be provided;
(iv)
the grounds, if any, on which the adoptive parent may:
(A)
decline to permit visits, described in Subsection 
(4)(a)(i)
, between the birth 
parent, or other birth relative, and 
adopted child
child adoptee
; or
(B)
cease providing the information described in Subsection 
(4)(a)(iii)
 to the birth 
parent or other birth relative; and
(b)
state that following the adoption, the court shall presume that the adoptive parent's 
judgment about the best interest of the child
 adoptee
 is correct in any action seeking 
to enforce, modify, or terminate the agreement.
(5)
A postadoption contact agreement may not limit the adoptive parent's ability to move 
out of state.
(6)
A postadoption contact agreement may only be modified with the consent of the 
adoptive parent.
(7)
In an action seeking enforcement of a postadoption contact agreement:
(a)
an adoptive parent's judgment about the best interest of the child
 adoptee
 is entitled 
to a presumption of correctness;
(b)
if the party seeking to enforce the postadoption contact agreement successfully 
rebuts the presumption described in Subsection 
(7)(a)
, the court shall consider 
whether:
(i)
the parties performed the duties outlined in the open adoption agreement in good 
faith;
(ii)
there is a reasonable alternative that fulfills the spirit of the open adoption 
agreement without ordering mandatory compliance with the open adoption 
agreement; and
(iii)
enforcement of the open adoption agreement is in the best interest of the 
adopted child
child adoptee
; and
(c)
the court shall order the parties to attend mediation, if the presumption in Subsection 
(7)(a)
 is successfully rebutted and mediation is in the 
child's
child adoptee's
 best 
interest.
(8)
An open adoption agreement that has been found not to be in the best interest of the 
adopted child
child adoptee
 shall not be enforced.
(9)
Violation of an open adoption agreement is not grounds:
(a)
to set aside an adoption; or
(b)
for an award of money damages.
(10)
Nothing in this section shall be construed to mean that an open adoption agreement is 
required before an adoption may be finalized.
(11)
Refusal or failure to agree to a postadoption contact agreement is not admissible in any 
adoption proceeding.
(12)
The court that approves a postadoption contact agreement retains jurisdiction over 
modification, termination, and enforcement of an approved postadoption contact 
agreement.
Section 350, Section 
81-13-217
, which is renumbered from Section 78B-6-140 is renumbered 
and amended to read:
78B-6-140
81-13-217
. Affidavit regarding fees and expenses before final decree 
of adoption of a minor child.
(1)
(a)
Except as provided in Subsection (5), before the date that a final decree of 
adoption
 for a child adoptee
 is entered, a prospective adoptive parent or, if the child
adoptee
 was placed by a child-placing agency, the person or agency placing the child
adoptee
 shall file with the court an affidavit regarding fees and expenses on a form 
prescribed by the Judicial Council in accordance with Subsection (2).
(b)
An affidavit filed pursuant to Subsection (1)(a) shall be signed by each prospective 
adoptive parent and, if the child
 adoptee
 was placed by a child-placing agency, the 
person or agency placing the child
 adoptee
.
(c)
The court shall review an affidavit filed under this section for completeness and 
compliance with the requirements of this section.
(d)
The results of the court's review under Subsection (1)(c) shall be noted in the court's 
record.
(2)
(a)
The Judicial Council shall prescribe a uniform form for the affidavit described in 
Subsection (1).
(b)
The uniform affidavit form shall require itemization of the following items in 
connection with the adoption:
(i)
all legal expenses that have been or will be paid to or on behalf of the preexisting 
parents of the child
 adoptee
, including the source of payment;
(ii)
all maternity expenses that have been or will be paid to or on behalf of the 
preexisting parents of the child
 adoptee
, including the source of payment;
(iii)
all medical or hospital expenses that have been or will be paid to or on behalf of 
the preexisting parents of the child
 adoptee
, including the source of payment;
(iv)
all living expenses that have been or will be paid to or on behalf of the 
preexisting parents of the child
 adoptee
, including the source of payment;
(v)
fees paid by the prospective adoptive parent or parents in connection with the 
adoption;
(vi)
all gifts, property, or other items that have been or will be provided to the 
preexisting parents, including the source and approximate value of the gifts, 
property, or other items;
(vii)
all public funds used for any medical or hospital costs in connection with the:
(A)
pregnancy;
(B)
delivery of the child
 adoptee
; or
(C)
care of the child
 adoptee
; and
(viii)
if a child-placing agency placed the child
 adoptee
:
(A)
a description of services provided to the prospective adoptive parents or 
preexisting parents in connection with the adoption;
(B)
all expenses associated with matching the prospective adoptive parent or 
parents and the birth mother;
(C)
all expenses associated with advertising; and
(D)
any other agency fees or expenses paid by an adoptive parent that are not 
itemized under one of the other categories described in this Subsection (2)(b), 
including a description of the reason for the fee or expense.
(c)
The uniform affidavit form shall require:
(i)
a statement of the state of residence of the:
(A)
birth mother or the preexisting parents; and
(B)
prospective adoptive parent or parents;
(ii)
a declaration that Section 
76-7-203
 has not been violated; and
(iii)
if the affidavit includes an itemized amount for both of the categories described 
in Subsections (2)(b)(iii) and (vii), a statement explaining why certain medical or 
hospital expenses were paid by a source other than public funds.
(d)
To satisfy the requirement of Subsection (1)(a), the court shall accept an affidavit 
that is submitted in a form accepted by the Office of Licensing within the Department 
of Health and Human Services if the affidavit contains the same information and is in 
a reasonably equivalent format as the uniform affidavit form prescribed by the 
Judicial Council.
(3)
(a)
If a child-placing agency, that is licensed by this state, placed the child
 adoptee
, 
the child-placing agency shall provide a copy of the affidavit described in Subsection 
(1) to the Office of Licensing within the Department of Health and Human Services.
(b)
Before August 30 of each even-numbered year, the Office of Licensing within the 
Department of Health and Human Services shall provide a written report to the 
Health and Human Services Interim Committee and to the Judicial Council regarding 
the cost of adoptions in the state that includes:
(i)
the total number of affidavits provided to the Office of Licensing during the 
previous year; 
(ii)
for each of the categories described in Subsection (2)(b):
(A)
the average amount disclosed on affidavits submitted during the previous 
year; and
(B)
the range of amounts disclosed on affidavits submitted during the previous 
year;
(iii)
the average total amount disclosed on affidavits submitted during the previous 
year;
(iv)
the range of total amounts disclosed on affidavits submitted during the previous 
year; and
(v)
any recommended legislation that may help reduce the cost of adoptions.
(c)
The Health and Human Services Interim Committee shall, based on information in 
reports provided under Subsection (3)(b) and in consultation with a consortium 
described in Subsection 
26B-2-127
(8), consider:
(i)
what constitutes reasonable fees and expenses related to adoption; and
(ii)
the standards that may be used to determine whether fees and expenses related to 
adoption are reasonable in a specific case.
(4)
The Judicial Council shall make a copy of each report provided by the Office of 
Licensing under Subsection (3)(b) available to each court that may be required to review 
an affidavit under Subsection (1)(c).
(5)
This section does not apply if the prospective adoptive parent is the legal spouse of a 
preexisting parent.
Section 351, Section 
81-13-218
, which is renumbered from Section 78B-6-136 is renumbered 
and amended to read:
78B-6-136
81-13-218
. Final decree of adoption of a minor child -- Agreement 
by adoptive parent or parents.
(1)
(a)
Before entering a final decree of adoption, the court shall examine separately each 
person appearing before the court in accordance with this chapter.
(b)
If the court is satisfied that the interests of the child adoptee will be promoted by the 
adoption, the court shall enter a final decree of adoption in accordance with Section 
81-13-219
 declaring that:
(i)
the child adoptee is adopted by the adoptive parent or parents; and
(ii)
the child adoptee is regarded and treated in all respects as the child of the 
adoptive parent or parents.
(1)
(2)
Except as provided in Subsection 
(2)
(3)
, before the court enters a final decree of 
adoption
 of a child adoptee
:
(a)
the prospective adoptive parent or parents and the child
 adoptee
 being adopted shall 
appear before the appropriate court; and
(b)
the prospective adoptive parent or parents shall execute an agreement stating that the 
child
 adoptee
 shall be adopted and treated in all respects as the adoptive parent's or 
parents' own lawful child.
(2)
(3)
Except as provided in Subsection 
78B-6-115(4)
, a
The
 court may waive the 
requirement 
described in Subsection 
(1)(a)
(2)(a)
 if:
(a)
the adoption is not contested;
(b)
the prospective adoptive parent or parents:
(i)
execute an agreement stating that the child
 adoptee
 shall be adopted and treated in 
all respects as the parent's or parents' own lawful child;
(ii)
have the agreement described in Subsection 
(2)(b)(i)
(3)(b)(i)
 notarized; and
(iii)
file the agreement described in Subsection 
(2)(b)(i)
(3)(b)(i)
 with the court; and
(c)
all requirements of this chapter to obtain a final decree of adoption are otherwise 
complied with.
(4)
At the time that a final decree of adoption is entered, the child adoptee may take the 
family name of the adoptive parent or parents.
(5)
After a final decree of adoption is entered, the adoptive parent or parents and the child 
adoptee shall:
(a)
sustain the legal relationship of a parent and child; and
(b)
have all the rights and be subject to all the duties of a parent-child relationship.
Section 352, Section 
81-13-219
, which is renumbered from Section 78B-6-136.5 is renumbered 
and amended to read:
78B-6-136.5
81-13-219
. Timing of entry of final decree of adoption of a minor 
child -- Posthumous adoption of a minor child.
(1)
(a)
Except as provided in Subsection 
(1)(b)
 or 
(2), 
a final decree of adoption may not 
be entered
the court may not enter a final decree of adoption for a child adoptee
 until 
the earlier of:
(a)
(i)
when the child
 adoptee
 has lived in the home of the prospective adoptive 
parent for 
three months
90 days
; or
(b)
(ii)
when the child
 adoptee
 has been placed for adoption with the prospective 
adoptive parent for 
three months
90 days
.
