Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 177 (2025GS)

Sponsor

Sen. Harper, Wayne A.

Final action

Governor Signed 3/26/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• creates a process by which a child in the state's custody may use a Division of Child and Family Services' address for purposes of a driver license;
• amends definitions for the Juvenile Code;
• amends provisions regarding the time and circumstances under which a person may seek review of certain child abuse or neglect findings;
• addresses the evidence that a juvenile court shall hear at a shelter hearing;
• addresses what a juvenile court considers when determining whether reunification services are appropriate; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

46
26B-1-211
26B-2-120
26B-2-121
26B-2-240
53-2d-410
53-3-104
78A-6-103
80-1-102
80-2-707
80-2-708
80-2-1002
80-2-1003
80-2-1004
80-3-301
80-3-404
80-3-406
80-3-504
26B-1-211
26B-2-120
26B-2-121
26B-2-240
53-2d-410
53-3-104
78A-6-103
80-1-102
80-2-707
80-2-708
80-2-1002
80-2-1003
80-2-1004
80-3-301
80-3-404
80-3-406
80-3-504
0
Child Welfare Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Wayne A. Harper
House Sponsor: Christine F. Watkins
LONG TITLE
General Description:
This bill amends provisions related to child safety and welfare.
Highlighted Provisions:
This bill:
creates a process by which a child in the state's custody may use a Division of Child and 
Family Services' address for purposes of a driver license;
amends definitions for the Juvenile Code;
amends provisions regarding the time and circumstances under which a person may seek 
review of certain child abuse or neglect findings;
addresses the evidence that a juvenile court shall hear at a shelter hearing;
addresses what a juvenile court considers when determining whether reunification 
services are appropriate; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
26B-1-211
, as renumbered and amended by Laws of Utah 2022, Chapter 255
26B-2-120
, as last amended by Laws of Utah 2024, Chapter 234
26B-2-121
, as renumbered and amended by Laws of Utah 2023, Chapter 305
26B-2-240
, as last amended by Laws of Utah 2024, Chapter 310
53-2d-410
, as last amended by Laws of Utah 2024, Chapter 147
53-3-104
, as last amended by Laws of Utah 2024, Chapter 106
78A-6-103
, as last amended by Laws of Utah 2024, Chapter 366
80-1-102
, as last amended by Laws of Utah 2024, Chapter 256
80-2-707
, as renumbered and amended by Laws of Utah 2022, Chapter 334
80-2-708
, as renumbered and amended by Laws of Utah 2022, Chapter 334
80-2-1002
, as last amended by Laws of Utah 2024, Chapter 147
80-2-1003
, as renumbered and amended by Laws of Utah 2022, Chapter 334
80-2-1004
, as last amended by Laws of Utah 2023, Chapter 184
80-3-301
, as last amended by Laws of Utah 2023, Chapter 309
80-3-404
, as last amended by Laws of Utah 2023, Chapters 310, 330
80-3-406
, as last amended by Laws of Utah 2023, Chapter 320
80-3-504
, as last amended by Laws of Utah 2023, Chapters 310, 330
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
26B-1-211
 is amended to read:
26B-1-211
. Background checks for employees -- Access to abuse and neglect 
information to screen employees and volunteers.
(1)
As used in this section, "bureau" means the Bureau of Criminal Identification created in 
Section 
53-10-201
.
(2)
Beginning July 1, 2018, the department may require a fingerprint-based local, regional, 
and national criminal history background check and ongoing monitoring of:
(a)
all staff, contracted employees, and volunteers who:
(i)
have access to protected health information or personal identifying information;
(ii)
have direct access to patients, children, or vulnerable adults as defined in Section 
26B-2-101
;
(iii)
work in areas of privacy and data security;
(iv)
handle financial information, including receipt of funds, reviewing invoices, 
making payments, and other types of financial information; and
(v)
perform audit functions, whether internal or external, on behalf of the department; 
and
(b)
job applicants who have been offered a position with the department and the job 
requirements include those described in Subsection 
(2)(a)
.
(3)
Beginning July 1, 2022, for the purposes described in Subsection 
(2)
, the department 
may also access:
(a)
the department's Management Information System created in Section 
80-2-1001
;
(b)
the department's Licensing Information System created in Section 
80-2-1002
;
(c)
the statewide database of the Division of Aging and Adult Services created by 
Section 
26B-6-210
; and
(d)
juvenile court records under Subsection 
80-3-404(4)
 or 
80-3-504(6)
.
(4)
Each individual in a position listed in Subsection 
(2)
 shall provide a completed 
fingerprint card to the department upon request.
(5)
The department shall require that an individual required to submit to a background 
check under Subsection 
(4)
 provide a signed waiver on a form provided by the 
department that meets the requirements of Subsection 
53-10-108(4)
.
(6)
For a noncriminal justice background search and registration in accordance with 
Subsection 
53-10-108(13)
, the department shall submit to the bureau:
(a)
the applicant's personal identifying information and fingerprints for a criminal 
history search of applicable local, regional, and national databases; and
(b)
a request for all information received as a result of the local, regional, and 
nationwide background check.
(7)
The department is responsible for the payment of all fees required by Subsection 
53-10-108(15)
 and any fees required to be submitted to the Federal Bureau of 
Investigation by the bureau.
(8)
The department may make rules in accordance with 
Title 63G, Chapter 3, Utah 
Administrative Rulemaking Act
, that:
(a)
determine how the department will assess the employment status of an individual 
upon receipt of background information;
(b)
determine when an individual would be disqualified from holding a position based 
on:
(i)
the type of crimes and the severity of those crimes; or
(ii)
one or more substantiated or supported findings of abuse, neglect, or exploitation; 
and
(c)
identify the appropriate privacy risk mitigation strategy to be used in accordance 
with Subsection 
53-10-108(13)(b)
.
Section 2, Section 
26B-2-120
 is amended to read:
26B-2-120
. Background check -- Direct access to children or vulnerable adults.
(1)
As used in this section:
(a)
(i)
"Applicant" means an individual who is associated with a certification, 
contract, or licensee with the department under this part and has direct access, 
including:
(A)
an adoptive parent or prospective adoptive parent, including an applicant for 
an adoption in accordance with Section 
78B-6-128
;
(B)
a foster parent or prospective foster parent;
(C)
an individual who provides respite care to a foster parent or an adoptive parent 
on more than one occasion;
(D)
an individual who transports a child for a youth transportation company;
(E)
an individual who provides certified peer support, as defined in Section 
26B-5-610
;
(F)
an individual who provides peer supports, has a disability or a family member 
with a disability, or is in recovery from a mental illness or a substance use 
disorder;
(G)
an individual who has lived experience with the services provided by the 
department, and uses that lived experience to provide support, guidance, or 
services to promote resiliency and recovery;
(H)
an individual who is identified as a mental health professional, licensed under 
Title 58, Chapter 60, Mental Health Professional Practice Act, and engaged in 
the practice of mental health therapy, as defined in Section 
58-60-102
;
(I)
an individual, other than the child or vulnerable adult receiving the service, 
who is 12 years old or older and resides in a home, that is licensed or certified 
by the division;
(J)
an individual who is 12 years old or older and is associated with a certification, 
contract, or licensee with the department under this part and has or will likely 
have direct access;
(K)
a foster home licensee that submits an application for an annual background 
screening as required by Subsection 
26B-2-105(4)(d)(iii)
; or
(L)
a short-term relief care provider.
(ii)
"Applicant" does not include:
(A)
an individual who is in the custody of the Division of Child and Family 
Services or the Division of Juvenile Justice and Youth Services;
(B)
an individual who applies for employment with, or is employed by, the 
Department of Health and Human Services;
(C)
a parent of a person receiving services from the Division of Services for 
People with Disabilities, if the parent provides direct care to and resides with 
the person, including if the parent provides direct care to and resides with the 
person pursuant to a court order; or
(D)
an individual or a department contractor who provides services in an adults 
only substance use disorder program, as defined by rule adopted by the 
Department of Health and Human Services in accordance with Title 63G, 
Chapter 3, Utah Administrative Rulemaking Act, and who is not a program 
director or a member, as defined by Section 
26B-2-105
, of the program.
(b)
"Application" means a background check application to the office.
(c)
"Bureau" means the Bureau of Criminal Identification within the Department of 
Public Safety, created in Section 
53-10-201
.
(d)
"Criminal finding" means a record of:
(i)
an arrest for a criminal offense; 
(ii)
a warrant for a criminal arrest;
(iii)
charges for a criminal offense; or
(iv)
a criminal conviction.