(b)
Notwithstanding Subsection 
(1)(a)
, the court may enter a final decree of adoption at 
an earlier or later time than described in Subsection 
(1)
 if the court finds that there is 
good cause.
(2)
(a)
If the prospective adoptive parent is the spouse of the pre
-
existing parent, 
a final 
decree of adoption may not be entered until the child
the court may not enter a final 
decree of adoption for a child adoptee until the child adoptee
 has lived in the home of 
that prospective adoptive parent for 
six months, unless, based on a finding of good 
cause, the court orders that the final decree of adoption may be entered at an earlier 
time
180 days
.
(b)
Notwithstanding Subsection 
(2)(a)
, the court may enter a final decree of adoption at 
an earlier time than described in Subsection 
(2)(a)
 if the court finds that there is good 
cause.
(b)
The court may, based on a finding of good cause, order that the final decree of 
adoption be entered at a later time than described in Subsection (1).
(3)
The court 
has authority to
may
 enter a final decree of adoption
 for a child adoptee
 after 
a child's
the child adoptee's
 death upon the request of the prospective adoptive parent or 
parents of the child
 adoptee
 if:
(a)
the child
 adoptee
 dies during the time that the child
 adoptee
 is placed in the home of 
a prospective adoptive parent or parents for the purpose of adoption; or
(b)
the prospective adoptive parent is the spouse of a preexisting parent of the child
adoptee
 and the child
 adoptee
 lived with the prospective adoptive parent before the 
child's
child adoptee's
 death.
(4)
The court may enter a final decree of adoption
 for a child adoptee
 declaring that 
a child
the child adoptee
 is adopted by:
(a)
both a deceased and a surviving adoptive parent if after the child
 adoptee
 is placed in 
the home of the 
child's
child adoptee's
 prospective adoptive parents:
(i)
one of the prospective adoptive parents dies;
(ii)
the surviving prospective adoptive parent requests that the court enter the decree; 
and
(iii)
the decree is entered after the child
 adoptee
 has lived in the home of the 
surviving prospective adoptive parent for at least 
three months
180 days
; or
(b)
a spouse of a preexisting parent if after the child
 adoptee
 has lived with the spouse of 
the preexisting parent:
(i)
the preexisting parent, or the spouse of the preexisting parent, dies;
(ii)
the preexisting parent, or the spouse of the preexisting parent, requests that the 
court enter the decree; and
(iii)
the child
 adoptee
 has lived in the same home as the spouse of the preexisting 
parent for at least 
six months
180 days
.
(5)
Upon request of a surviving preexisting parent, or a surviving parent for whom adoption 
of a child
 adoptee
 has been finalized, the court may enter a final decree of adoption 
declaring that a child
 adoptee
 is adopted by a deceased adoptive parent who was the 
spouse of the surviving parent at the time of the prospective adoptive parent's death.
(6)
The court may enter a final decree of adoption declaring that a child
 adoptee
 is adopted 
by both deceased prospective adoptive parents if:
(a)
both of the prospective adoptive parents die after the child
 adoptee
 is placed in the 
prospective adoptive parents' home; and
(b)
it is in the best interests of the child
 adoptee
 to enter the decree.
(7)
Nothing in this section shall be construed to grant any rights to the pre
-
existing parents 
of a child
 adoptee
 to assert any interest in the child
 adoptee
 during the 
three-month or 
six-month
time
 periods described in this section.
Section 353, Section 
81-13-220
, which is renumbered from Section 78B-6-138 is renumbered 
and amended to read:
78B-6-138
81-13-220
. Effect of adoption of a minor child on pre-existing parent.
(1)
A pre-existing parent of 
an adopted child
a child adoptee:
(a)
 is released from all parental rights and duties toward and all responsibilities for the 
adopted child
child adoptee
, including residual parental rights and duties, as defined 
in Section 
80-1-102
, and 
; and
(b)
has no further parental rights or duties with regard to 
that adopted child
the child 
adoptee
 at the earlier of:
(a)
(i)
the time the pre-existing parent's parental rights are terminated; or
(b)
(ii)
except as provided in Subsection 
(2)
, and subject to Subsections 
(3)
 and 
(4)
, 
the time the final decree of adoption is entered.
(2)
The parental rights and duties of a pre-existing parent who, at the time the child
 adoptee
is adopted, is lawfully married to the 
person adopting the child
individual adopting the 
child adoptee
 are not released under Subsection 
(1)(b)
.
(3)
The parental rights and duties of a pre-existing parent who, at the time the child
 adoptee
is adopted, is not lawfully married to the 
person adopting the child
individual adopting 
the child adoptee
 are released under Subsection 
(1)(b)
.
(4)
(a)
Notwithstanding the provisions of this section, the court may allow a prospective 
adoptive parent to adopt a child
 adoptee
 without releasing the pre-existing parent 
from parental rights and duties under Subsection 
(1)(b)
, if:
(i)
the pre-existing parent and the prospective adoptive parent were lawfully married 
at some time during the 
child's
child adoptee's
 life;
(ii)
the pre-existing parent consents to the prospective adoptive parent's adoption of 
the 
child,
child adoptee
 or is unable to consent because the pre-existing parent is 
deceased or incapacitated;
(iii)
notice of the adoption proceeding is provided in accordance with Section 
78B-6-110
81-13-207
;
(iv)
consent to the adoption is provided in accordance with 
Section 
78B-6-120
Section 
81-13-212
; and
(v)
the court finds that it is in the best interest of the child
 adoptee
 to grant the 
adoption without releasing the pre-existing parent from parental rights and duties.
(b)
This Subsection 
(4)
 does not permit a child
 adoptee
 to have more than two 
natural 
parents, as that term is defined in Section 
80-1-102
parents
.
(5)
This section may not be construed as terminating any child support obligation of a 
parent incurred before the adoption.
Section 354, Section 
81-13-301
 is enacted to read:
3. Adoption of an Adult
81-13-301
. Definitions for part.
Reserved.
Section 355, Section 
81-13-302
, which is renumbered from Section 78B-6-115 is renumbered 
and amended to read:
78B-6-115
81-13-302
. Who may adopt an adult.
(1)
As used in this section, "vulnerable adult" means:
(a)
an individual who is 65 years old or older; or
(b)
an adult who is 18 years old or older, and who has a mental or physical impairment 
that substantially affects that adult's ability to:
(i)
provide personal protection;
(ii)
provide necessities such as food, shelter, clothing, or medical or other health care;
(iii)
obtain services necessary for health, safety, or welfare;
(iv)
carry out the activities of daily living;
(v)
manage the adult's own resources; or
(vi)
comprehend the nature and consequences of remaining in a situation of abuse, 
neglect, or exploitation.
(2)
Subject to this section and Section 
78B-6-117
, any adult may be adopted by another 
adult.
(3)
The following provisions of this part apply to the adoption of an adult just as though 
the individual being adopted were a minor:
(a)
(i)
Section 
78B-6-108
;
(ii)
Section 
78B-6-114
;
(iii)
Section 
78B-6-116
;
(iv)
Section 
78B-6-118
;
(v)
Section 
78B-6-124
;
(vi)
Section 
78B-6-136
;
(vii)
Section 
78B-6-137
;
(viii)
Section 
78B-6-138
;
(ix)
Section 
78B-6-139
;
(x)
Section 
78B-6-141
; and
(xi)
Section 
78B-6-142
;
(b)
Subsections 
78B-6-105(1)(a)
, 
(1)(b)(i)
, 
(1)(b)(ii)
, 
(2)
, and 
(7)
, except that the 
juvenile court does not have jurisdiction over a proceeding for adoption of an adult, 
unless the adoption arises from a case where the juvenile court has continuing 
jurisdiction over the mature adoptee; and
(c)
if the mature adoptee is a vulnerable adult, Sections 
78B-6-128
 through 
78B-6-131
, 
regardless of whether the mature adoptee resides, or will reside, with the adopters, 
unless the court, based on a finding of good cause, waives the requirements of those 
sections.
(4)
Before a court enters a final decree of adoption of a mature adoptee, the mature adoptee 
and the prospective adoptive parent or parents shall appear before the court presiding 
over the adoption proceeding and execute consent to the adoption.
(5)
No provision of this part, other than those listed or described in this section or Section 
78B-6-117
, apply to the adoption of an adult.
(1)
Except as provided in Subsections 
(2)
 and (3), an adult may adopt another adult.
(2)
A married adult who is lawfully separated from the married adult's spouse may not 
adopt another adult without the consent of the married adult's spouse if the spouse is 
capable of giving consent.
(3)
An individual adopting an adult may not adopt the adult unless:
(a)
the individual is at least 10 years older than the adult; or
(b)
at least one individual of a married couple is at least 10 years older than the adult if a 
married couple is adopting the adult.
(4)
The placement requirements described in Part 4, Placement of a Minor Child or 
Vulnerable Adult for Adoption, apply to an adult adoptee that is a vulnerable adult 
regardless of whether the adult adoptee resides, or will reside, with the adoptive parents, 
unless the court waives the placement requirements upon a finding of good cause.
Section 356, Section 
81-13-303
, which is renumbered from Section 78B-6-116 is renumbered 
and amended to read:
78B-6-116
81-13-303
. Notice of adoption of an adult.
(1)
(a)
Consent to the adoption of an adult is required from:
(i)
the mature adoptee;
(ii)
any person who is adopting the adult;
(iii)
the spouse of a person adopting the adult; and
(iv)
any legally appointed guardian or custodian of the adult adoptee.
(b)
No person, other than a person described in Subsection 
(1)(a)
, may consent, or 
withhold consent, to the adoption of an adult.
(2)
(1)
(a)
Except as provided in Subsection 
(2)(b)
, notice of a proceeding for the 
adoption of an adult shall be served on each person described in Subsection 
(1)(a)
and the spouse of the mature adoptee.
(1)(c), a petitioner in an adoption proceeding 
shall serve notice of the proceeding on:
(i)
the adult adoptee;
(ii)
the spouse of the petitioner if the petitioner is married;
(iii)
any legally appointed guardian or custodian of the adult adoptee; and
(iv)
the spouse of the adult adoptee if the adult adoptee is married.
(b)
The petitioner shall serve the notice described in Subsection 
(1)(a)
 at least 30 days 
before the day on which the adoption is finalized.
(b)
(c)
The notice described in Subsection 
(2)(a)
(1)(a)
 may be waived, in writing, by 
the person entitled to receive notice.
(3)
(2)
The notice described in Subsection 
(2)
(1)
:
(a)
shall be served at least 30 days before the day on which the adoption is finalized;
(b)
(a)
shall specifically state that the person served must respond to the petition within 
30 days of service if the person intends to intervene in the adoption proceeding;
(c)
(b)
shall state the name of the 
person to be adopted
adult adoptee
;
(d)
(c)
may not state the name of a person adopting the 
mature
adult
 adoptee, unless 
the person consents, in writing, to disclosure of the person's name;
(e)
(d)
with regard to a person described in Subsection 
(1)(a)
:
(i)
except as provided in Subsection 
(2)(b)
(2)(a)
, shall be in accordance with the 
provisions of the Utah Rules of Civil Procedure; and
(ii)
may not be made by publication; and
(f)
(e)
with regard to the spouse of the 
mature
adult
 adoptee, may be made:
(i)
in accordance with the provisions of the Utah Rules of Civil Procedure;
(ii)
by certified mail, return receipt requested; or
(iii)
by publication, posting, or other means if:
(A)
the service described in Subsection 
(3)(f)(ii)
(2)(e)(ii)
 cannot be completed 
after two attempts; and
(B)
the court issues an order providing for service by publication, posting, or other 
means.
(4)
(3)
Proof of service of the notice on each person to whom notice is required by this 
section shall be filed with the court before the adoption is finalized.
(5)
(4)
(a)
Any person who is served with notice of a proceeding for the adoption of an 
adult
 adoptee
 and who wishes to intervene in the adoption shall file a motion in the 
adoption proceeding:
(i)
within 30 days after the day on which the person is served with notice of the 
adoption proceeding;
(ii)
that sets forth the specific relief sought; and
(iii)
that is accompanied by a memorandum specifying the factual and legal grounds 
upon which the motion is made.
(b)
A person who fails to file the motion described in Subsection 
(5)(a)
(4)(a)
 within 
the time described in Subsection 
(5)(a)(i)
(4)(a)(i)
:
(i)
waives any right to further notice of the adoption proceeding; and
(ii)
is barred from intervening in, or bringing or maintaining any action challenging, 
the adoption proceeding.
(6)
(5)
Except as provided in Subsection 
(7)
(6)
, after a court enters a final decree of 
adoption of an adult
 adoptee
, the 
mature
adult
 adoptee shall:
(a)
serve notice of the finalization of the adoption, 
pursuant to
in accordance with
 the 
Utah Rules of Civil Procedure, on each person who was a legal parent of the adult 
adoptee before the final decree of adoption described in this Subsection 
(6)
(5)
 was 
entered; and
(b)
file with the court proof of service of the notice described in Subsection 
(6)(a)
(5)(a)
.
(7)
(6)
A court may
, based on a finding of good cause,
 waive the notification 
requirement described in Subsection 
(6)
(5) upon a finding of good cause
.
Section 357, Section 
81-13-304
 is enacted to read:
81-13-304
. Necessary consent to adoption of an adult -- Persons who may take 
consents.
(1)
The following persons are required to consent to an adoption of an adult adoptee before 
the adoption is granted:
(a)
the adult adoptee;
(b)
any individual who is adopting the adult adoptee;
(c)
the spouse of the individual adopting the adult adoptee if the individual is married; 
and
(d)
any legally appointed guardian or custodian of the adult adoptee.
(2)
An adult adoptee shall sign a consent before:
(a)
the court with jurisdiction over the adoption proceeding; or
(b)
a person appointed by the court to take the consent.
(3)
If the consent of the adult adoptee is taken out of state, the adult adoptee shall sign the 
consent before:
(a)
a person authorized or appointed to take a consent by a court of this state that has 
jurisdiction over adoption proceedings;
(b)
a court that has jurisdiction over adoption proceedings in the state where the consent 
is taken; or
(c)
a person authorized, under the laws of the state where the consent is taken, to take a 
consent of the adult adoptee.
(4)
A person other than the adult adoptee may sign the consent before a notary or any 
person authorized to take the consent as described in Subsection 
(2)
 or (3).
(5)
A person authorized by Subsection 
(2)
 or (3) to take a consent shall certify to the best of 
the person's information and belief that the person executing the consent has read and 
understands the consent and has signed the consent freely and voluntarily.
(6)
A person executing a consent is entitled to receive a copy of the consent.
(7)
A signature described in Subsection (2)(b) or (3)(a), shall be:
(a)
notarized; or
(b)
witnessed by two individuals who are not members of the adult adoptee's immediate 
family.
Section 358, Section 
81-13-305
 is enacted to read:
81-13-305
. Final decree of adoption of an adult -- Agreement by adoptive parent 
or parents.
(1)
Before entering a final decree of adoption of an adult adoptee, the court shall examine 
separately each person appearing before the court in accordance with this chapter.
(2)
If the court is satisfied that the interests of the adult adoptee will be promoted by the 
adoption, the court shall enter a final decree of adoption declaring that:
(a)
the adult adoptee is adopted by the adoptive parent or parents; and
(b)
the adult adoptee is regarded and treated in all respects as the child of the adoptive 
parent or parents.
(3)
Before the court enters a final decree of adoption of an adult adoptee, the prospective 
adoptive parent or parents and the adult adoptee shall:
(a)
appear before the court;
(b)
execute a consent to the adoption as described in Section 
81-13-304
; and
(c)
execute an agreement stating that the adult adoptee shall be adopted and treated in all 
respects as the adoptive parent's or parents' own lawful child.
(4)
When a final decree of adoption is entered, the adult adoptee may take the family name 
of the adoptive parent or parents.
(5)
After a final decree of adoption is entered, the adoptive parent or parents and the adult 
adoptee shall:
(a)
sustain the legal relationship of a parent and child; and
(b)
have all the rights and be subject to all the duties of a parent-child relationship.
Section 359, Section 
81-13-306
 is enacted to read:
81-13-306
. Effect of adoption of an adult on pre-existing parent.
(1)
A pre-existing parent of an adult adoptee:
(a)
is released from all parental rights and duties toward and all responsibilities for the 
adult adoptee, including residual parental rights and duties, as defined in Section 
80-1-102
; and
(b)
has no further parental rights or duties with regard to the adult adoptee at the earlier 
of:
(i)
the time the pre-existing parent's parental rights are terminated; or
(ii)
except as provided in Subsection (2), and subject to Subsections (3) and (4), the 
time the final decree of adoption is entered.
(2)
The parental rights and duties of a pre-existing parent who, at the time the adult adoptee 
is adopted, is lawfully married to the individual adopting the adult adoptee are not 
released under Subsection (1)(b).
(3)
The parental rights and duties of a pre-existing parent who, at the time the adult adoptee 
is adopted, is not lawfully married to the individual adopting the adult adoptee are 
released under Subsection (1)(b).
(4)
(a)
Notwithstanding the provisions of this section, the court may allow a prospective 
adoptive parent to adopt an adult adoptee without releasing the pre-existing parent 
from parental rights and duties under Subsection (1)(b) if:
(i)
the pre-existing parent and the prospective adoptive parent were lawfully married 
at some time during the adult adoptee's life;
(ii)
the pre-existing parent consents to the prospective adoptive parent's adoption of 
the adult adoptee or is unable to consent because the pre-existing parent is 
deceased or incapacitated;
(iii)
notice of the adoption proceeding is provided in accordance with Section 
81-13-303
;
(iv)
consent to the adoption is provided in accordance with Section 
81-13-304
; and
(v)
the court finds that it is in the best interest of the adult adoptee to grant the 
adoption without releasing the pre-existing parent from parental rights and duties.
(b)
This Subsection (4) does not permit an adult adoptee to have more than two parents.
(5)
This section may not be construed as terminating any child support obligation of a 
parent incurred before the adoption.
Section 360, Section 
81-13-401
 is enacted to read:
4. Placement of a Minor Child or Vulnerable Adult for Adoption
81-13-401
. Definitions for part.
Reserved.
Section 361, Section 
81-13-402
, which is renumbered from Section 78B-6-131 is renumbered 
and amended to read:
78B-6-131
81-13-402
. Placement of an adoptee in custody of state -- Priority 
placement.
(1)
To provide a minor child, who is in the legal custody of the division, with the most 
beneficial family structure when the minor child is placed for adoption, the division or 
child-placing agency shall place the minor child with a married couple, unless:
(a)
there are no qualified married couples who:
(i)
have applied to adopt a minor child;
(ii)
are willing to adopt the minor child; and
(iii)
are an appropriate placement for the minor child;
(b)
the minor child is placed with a relative of the minor child;
(c)
the minor child is placed with an individual who has already developed a substantial 
relationship with the minor child;
(d)
the minor child is placed with an individual who:
(i)
is selected by a birth parent of the minor child, or a parent whose parental rights to 
the minor child have been terminated, if the parent consented to the adoption of 
the minor child; and
(ii)
the parent described in Subsection (1)(d)(i):
(A)
knew the individual with whom the minor child is placed before the parent 
consented to the adoption; or
(B)
became aware of the individual with whom the minor child is placed through a 
source other than the division or the child-placing agency that assists with the 
adoption of the minor child; or
(iii)
it is in the best interests of the minor child to place the minor child with a single 
adult.