(e)
"Direct access" means that an individual has, or likely will have:
(i)
contact with or access to a child or vulnerable adult by which the individual will 
have the opportunity for personal communication or touch with the child or 
vulnerable adult; or
(ii)
an opportunity to view medical, financial, or other confidential personal 
identifying information of the child, the child's parent or legal guardian, or the 
vulnerable adult.
(f)
(i)
"Direct access qualified" means that the applicant has an eligible determination 
by the office within the license and renewal time period; and
(ii)
no more than 180 days have passed since the date on which the applicant's 
association with a certification, contract, or licensee with the department expires.
(g)
"Incidental care" means occasional care, not in excess of five hours per week and 
never overnight, for a foster child. 
(h)
"Licensee" means an individual or a human services program licensed by the 
division.
(i)
"Non-criminal finding" means a record maintained in:
(i)
the Division of Child and Family Services' Management Information System 
described in Section 
80-2-1001
;
(ii)
the Division of Child and Family Services' Licensing Information System 
described in Section 
80-2-1002
;
(iii)
the Division of Aging and Adult Services' vulnerable adult abuse, neglect, or 
exploitation database described in Section 
26B-6-210
;
(iv)
juvenile court arrest, adjudication, and disposition records;
(v)
the Sex, Kidnap, and Child Abuse Offender Registry described in Title 77, 
Chapter 41, Sex, Kidnap, and Child Abuse Offender Registry, or a national sex 
offender registry; or
(vi)
a state child abuse or neglect registry.
(j)
"Office" means the Office of Background Processing within the department.
(k)
"Personal identifying information" means:
(i)
current name, former names, nicknames, and aliases;
(ii)
date of birth;
(iii)
physical address and email address;
(iv)
telephone number;
(v)
driver license or other government-issued identification;
(vi)
social security number;
(vii)
only for applicants who are 18 years old or older, fingerprints, in a form 
specified by the office; and
(viii)
other information specified by the office by rule made in accordance with Title 
63G, Chapter 3, Utah Administrative Rulemaking Act.
(2)
Except as provided in Subsection (12), an applicant or a representative shall submit the 
following to the office:
(a)
personal identifying information;
(b)
a fee established by the office under Section 
63J-1-504
;
(c)
a disclosure form, specified by the office, for consent for:
(i)
an initial background check upon association with a certification, contract, or 
licensee with the department;
(ii)
ongoing monitoring of fingerprints and registries until no longer associated with a 
certification, contract, or licensee with the department for 180 days;
(iii)
a background check when the office determines that reasonable cause exists; and
(iv)
retention of personal identifying information, including fingerprints, for 
monitoring and notification as described in Subsections (3)(c) and (4);
(d)
if an applicant resided outside of the United States and its territories during the five 
years immediately preceding the day on which the information described in 
Subsections (2)(a) through (c) is submitted to the office, documentation establishing 
whether the applicant was convicted of a crime during the time that the applicant 
resided outside of the United States or its territories; and
(e)
an application showing an applicant's association with a certification, contract, or a 
licensee with the department, for the purpose of the office tracking the direct access 
qualified status of the applicant, which expires 180 days after the date on which the 
applicant is no longer associated with a certification, contract, or a licensee with the 
department.