(1)
(2)
Notwithstanding Sections 
78B-6-128
 through 
78B-6-130
81-13-403
 through 
81-13-405
, and except as provided in Subsection 
(2)
, a child
(3), an adoptee,
 who is
 a 
minor child or vulnerable adult
 in the legal custody of the state
,
 may not be placed with 
a prospective foster parent or a prospective adoptive parent, unless, before the 
child
adoptee
 is placed with the prospective foster parent or the prospective adoptive parent:
(a)
a fingerprint based 
FBI
Federal Bureau of Investigation
 national criminal history 
records check is conducted on the prospective foster parent, prospective adoptive 
parent, and any other adult residing in the household;
(b)
the Department of Health and Human Services conducts a check of the child abuse 
and neglect registry in each state where the prospective foster parent or prospective 
adoptive parent resided in the five years immediately preceding the day on which the 
prospective foster parent or prospective adoptive parent applied to be a foster parent 
or adoptive parent, to determine whether the prospective foster parent or prospective 
adoptive parent is listed in the registry as having a substantiated or supported finding 
of child abuse or neglect;
(c)
the Department of Health and Human Services conducts a check of the child abuse 
and neglect registry of each state where each adult living in the home of the 
prospective foster parent or prospective adoptive parent described in Subsection 
(1)(b)
(2)(b)
 resided in the five years immediately preceding the day on which the 
prospective foster parent or prospective adoptive parent applied to be a foster parent 
or adoptive parent, to determine whether the adult is listed in the registry as having a 
substantiated or supported finding of child abuse or neglect; and
(d)
each person required to undergo a background check described in this section passes 
the background check, pursuant to the provisions of Section 
26B-2-120
.
(2)
(3)
The requirements under Subsection 
(1)
(2)
 do not apply to the extent that:
(a)
federal law or rule permits otherwise; or
(b)
the requirements would prohibit the division or a court from placing 
a child
an 
adoptee,
who is a minor child or vulnerable adult in the legal custody of the state, 
with:
(i)
a noncustodial parent, under Section 
80-2a-301
, 
80-3-302
, or 
80-3-303
; or
(ii)
a relative, under Section 
80-2a-301
, 
80-3-302
, or 
80-3-303
, pending completion 
of the background check described in Subsection 
(1)
(2)
.
(4)
When an adoption petition is to be finalized in this state with regard to any prospective 
adoptive parent who is not a resident of this state at the time an adoptee, who is a minor 
child or vulnerable adult, is placed in the prospective adoptive parent's home, the 
prospective adoptive parent shall comply with Sections 
81-13-403
 through 
81-13-405
.
Section 362, Section 
81-13-403
, which is renumbered from Section 78B-6-128 is renumbered 
and amended to read:
78B-6-128
81-13-403
. Preplacement adoptive evaluations -- Exceptions.
(1)
(a)
Except as otherwise provided in this section, 
a child
an adoptee, who is a minor 
child or vulnerable adult,
 may not be placed in an adoptive home until a 
preplacement adoptive evaluation, assessing the prospective adoptive parent and the 
prospective adoptive home, has been conducted in accordance with the requirements 
of this section.
(b)
Except as provided in Section 
78B-6-131
81-13-402
, the court may, at any time, 
authorize temporary placement of 
a child
an adoptee, who is a minor child or 
vulnerable adult,
 in a prospective adoptive home pending completion of a 
preplacement adoptive evaluation described in this section.
(c)
(i)
Subsection (1)(a) does not apply if a 
pre-existing parent
birth parent
 has legal 
custody of the 
child to be adopted
adoptee
 and the prospective adoptive parent is 
related to 
that child
the adoptee
 or the 
pre-existing parent
birth parent
 as a 
stepparent, sibling by half or whole blood or by adoption, grandparent, aunt, 
uncle, or first cousin, unless the court otherwise requests the preplacement 
adoption.
(ii)
The prospective adoptive parent described in this Subsection (1)(c) shall obtain 
the information described in Subsections (2)(a) and (b), and file that 
documentation with the court prior to finalization of the adoption.
(d)
(i)
The preplacement adoptive evaluation shall be completed or updated within the 
12-month period immediately preceding the placement of 
a child
the adoptee
with the prospective adoptive parent.
(ii)
If the prospective adoptive parent has previously received custody of 
a child
an 
adoptee, who is a minor child or vulnerable adult,
 for the purpose of adoption, the 
preplacement adoptive evaluation shall be completed or updated within the 
12-month period immediately preceding the placement of 
a child
an adoptee, 
who is a minor child or vulnerable adult,
 with the prospective adoptive parent and 
after the placement of the previous 
child
adoptee
 with the prospective adoptive 
parent.
(2)
The preplacement adoptive evaluation shall include:
(a)
a criminal history background check regarding each prospective adoptive parent and 
any other adult living in the prospective home, prepared no earlier than 18 months 
immediately preceding placement of the 
child
adoptee
 in accordance with the 
following:
(i)
if the 
child
adoptee
 is in state custody, each prospective adoptive parent and any 
other adult living in the prospective home shall submit fingerprints to the 
Department of Health and Human Services, which shall perform a criminal history 
background check in accordance with Section 
26B-2-120
; or
(ii)
subject to Subsection (3), if the 
child
adoptee
 is not in state custody, an adoption 
service provider or an attorney representing a prospective adoptive parent shall 
submit fingerprints from the prospective adoptive parent and any other adult 
living in the prospective home to
:
(A)
the 
Criminal and Technical Services Division of Public Safety
Bureau of 
Criminal Identification within the Department of Public Safety
 for a regional 
and nationwide background check
, to
;
(B)
the Office of Background Processing within the Department of Health and 
Human Services for a background check in accordance with Section 
26B-2-120
, or to
;
or
(C)
the Federal Bureau of Investigation;
(b)
a report containing all information regarding reports and investigations of child 
abuse, neglect, and dependency, with respect to each prospective adoptive parent and 
any other adult living in the prospective home, obtained no earlier than 18 months 
immediately preceding the day on which the 
child
adoptee
 is placed in the 
prospective home, pursuant to waivers executed by each prospective adoptive parent 
and any other adult living in the prospective home, that:
(i)
if the prospective adoptive parent or the adult living in the prospective adoptive 
parent's home is a resident of Utah, is prepared by the Department of Health and 
Human Services from the records of the Department of Health and Human 
Services; or
(ii)
if the prospective adoptive parent or the adult living in the prospective adoptive 
parent's home is not a resident of Utah, prepared by the Department of Health and 
Human Services, or a similar agency in another state, district, or territory of the 
United States, where each prospective adoptive parent and any other adult living 
in the prospective home resided in the five years immediately preceding the day 
on which the 
child
adoptee
 is placed in the prospective adoptive home;
(c)
in accordance with Subsection (6), a home study conducted by an adoption service 
provider that is:
(i)
an expert in family relations approved by the court;
(ii)
a certified social worker;
(iii)
a clinical social worker;
(iv)
a marriage and family therapist;
(v)
a psychologist;
(vi)
a social service worker, if supervised by a certified or clinical social worker;
(vii)
a clinical mental health counselor; or
(viii)
an Office of Licensing employee within the Department of Health and Human 
Services who is trained to perform a home study; and
(d)
in accordance with Subsection (7), if the 
child to be adopted is a child who
adoptee
is in the custody of any public child welfare agency
, and is a child who
and
 has a 
special need as defined in Section 
80-2-801
, the preplacement adoptive evaluation 
shall be conducted by the Department of Health and Human Services or a 
child-placing agency that has entered into a contract with the department to conduct 
the preplacement adoptive evaluations for 
children
adoptees
 with special needs.
(3)
For purposes of Subsection (2)(a)(ii), subject to Subsection (4), the criminal history 
background check described in Subsection (2)(a)(ii) shall be submitted in a manner 
acceptable to the court that will:
(a)
preserve the chain of custody of the results; and
(b)
not permit tampering with the results by a prospective adoptive parent or other 
interested party.
(4)
In order to comply with Subsection (3), the manner in which the criminal history 
background check is submitted shall be approved by the court.
(5)
Except as provided in Subsection 
78B-6-131
(2)
81-13-402(3)
, 
and 
in addition to the 
other requirements of this section, 
before a child in state custody is placed with a 
prospective foster parent or a prospective adoptive parent, 
the Department of Health 
and Human Services shall comply with Section 
78B-6-131
81-13-402
 before an 
adoptee, who is a minor child or vulnerable adult in state custody, is placed with a 
prospective foster parent or a prospective adoptive parent
.
(6)
(a)
An individual described in Subsections (2)(c)(i) through (vii) shall be licensed to 
practice under the laws of:
(i)
this state; or
(ii)
the state, district, or territory of the United States where the prospective adoptive 
parent or other person living in the prospective adoptive home resides.
(b)
Neither the
The
 Department of Health and Human Services
 nor
, or
 any of the 
department's divisions
,
 may
 not
 proscribe who qualifies as an expert in family 
relations or who may conduct a home study under Subsection (2)(c).
(c)
The home study described in Subsection (2)(c) shall be a written document that 
contains the following:
(i)
a recommendation to the court regarding the suitability of the prospective adoptive 
parent for placement of 
a child
an adoptee who is a minor child or vulnerable 
adult
;
(ii)
a description of in-person interviews with the prospective adoptive parent, the 
prospective adoptive parent's children, and other individuals living in the home;
(iii)
a description of character and suitability references from at least two individuals 
who are not related to the prospective adoptive parent and with at least one 
individual who is related to the prospective adoptive parent;
(iv)
a medical history and a doctor's report, based upon a doctor's physical 
examination of the prospective adoptive parent, made within two years before the 
date of the application; and
(v)
a description of an inspection of the home to determine whether sufficient space 
and facilities exist to meet the needs of the 
child
adoptee
 and whether basic 
health and safety standards are maintained.
(7)
Any fee assessed by the evaluating agency described in Subsection (2)(d) is the 
responsibility of the adopting parent.
(8)
The person conducting the preplacement adoptive evaluation shall, in connection with 
the preplacement adoptive evaluation, provide the prospective adoptive parent with 
literature approved by the 
Division of Child and Family Services
division
 relating to 
adoption, including information relating to:
(a)
the adoption process;
(b)
developmental issues that may require early intervention; and
(c)
community resources that are available to the prospective adoptive parent.
(9)
A copy of the preplacement adoptive evaluation shall be filed with the court.
(10)
A home study completed for the purposes of foster care licensing in accordance with 
Title 80, Chapter 2, Part 3, Division Responsibilities, shall be accepted by the court for a 
proceeding under this part.
Section 363, Section 
81-13-404
, which is renumbered from Section 78B-6-129 is renumbered 
and amended to read:
78B-6-129
81-13-404
. Postplacement adoptive evaluations.
(1)
Except as provided in Subsections 
(2)
 and 
(3)
, a postplacement evaluation shall be 
conducted and submitted to the court 
prior to
before
 the final hearing in an adoption 
proceeding
 for a minor child or a vulnerable adult
. 
(2)
The postplacement evaluation
 under Subsection 
(1)
 shall include:
(a)
verification of the allegations of fact contained in the petition for adoption;
(b)
an evaluation of the progress of the 
child's
adoptee's
 placement in the adoptive 
home; and
(c)
a recommendation regarding whether the adoption is in the best interest of the 
child
adoptee
.
(2)
(3)
The exemptions from and requirements for evaluations, described in Subsections 
78B-6-128(1)(c)
81-13-403(1)(c)
, 
(2)(c)
, 
(6)
, and 
(8)
, also apply to postplacement 
adoptive evaluations.
(3)
(4)
Upon the request of the petitioner, the court may waive the postplacement adoptive 
evaluation, unless 
it
the court
 determines that it is in the best interest of the 
child
adoptee
 to require the postplacement evaluation.
Section 364, Section 
81-13-405
, which is renumbered from Section 78B-6-130 is renumbered 
and amended to read:
78B-6-130
81-13-405
. Preplacement and postplacement adoptive evaluations -- 
Review by court.
(1)
(a)
If the person conducting the preplacement adoptive evaluation or postplacement 
adoptive evaluation disapproves the adoptive placement, the court may dismiss the 
petition for adoption.
(b)
Upon request by a prospective adoptive parent, the court shall
:
(i)
 order that an additional preplacement adoptive evaluation or postplacement 
adoptive evaluation be conducted
, and shall
; and
(ii)
hold a hearing on the suitability of the adoption, including testimony of interested 
parties.
(2)
Before finalization of a petition for adoption the court shall review and consider the 
information and recommendations contained in the preplacement adoptive evaluation 
and postplacement adoptive evaluation described in Sections 
78B-6-128
 and 
78B-6-129
81-13-403
 and 
81-13-404
.
(3)
With respect to the home study required as part of the preplacement adoptive evaluation 
described in Subsection 
78B-6-128(2)(c)
81-13-403(2)(c)
, a court may review and 
consider information other than the information contained in the home study described 
in Subsection 
78B-6-128(6)(c)
81-13-403(6)(c)
.
Section 365, Section 
81-13-501
 is enacted to read:
5. Post Adoption
81-13-501
. Definitions for part.
Reserved.
Section 366, Section 
81-13-502
, which is renumbered from Section 78B-6-104 is renumbered 
and amended to read:
78B-6-104
81-13-502
. Applicability of part.
(1)
Sections 
78B-6-143
81-13-503
 through 
78B-6-145
81-13-505
 do not apply to 
adoptions
an adoption of a minor child
 by a stepparent whose spouse is the adoptee's 
parent.
(2)
Sections 
78B-6-143
81-13-503
 through 
78B-6-145
81-13-505
 apply only to 
adoptions of adoptees
an adoption of an adoptee
 born in this state.
Section 367, Section 
81-13-503
, which is renumbered from Section 78B-6-143 is renumbered 
and amended to read:
78B-6-143
81-13-503
. Nonidentifying health history of adoptee filed with office 
-- Limited availability.
(1)
(a)
Upon finalization of an adoption in this state
 of a minor child
, the person who 
proceeded on behalf of the petitioner for adoption, or a child-placing agency if an 
agency is involved in the adoption, shall file a report with the office, in the form 
established by the office. 
(b)
The report described in Subsection 
(1)(a)
 shall include a detailed health history, and 
a genetic and social history of the adoptee.
(2)
The report described in Subsection 
(1)(a)
 may not contain identifying information or 
any information that identifies the adoptee's 
birth
pre-existing
 parents or members of 
their families.
(3)
When the report described in Subsection 
(1)(a)
 is filed, a duplicate report shall be 
provided to the adoptive parents.
(4)
The report described in Subsection 
(1)(a)
 shall only be available upon request, and upon 
presentation of positive identification, to the following persons:
(a)
the adoptive parents;
(b)
in the event of the death of the adoptive parents, the adoptee's legal guardian;
(c)
the adoptee;
(d)
in the event of the death of the adoptee, the adoptee's spouse
,
 if the spouse is the 
parent or guardian of the adoptee's child;
(e)
the adoptee's child or descendant;
(f)
the adoptee's 
birth
pre-existing
 parent; and
(g)
the adoptee's adult sibling.
(5)
No identifying information or information that identifies a 
birth
pre-existing
 parent or 
the 
birth
pre-existing
 parent's family may be disclosed under this section.
(6)
The actual cost of providing information under this section shall be paid by the person 
requesting the information.
(7)
A child-placing agency may provide a copy of the report described in Subsection 
(1)(a)
and information in the child-placing agency's files, except identifying information, to 
an 
adult adoptee, a birth
a child adoptee who is 18 years old or older, a pre-existing
 parent, 
or an adoptive parent.
(8)
Notwithstanding Subsection 
(7)
, identifying information may be released to the extent 
that the individual who is the subject of the information provides written authorization 
of the information's release.
Section 368, Section 
81-13-504
, which is renumbered from Section 78B-6-144 is renumbered 
and amended to read:
78B-6-144
81-13-504
. Mutual-consent, voluntary adoption registry -- 
Procedures -- Fees.
(1)
As used in this section, "adopted individual" means a child adoptee who is 18 years old 
or older.
(1)
(2)
The office shall establish a mutual-consent, voluntary adoption registry.
(3)
(a)
An 
adult adoptee
adopted individual
 or a 
birth
pre-existing
 parent of an 
adult 
adoptee
adopted individual
, upon presentation of positive identification, may request 
identifying information from the office, in the form established by the office. 
(b)
A court 
of competent jurisdiction 
or a child-placing agency may accept that request 
from the 
adult adoptee or birth
adopted individual or pre-existing
 parent, in the form 
provided by the office, and transfer that request to the office. 
(c)
The 
adult adoptee or birth
adopted individual or pre-existing
 parent is responsible 
for notifying the office of any change in information contained in the request.
(b)
(d)
Except as otherwise provided in this 
part
chapter
, the office may only release 
identifying information to an 
adult adoptee or birth
adopted individual or 
pre-existing
 parent when 
it
the office
 receives requests from both the 
adoptee and 
the adoptee's birth
adopted individual and the adopted individual's pre-existing
 parent.
(c)
(e)
After matching the request of an 
adult adoptee
adopted individual
 with that of 
at least one of the 
adoptee's birth
adopted individual's pre-existing
 parents, the office 
shall notify both the 
adult adoptee
adopted individual
 and the 
birth
pre-existing
parent that the requests have been matched, and disclose the identifying information 
to those parties. 
However, if that adult adoptee
(f)
Notwithstanding Subsection (3)(c) or (d), if an adopted individual 
has a sibling of the 
same 
birth
pre-existing
 parent who is under 
the age of 18 years,
18 years old
 and 
who was raised in the same family setting as the 
adult adoptee
adopted individual
, 
the office may not disclose the requested identifying information to that 
adult 
adoptee
adopted individual
 or the 
adoptee's birth
adopted individual's pre-existing
parent.
(2)
(4)
(a)
Adult adoptees and adult siblings of adult adoptees
An adopted individual or 
an adult sibling of an adopted individual
, upon presentation of positive identification, 
may request identifying information from the office
,
 in the form established by the 
office. 
(b)
A court 
of competent jurisdiction 
or a child-placing agency may accept that request 
from the 
adult adoptee
adopted individual
 or adult sibling
,
 in the form provided by 
the office,
and transfer that request to the office. 
(c)
The 
adult adoptee
adopted individual
 or adult sibling is responsible for notifying the 
office of any change in information contained in the request.
(b)
(d)
The office may only release identifying information to an 
adult adoptee
adopted individual 
 or adult sibling when 
it
the office
 receives requests from both 
the 
adult adoptee
adopted individual
 and the 
adult adoptee's
adopted individual's
adult sibling.
(c)
(e)
After matching the request of an 
adult adoptee
adopted individual
 with that of 
the 
adoptee's
adopted individual's
 adult sibling, if the office determines that the 
office has sufficient information to make that match, the office shall notify both the 
adult adoptee
adopted individual
 and the 
adopted individual's 
adult sibling that the 
requests have been matched, and disclose the identifying information to those parties.
(d)
(5)
After receiving a request for information from an 
adult adoptee and a birth
adopted individual and a pre-existing
 parent under this section, the office shall:
(i)
(a)
search the office's vital records for the 
adult adoptee's birth
adopted individual's 
pre-existing
 parent; and
(ii)
(b)
if the search described in Subsection 
(2)(d)(i)
(5)(a)
 reveals that the 
birth
pre-existing
 parent who had requested information under this section is dead, inform 
the 
adult adoptee
adopted individual
 that the 
birth
pre-existing
 parent is dead and 
disclose the identity of the 
birth
pre-existing
 parent.
(e)
(6)
The office shall attempt to notify an individual who requests information under this 
section:
(i)
(a)
of the results of the initial search for a match; and
(ii)
(b)
if the initial search does not produce a match, that the office will keep the 
request on file and will attempt to notify the individual in the event of a match.
(3)
(7)
Information registered with the office under this section is available only to a 
registered 
adult adoptee
adopted individual
 and the 
adoptee's registered birth
adopted 
individual's pre-existing
 parent or registered adult sibling
,
 under the terms of this 
section.
(4)
(8)
Except as provided in Section 
78B-6-141
, the 
The 
office may not disclose 
information regarding a 
birth
pre-existing
 parent who has not registered a request with 
the office.
(5)
(9)
Nothing in this section limits the disclosure of information in accordance with 
Section 
78B-6-141
81-13-103
.
Section 369, Section 
81-13-505
, which is renumbered from Section 78B-6-144.5 is renumbered 
and amended to read:
78B-6-144.5
81-13-505
. Adoption information -- Adoption records fees.
(1)
(a)
The office may not disclose information maintained or filed with the office under 
this chapter unless the disclosure is permitted by this chapter or by a court order.
(b)
Any person who discloses information obtained from the office's voluntary adoption 
registry in violation of this part, or knowingly allows that information to be disclosed 
in violation of this chapter, is guilty of a class A misdemeanor.
(1)
(2)
(a)
The office shall, in accordance with Section 
63J-1-504
, establish a fee to be 
paid by an individual who requests information or other services under Section 
78B-6-141
 or Section 
78B-6-144
81-13-103
 or 
81-13-504
, and to cover the costs 
related to providing the information, services, and improvements described in 
Subsection 
(2)
.
(b)
The office may accept donations or grants from public or private entities to cover the 
costs related to providing the information, services, and improvements described in 
Subsection 
(2)
.
(2)
(3)
The office shall deposit fees and donations collected under Subsection 
(1)
(2)
 into 
the General Fund as dedicated credits and may be used only to:
(a)
fund, automate, and improve the provision of services described in Sections 
78B-6-141
 and 
78B-6-144
81-13-103
 and 
81-13-504
; or
(b)
implement means of maximizing potential matches for the services described in 
Sections 
78B-6-141
 and 
78B-6-144
81-13-103
 and 
81-13-504
, including the use of 
broad search terms and methods.
Section 370, Section 
81-14-101
, which is renumbered from Section 78B-24-101 is renumbered 
and amended to read:
14. UNIFORM UNREGULATED CHILD CUSTODY TRANSFER ACT
1. General Provisions
78B-24-101
81-14-101
. Definitions.
As used in this chapter:
(1)
"Child" means an unemancipated individual under 18 years old.
(2)
(1)
(a)
"Child-placing agency" means a person with authority under other law of this 
state to identify or place a 
minor 
child for adoption.
(b)
"Child-placing agency" does not include a parent of a 
minor 
child.
(3)
(2)
"Custody" means the exercise of physical care and supervision of a 
minor 
child.
(4)
(3)
(a)
"Intercountry adoption" means an adoption or placement for adoption of a 
minor 
child who resides in a foreign country at the time of adoption or placement.
(b)
"Intercountry adoption" includes an adoption finalized in the 
minor 
child's country of 
residence or in a state.
(5)
"Parent" means an individual recognized as a parent under other law of this state.
(6)
(4)
"Person" means an individual, estate, business or nonprofit entity, public 
corporation, government or governmental subdivision, agency, or instrumentality, or 
other legal entity.
(7)
(5)
"Record" means information:
(a)
inscribed on a tangible medium; or
(b)
stored in an electronic or other medium and retrievable in perceivable form.
(8)
(6)
(a)
"State" means a state of the United States, the District of Columbia, Puerto 
Rico, the United States Virgin Islands, or any other territory or possession subject to 
the jurisdiction of the United States.
(b)
"State" includes a federally recognized Indian tribe.
Section 371, Section 
81-14-102
, which is renumbered from Section 78B-24-102 is renumbered 
and amended to read:
78B-24-102
81-14-102
. Limitations on applicability.
This chapter does not apply to custody of an Indian child, as defined in the Indian Child 
Welfare Act, 25 U.S.C. Sec. 1903, to the extent governed by the Indian Child Welfare Act, 25 
U.S.C. Sec. 1901 through 1963.
Section 372, Section 
81-14-201
, which is renumbered from Section 78B-24-201 is renumbered 
and amended to read:
2. Prohibition of Unregulated Custody Transfer
78B-24-201
81-14-201
. Definitions for part.
As used in this part:
(1)
"Guardian" means a person recognized as a guardian under other law of this state.
(2)
"Intermediary" means a person that assists or facilitates a transfer of custody of a 
minor 
child, whether or not for compensation.
Section 373, Section 
81-14-202
, which is renumbered from Section 78B-24-202 is renumbered 
and amended to read:
78B-24-202
81-14-202
. Applicability.
This part does not apply to a transfer of custody of a 
minor 
child by a parent or guardian 
of the 
minor 
child to:
(1)
a parent of the 
minor 
child;
(2)
a stepparent of the 
minor 
child;
(3)
an adult who is related to the 
minor 
child by blood, marriage, or adoption;
(4)
an adult who, at the time of the transfer, had a close relationship with the 
minor 
child or 
the parent or guardian of the 
minor 
child for a substantial period, and whom the parent 
or guardian reasonably believed, at the time of the transfer, to be a fit custodian of the 
minor 
child;
(5)
an Indian custodian, as defined in the Indian Child Welfare Act, 25 U.S.C. Sec. 1903, of 
the 
minor 
child; or
(6)
a member of the 
minor 
child's customary family unit recognized by the 
minor 
child's 
indigenous group.
Section 374, Section 
81-14-203
, which is renumbered from Section 78B-24-203 is renumbered 
and amended to read:
78B-24-203
81-14-203
. Prohibited custody transfer.
(1)
Except as provided in Subsection 
(2)
, a parent or guardian of a 
minor 
child, or an 
individual with whom a 
minor 
child has been placed for adoption, may not transfer 
custody of the 
minor 
child to another person with the intent, at the time of the transfer, 
to abandon the rights and responsibilities concerning the 
minor 
child.
(2)
A parent or guardian of a 
minor 
child or an individual with whom a 
minor 
child has 
been placed for adoption may transfer custody of the 
minor 
child to another person with 
the intent, at the time of the transfer, to abandon the rights and responsibilities 
concerning the 
minor 
child only through:
(a)
adoption or guardianship;
(b)
judicial award of custody;
(c)
placement by or through a child-placing agency;
(d)
other judicial or tribal action; or
(e)
safe relinquishment under 
Title 80, Chapter 4, Part 5, Safe Relinquishment of a 
Newborn Child
.
(3)
(a)
A person may not receive custody of a
 minor
 child, or act as an intermediary in a 
transfer of custody of a 
minor 
child, if the person knows or reasonably should know 
the transfer violates Subsection 
(1)
.
(b)
This subsection does not apply if the person as soon as practicable after the transfer, 
notifies the Division of Child and Family Services of the transfer or takes appropriate 
action to establish custody under Subsection 
(2)
.
(4)
A violation of this section is a class B misdemeanor.
(5)
A violation of Subsection 
(1)
 is not established solely because a parent or guardian that 
transfers custody of a 
minor 
child does not regain custody.
Section 375, Section 
81-14-204
, which is renumbered from Section 78B-24-204 is renumbered 
and amended to read:
78B-24-204
81-14-204
. Authority and responsibility of the Division of Child 
and Family Services.
(1)
If the Division of Child and Family Services has a reasonable basis to believe that a 
person has transferred or will transfer custody of a 
minor 
child in violation of Subsection 
78B-24-203(1)
81-14-203(1)
, the Division of Child and Family Services may conduct a 
home visit as provided by other law of this state and take appropriate action to protect 
the welfare of the 
minor 
child.
(2)
If the Division of Child and Family Services conducts a home visit for a 
minor 
child 
adopted or placed through an intercountry adoption, the Division of Child and Family 
Services shall:
(a)
prepare a report on the welfare and plan for permanent placement of the 
minor 
child; 
and
(b)
provide a copy of the report to the United States Department of State.
(3)
This chapter does not prevent the Division of Child and Family Services from taking 
appropriate action under law of this state.
Section 376, Section 
81-14-205
, which is renumbered from Section 78B-24-205 is renumbered 
and amended to read:
78B-24-205
81-14-205
. Prohibited soliciting or advertising.
(1)
A person may not solicit or advertise to:
(a)
find a person to which to make a transfer of custody in violation of Subsection 
78B-24-203(1)
81-14-203(1)
;
(b)
identify a 
minor 
child for a transfer of custody in violation of Subsection 
78B-24-203(3)
81-14-203(3)
; or
(c)
act as an intermediary in a transfer of custody in violation of Subsection 
78B-24-203(3)
81-14-203(3)
.
(2)
A violation of this section is a class B misdemeanor.
Section 377, Section 
81-14-301
, which is renumbered from Section 78B-24-301 is renumbered 
and amended to read:
3. Information and Guidance
78B-24-301
81-14-301
. Definitions for part.
As used in this part, "prospective adoptive parent" means an individual who has been 
approved or permitted under other law of this state to adopt a 
minor 
child.
Section 378, Section 
81-14-302
, which is renumbered from Section 78B-24-302 is renumbered 
and amended to read:
78B-24-302
81-14-302
. Scope.
This part applies to placement for adoption of a 
minor 
child who:
(1)
has been or is in foster or institutional care;
(2)
previously has been adopted in a state;
(3)
has been or is being adopted under the law of a foreign country;
(4)
has come or is coming to a state from a foreign country to be adopted;
(5)
is not a citizen of the United States;
(6)
has an attachment or trauma-related disorder; or
(7)
suffered from prenatal exposure to alcohol or drugs.
Section 379, Section 
81-14-303
, which is renumbered from Section 78B-24-303 is renumbered 
and amended to read:
78B-24-303
81-14-303
. General adoption information.
(1)
Within a reasonable time before a child-placing agency places a 
minor 
child for 
adoption with a prospective adoptive parent, the child-placing agency shall provide or 
cause to be provided to the prospective adoptive parent general adoption information.
(2)
The information under Subsection 
(1)
 shall address:
(a)
possible physical, mental, emotional, and behavioral issues concerning:
(i)
identity, loss, and trauma that a 
minor 
child might experience before, during, or 
after adoption; and
(ii)
a 
minor 
child leaving familiar ties and surroundings;
(b)
the effect that access to resources, including health insurance, might have on the 
ability of an adoptive parent to meet the needs of a 
minor 
child;
(c)
causes of disruption of an adoptive placement or dissolution of an adoption and 
resources available to help avoid disruption or dissolution; and
(d)
prohibitions under Sections 
78B-24-203
 and 
78B-24-205
81-14-203
 and 
81-14-205
.
Section 380, Section 
81-14-304
, which is renumbered from Section 78B-24-304 is renumbered 
and amended to read:
78B-24-304
81-14-304
. Information about a minor child.
(1)
(a)
Except as prohibited by other law of this state, within a reasonable time before a 
child-placing agency places a 
minor 
child for adoption with a prospective adoptive 
parent, the agency shall provide or cause to be provided to the prospective adoptive 
parent information specific to the 
minor 
child that is known or reasonably obtainable 
by the child-placing agency and material to the prospective adoptive parents 
informed decision to adopt the 
minor 
child.
(b)
The information under Subsection 
(1)(a)
 shall include:
(i)
the 
minor 
child's family, cultural, racial, religious, ethnic, linguistic, and 
educational background;
(ii)
the 
minor 
child's physical, mental, emotional, and behavioral health;
(iii)
circumstances that may adversely affect the 
minor 
child's physical, mental, 
emotional, or behavioral health;
(iv)
the 
minor 
child's medical history, including immunizations;
(v)
the medical history of the 
minor 
child's genetic parents and siblings;
(vi)
the history of an adoptive or out-of-home placement of the 
minor 
child and the 
reason the adoption or placement ended;
(vii)
the 
minor 
child's United States immigration status;
(viii)
medical, therapeutic, and educational resources, including language-acquisition 
training, available to the adoptive parent and 
minor 
child after placement or 
adoption to assist in responding effectively to physical, mental, emotional, or 
behavioral issues; and
(ix)
available records relevant to the information in Subsections 
(1)(b)(i)
 through 
(viii)
.
(2)
If, before an adoption is finalized, additional information under Subsection 
(1)
 that is 
material to a prospective adoptive parent's informed decision to adopt the 
minor 
child 
becomes known or reasonably obtainable by the child-placing agency, the child-placing 
agency shall provide the information to the prospective adoptive parent.
(3)
If, after an adoption is finalized, additional information under Subsection 
(1)
 becomes 
known to the child-placing agency, the child-placing agency shall make a reasonable 
effort to provide the information to the adoptive parent.
Section 381, Section 
81-14-305
, which is renumbered from Section 78B-24-305 is renumbered 
and amended to read:
78B-24-305
81-14-305
. Guidance and instruction.
(1)
A child-placing agency placing a 
minor 
child for adoption shall provide or cause to be 
provided to the prospective adoptive parent guidance and instruction specific to the 
minor 
child to help prepare the parent to respond effectively to needs of the child 
which
that
 are known or reasonably ascertainable by the child-placing agency.
(2)
The guidance and instruction under Subsection 
(1)
 shall address, if applicable:
(a)
the potential effect on the 
minor 
child of:
(i)
previous adoption or out-of-home placement;
(ii)
multiple previous adoptions or out-of-home placements;
(iii)
trauma, insecure attachment, fetal alcohol exposure, or malnutrition;
(iv)
neglect, abuse, drug exposure, or similar adversity;
(v)
separation from a sibling or significant caregiver; and
(vi)
a difference in ethnicity, race, or cultural identity between the 
minor 
child and 
the prospective adoptive parent or other 
minor 
child of the parent;
(b)
information available from the federal government on the process for the child to 
acquire United States citizenship; and
(c)
any other matter the child-placing agency considers material to the adoption.
(3)
The guidance and instruction under Subsection 
(1)
 shall be provided:
(a)
for adoption of a 
minor 
child residing in the United States, a reasonable time before 
the adoption is finalized; or
(b)
for an intercountry adoption, in accordance with federal law.
Section 382, Section 
81-14-306
, which is renumbered from Section 78B-24-306 is renumbered 
and amended to read:
78B-24-306
81-14-306
. Information about financial assistance and support 
services.
On request of a 
minor 
child who was placed for adoption or the 
minor 
child's adoptive 
parent, the child-placing agency placing the 
minor 
child or the Division of Child and Family 
Services shall provide information about how to obtain financial assistance or support services:
(1)
to assist the 
minor 
child or parent to respond effectively to adjustment, behavioral, and 
other challenges; and
(2)
to help preserve the placement or adoption.
Section 383, Section 
81-14-307
, which is renumbered from Section 78B-24-307 is renumbered 
and amended to read:
78B-24-307
81-14-307
. Child-placing agency compliance.
(1)
The Division of Licensing and Background Checks, created in Section 
26B-2-103
, may 
investigate an allegation that a child-placing agency has failed to comply with this part 
and commence an action for injunctive or other relief or initiate administrative 
proceedings against the child-placing agency to enforce this part.
(2)
(a)
The Office of Licensing may initiate a proceeding to determine whether a 
child-placing agency has failed to comply with this part.
(b)
If the Office of Licensing finds that the child-placing agency has failed to comply, 
the Office of Licensing may suspend or revoke the child-placing agency's license or 
take other action permitted by law of the state.
Section 384, Section 
81-14-308
, which is renumbered from Section 78B-24-308 is renumbered 
and amended to read:
78B-24-308
81-14-308
. Rulemaking by Division of Licensing and Background 
Checks.
The Division of Licensing and Background Checks, created in Section 
26B-2-103
, may 
adopt rules under Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to implement 
Sections 
78B-24-303
, 
78B-24-304
, 
78B-24-305
, and 
78B-24-306
81-14-303
, 
81-14-304
, 
81-14-305
, and 
81-14-306
.
Section 385, Section 
81-14-401
, which is renumbered from Section 78B-24-401 is renumbered 
and amended to read:
4. Applicability and Severability Provisions
78B-24-401
81-14-401
. Uniformity of application and construction.
In applying and construing this 
uniform act
chapter
, a court shall consider the 
promotion of uniformity of the law among jurisdictions that enact the uniform act.
Section 386, Section 
81-14-402
, which is renumbered from Section 78B-24-402 is renumbered 
and amended to read:
78B-24-402
81-14-402
. Relation to Electronic Signatures in Global and 
National Commerce Act.
This chapter modifies, limits, or supersedes the Electronic Signatures in Global and 
National Commerce Act, 15 U.S.C. Sec. 7001 et seq., but does not modify, limit, or supersede 
15 U.S.C. Sec. 7001(c), or authorize electronic delivery of any of the notices described in 15 
U.S.C. Sec. 7003(b).
Section 387, Section 
81-14-403
, which is renumbered from Section 78B-24-403 is renumbered 
and amended to read:
78B-24-403
81-14-403
. Transitional provisions.
(1)
Part 2, Prohibition of Unregulated Custody Transfer
, applies to:
(a)
a transfer of custody on or after May 4, 2022; and
(b)
soliciting or advertising on or after May 4, 2022.
(2)
Part 3, Information and Guidance
, applies to placement of a 
minor 
child for adoption 
more than 60 days after May 4, 2022.
Section 388, Section 
81-14-404
, which is renumbered from Section 78B-24-404 is renumbered 
and amended to read:
78B-24-404
81-14-404
. Severability.
If a provision of this chapter or the provision's application to a person or circumstance is 
held invalid, the invalidity does not affect another provision or application that can be given 
effect without the invalid provision.
Section 389, 
Repealer.
Title.
Compliance with the Interstate Compact on Placement of Children -- 
Compliance with the Indian Child Welfare Act.
Alien child -- Evidence of lawful admission to United States required.
Criminal sexual offenses.
Prospective adoptive parent not a resident -- Preplacement 
requirements.
Adoption by married persons -- Consent.
Relative ages.
Implied consent.
Qualifying circumstance.
Effect of out-of-state paternity adjudication, declaration, or 
acknowledgment.
Power of a minor to consent or relinquish.
Time period prior to birth mother's consent.
When consent or relinquishment effective.
Parents whose rights have been terminated.
Decree of adoption -- Best interest of child -- Legislative findings.
Name and status of adopted child.
Restrictions on disclosure of information -- Violations -- Penalty.
Title.
Title.
Title.
Title.
Protection of participants.
Determination of maternity.
Effect.
Obligation to provide address.
Limitation on recovery from the obligor.
Duty of attorney general and county attorney.
Default judgment.
Standard of proof.
Parent-time rights of father.
Social Security number in tribunal records.
Settlement agreements.
Title.
Title.
Section 390. 
Effective Date.
This bill takes effect on 
September 1, 2025
.
Section 391. 
Coordinating S.B. 119 with H.B. 329.
If S.B. 119, Domestic Relations Recodification, and H.B. 329, Homeless Services 
Amendments, both pass and become law, the Legislature intends that, on September 1, 2025, 
the reference in Subsection 
26B-2-104(1)(a)
(vi) be changed from "Subsection 
78B-6-106(3)
" 
to "Section 
81-13-104
.".
Section 392. 
Coordinating S.B. 119 with H.B. 129.
If S.B. 119, Domestic Relations Recodification, and H.B. 129, Adoption Records Access 
Amendments, both pass and become law, the Legislature intends that, on September 1, 2025:
(1) Subsection 
26B-8-125(7)
 be amended to read:
"
(7) The office shall make rules in accordance with Title 63G, Chapter 3, Utah 
Administrative Rulemaking Act, establishing procedures and the content of forms as follows:
(a) for the inspection of adoption documents under Subsection 
78B-6-141(4)
81-13-103(3)
;
(b) for a birth parent's election to permit identifying information about the birth parent to 
be made available, under Section 78B-6-141;
(c)
(b)
 for the release of information by the mutual-consent, voluntary adoption registry
, 
under Section 78B-6-144
 as described in Section 
81-13-504
;
(d)
(c)
 for collecting fees and donations under Section 
78B-6-144.5
81-13-505
; and
(e)
(d)
 for the review and approval of a request described in Subsection 
(3)(d).
(3)(c).";
(2) Section 
81-13-103
 (renumbered from Section 78B-6-141) in S.B. 119 be amended to 
read:
"
78B-6-141
81-13-103
. Court hearings -- Adoption documents -- Motion to intervene
.
(1)(a) Notwithstanding Section 
80-4-106
, 
court hearings in adoption cases may be closed 
to the public
the court may close to the public any court hearing regarding an adoption
 upon 
the 
request of a party to the 
adoption petition and upon court approval
petition for adoption
.
(b) In a closed hearing, 
the court may 
only
 admit
 the following individuals
 may be admitted
:
(i) a party to the proceeding;
(ii) the adoptee;
(iii) a representative of an agency having custody of the adoptee;
(iv) in a hearing to relinquish parental rights, the individual whose rights are to be 
relinquished and invitees of that individual to provide emotional support;
(v) in a hearing on the termination of parental rights, the individual whose rights may be 
terminated;
(vi) in a hearing on a petition to intervene, the proposed intervenor;
(vii) in a hearing to finalize an adoption, invitees of the petitioner; and
(viii) other individuals for good cause, upon order of the court.
(2) 
An
Except as provided in Subsections 
(3)
 through (7), an
 adoption document and any 
other documents filed in connection with a petition for adoption are sealed.
(3) The documents described in Subsection (2) may only be open to inspection and 
copying:
(a) in accordance with Subsection (5)(a), by a party to the adoption proceeding:
(i) while the proceeding is pending; or
(ii) within six months after the day on which the adoption decree is entered;
(b) subject to Subsection (5)(b), if a court enters an order permitting access to the 
documents by an individual who has appealed the denial of that individual's motion to 
intervene;
(c) upon order of the court expressly permitting inspection or copying, after good cause 
has been shown;
(d) as provided under Section 78B-6-144;
(e) when the adoption document becomes public on the one hundredth anniversary of the 
date the final decree of adoption was entered;
(f) when the birth certificate becomes public on the one hundredth anniversary of the date 
of birth;
(g) to a mature adoptee or a parent who adopted the mature adoptee, without a court order, 
unless the final decree of adoption is entered by the juvenile court under Subsection 
78B-6-115(3)(b); or
(h) to an adult adoptee, to the extent permitted under Subsection (4).
(4)(a) An adult adoptee that was born in the state may access an adoption document 
associated with the adult adoptee's adoption without a court order:
(i) to the extent that a birth parent consents under Subsection (4)(b); or
(ii) if the birth parents listed on the original birth certificate are deceased.
(b) A birth parent may:
(i) provide consent to allow the access described in Subsection (4)(a) by electing, 
electronically or on a written form provided by the office, allowing the birth parent to elect to:
(A) allow the office to provide the adult adoptee with the contact information of the birth 
parent that the birth parent indicates;
(B) allow the office to provide the adult adoptee with the contact information of an 
intermediary that the birth parent indicates;
(C) prohibit the office from providing any contact information to the adult adoptee;
(D) allow the office to provide the adult adoptee with a noncertified copy of the original 
birth certificate; and
(ii) at any time, file, electronically or on a written document with the office, to:
(A) change the election described in Subsection (4)(b); or
(B) elect to make other information about the birth parent, including an updated medical 
history, available for inspection by an adult adoptee.
(c) A birth parent may not access any identifying information or an adoption document 
under this Subsection (4).
(d) If two birth parents are listed on the original birth certificate and only one birth parent 
consents under Subsection (4)(b) or is deceased, the office may redact the name of the other 
birth parent.
(5)(a) An individual who files a motion to intervene in an adoption proceeding:
(i) is not a party to the adoption proceeding, unless the motion to intervene is granted; and
(ii) may not be granted access to the documents described in Subsection (2), unless the 
motion to intervene is granted.
(b) An order described in Subsection (3)(b) shall:
(i) prohibit the individual described in Subsection (3)(b) from inspecting a document 
described in Subsection (2) that contains identifying information of the adoptive or prospective 
adoptive parent; and
(ii) permit the individual described in Subsection (5)(b)(i) to review a copy of a document 
described in Subsection (5)(b)(i) after the identifying information described in Subsection 
(5)(b)(i) is redacted from the document.
(3) A person may only inspect and copy the documents described in Subsection (2):
(a) if the adoption proceeding is pending and the person is a party to the adoption 
proceeding;
(b) within 180 days after the day on which the final decree of adoption is entered if the 
person is a party to the adoption proceeding;
(c) if the court enters an order expressly permitting the inspection or copying the documents 
after the person filed a motion to intervene and the motion to intervene was granted on appeal;
(d) if the court enters an order expressly permitting the inspection or copying of the 
documents after good cause is shown;
(e) if the office is permitted to release the documents to the person as described in Section 
81-13-504
;
(f) when the documents becomes public 100 years after the day on which the final decree of 
adoption was entered;
(g) when the birth certificate becomes public 100 years after the day on which the adoptee 
was born; or
(h) if the person is permitted access to the documents under Subsection (6) or (7).
(4) A person who files a motion to intervene in an adoption proceeding:
(a) is not a party to the adoption proceeding, unless the motion to intervene is granted; and
(b) subject to Subsection (5), may not be granted access to the documents described in 
Subsection (2), unless the motion to intervene is granted.
(5) If the court enters an order under Subsection (3)(c) or a potential birth father is made a 
party to the adoption proceeding upon a motion to intervene, the court shall:
(a) prohibit the person described in Subsection (3)(c) or the potential birth father from 
inspecting a document described in Subsection (2) that contains identifying information of an 
adoptive or prospective adoptive parent; and
(b) permit the person described in Subsection (3)(c) or the potential birth father to review a 
copy of the document described in Subsection (5)(a) after the identifying information of the 
adoptive or prospective adoptive parent is redacted from the document.
(6) (a) A child adoptee, who is 18 years old or older, may access an adoption document 
associated with the child adoptee's adoption without a court order, unless there is a court order 
sealing the documents as described in this Subsection (6).
(b) For a birth parent of a child adoptee, the birth parent may bring a petition in a court 
before the child adoptee reaches 18 years old to keep the documents described in Subsection 
(2) sealed for 10 years after the day on which the child adoptee reaches 18 years old.
(c) If the court grants a birth parent's petition under Subsection (6)(b), the birth parent may 
bring a petition, every 10 years and before the court order expires, to keep the documents 
sealed for an additional 10 years.
(d) The court may only grant a petition under Subsection (6)(b) or (6)(c) if:
(i) access to the documents described in Subsection (2) would place the birth parent in 
reasonable fear of harm; or
(ii) there is good cause to prevent access to the documents described in Subsection (2) that 
is similar to the good cause described in Subsection (6)(d)(i).
(7) An adult adoptee, or the adoptive parent of the adult adoptee, may inspect an adoption 
document associated with the adult adoptee's adoption without a court order, unless the final 
decree of adoption is entered by the juvenile court.
(8) A pre-existing parent may not access the documents described in Subsection (2)."; and
(3) the changes to Section 
78B-6-141
 in H.B. 129 not be made.
Section 393. 
Coordinating S.B. 119 with H.B. 21.
If S.B. 119, Domestic Relations Recodification, and H.B. 21, Criminal Code 
Recodification and Cross References, both pass and become law, the Legislature intends that, 
on September 1, 2025, Section 
81-13-201
 in S.B. 119 be amended to read:
"
81-13-201
. Definitions for part
.
As used in this part:
(1) "Sexual offense" means:
(a) an offense described in Title 76, Chapter 5, Part 4, Sexual Offenses; or
(b) an offense under the laws of the state where the minor child was conceived that is 
substantially similar to an offense described in Title 76, Chapter 5, Part 4, Sexual Offenses.
(2) "Sexual offense" does not include:
(a) an offense described in Section 
76-5-417
, 
76-5-418
, 
76-5-419
, or 
76-5-420
; or
(b) an offense under the laws of the state where the minor child was conceived that is 
substantially similar to an offense described in Section 
76-5-417
, 
76-5-418
, 
76-5-419
, or 
76-5-420
.".
Section 394. 
Coordinating S.B. 119 with H.B. 141.
If S.B. 119, Domestic Relations Recodification, and H.B. 141, Adoption Modifications, 
both pass and become law, the Legislature intends that, on September 1, 2025, Subsection 
81-13-403(1)(c)
(i)
 (renumbered from Section 78B-6-128) in S.B. 119 be amended to read:
"
(c)(i) 
Unless the court otherwise requests the preplacement adoption evaluation, 
Subsection (1)(a) does not apply if
:
(A)
 a 
pre-existing parent
birth parent
 has legal custody of the 
child to be adopted
adoptee
and the prospective adoptive parent is related to 
that child
the adoptee
 or the 
pre-existing 
parent
birth parent
 as a stepparent, sibling by half or whole blood or by adoption, grandparent, 
aunt, uncle, or first cousin
, unless the court otherwise requests the preplacement adoption.
;
(B) a birth parent has or had legal custody of the adoptee, the prospective adoptive parent 
was previously married to the birth parent, and the prospective adoptive parent has lived with 
the adoptee for at least 180 days before the day on which the petition for adoption was filed; or
(C) the adoptee has lived in the adoptive home with the prospective adoptive parent for at 
least one year before the day on which the petition for adoption was filed and the court finds 
that the adoption is in the best interest of the adoptee.".
Section 395. 
Coordinating S.B. 119 with H.B. 283.
If S.B. 119, Domestic Relations Recodification, and H.B. 283, Child and Family 
Services Amendments, both pass and become law, the Legislature intends that, on September 
1, 2025, Subsection 
80-2-1005(1)(e)
 be amended to read:
"
(e) the subject of the report, the 
natural 
parents of the child,
 an individual who has been 
awarded permanent custody and guardianship of the child,
 and the guardian ad litem;
".
3-12-25 2:16 PM