(3)
The office:
(a)
shall perform the following duties as part of a background check of an applicant 
before the office grants or denies direct access qualified status to an applicant:
(i)
check state and regional criminal background databases for the applicant's 
criminal history by:
(A)
submitting personal identifying information to the bureau for a search; or
(B)
using the applicant's personal identifying information to search state and 
regional criminal background databases as authorized under Section 
53-10-108
;
(ii)
submit the applicant's personal identifying information and fingerprints to the 
bureau for a criminal history search of applicable national criminal background 
databases;
(iii)
search the Division of Child and Family Services' Licensing Information System 
described in Section 
80-2-1002
;
(iv)
search the Sex, Kidnap, and Child Abuse Offender Registry described in Title 
77, Chapter 41, Sex, Kidnap, and Child Abuse Offender Registry, or a national 
sex offender registry for an applicant 18 years old or older;
(v)
if the applicant is associated with a licensee for a prospective foster or adoptive 
parent, search the Division of Child and Family Services' Management 
Information System described in Section 
80-2-1001
;
(vi)
search the Division of Aging and Adult Services' vulnerable adult abuse, neglect, 
or exploitation database described in Section 
26B-6-210
;
(vii)
search the juvenile court records for substantiated findings of severe child abuse 
or neglect described in Section 
80-3-404
 or 
80-3-504
; and
(viii)
search the juvenile court arrest, adjudication, and disposition records, as 
provided under Section 
78A-6-209
;
(b)
may conduct all or portions of a background check in connection with determining 
whether an applicant is direct access qualified, as provided by rule, made by the 
office in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act:
(i)
for an annual renewal; or
(ii)
when the office determines that reasonable cause exists;
(c)
may submit an applicant's personal identifying information, including fingerprints, to 
the bureau for checking, retaining, and monitoring of state and national criminal 
background databases and for notifying the office of new criminal activity associated 
with the applicant;
(d)
shall track the status of an applicant under this section to ensure that the applicant is 
not required to duplicate the submission of the applicant's fingerprints if the applicant 
is associated with more than one certification, contract, or licensee with the 
department;
(e)
shall notify the bureau when a direct access qualified individual has not been 
associated with a certification, contract, or licensee with the department for a period 
of 180 days;
(f)
shall adopt measures to strictly limit access to personal identifying information solely 
to the individuals responsible for processing and entering the applications for 
background checks and to protect the security of the personal identifying information 
the office reviews under this Subsection (3);
(g)
as necessary to comply with the federal requirement to check a state's child abuse 
and neglect registry regarding any applicant working in a congregate care program, 
shall:
(i)
search the Division of Child and Family Services' Licensing Information System 
described in Section 
80-2-1002
; and
(ii)
require the child abuse and neglect registry be checked in each state where an 
applicant resided at any time during the five years immediately preceding the day 
on which the application is submitted to the office; and
(h)
shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative 
Rulemaking Act, to implement the provisions of this Subsection (3) relating to 
background checks.
(4)
(a)
With the personal identifying information the office submits to the bureau under 
Subsection (3), the bureau shall check against state and regional criminal background 
databases for the applicant's criminal history.
(b)
With the personal identifying information and fingerprints the office submits to the 
bureau under Subsection (3), the bureau shall check against national criminal 
background databases for the applicant's criminal history.
(c)
Upon direction from the office, and with the personal identifying information and 
fingerprints the office submits to the bureau under Subsection (3)(c), the bureau shall:
(i)
maintain a separate file of the fingerprints for search by future submissions to the 
local and regional criminal records databases, including latent prints; and
(ii)
monitor state and regional criminal background databases and identify criminal 
activity associated with the applicant.
(d)
The bureau is authorized to submit the fingerprints to the Federal Bureau of 
Investigation Next Generation Identification System, to be retained in the Federal 
Bureau of Investigation Next Generation Identification System for the purpose of:
(i)
being searched by future submissions to the national criminal records databases, 
including the Federal Bureau of Investigation Next Generation Identification 
System and latent prints; and
(ii)
monitoring national criminal background databases and identifying criminal 
activity associated with the applicant.
(e)
The 
Bureau
bureau
 shall notify and release to the office all information of criminal 
activity associated with the applicant.
(f)
Upon notice that an individual who has direct access qualified status will no longer 
be associated with a certification, contract, or licensee with the department, the 
bureau shall:
(i)
discard and destroy any retained fingerprints; and
(ii)
notify the Federal Bureau of Investigation when the license has expired or an 
individual's direct access to a child or a vulnerable adult has ceased, so that the 
Federal Bureau of Investigation will discard and destroy the retained fingerprints 
from the Federal Bureau of Investigation Next Generation Identification System.
(5)
(a)
Except as provided in Subsection (5)(b), the office shall deny direct access 
qualified status to an applicant who, within three years from the date on which the 
office conducts the background check, was convicted of:
(i)
a felony or misdemeanor involving conduct that constitutes any of the following:
(A)
an offense identified as domestic violence, lewdness, voyeurism, battery, 
cruelty to animals, or bestiality;
(B)
a violation of any pornography law, including sexual exploitation of a minor 
or aggravated sexual exploitation of a minor;
(C)
sexual solicitation or prostitution;
(D)
a violent offense committed in the presence of a child, as described in Section 
76-3-203.10
;
(E)
an offense included in Title 76, Chapter 4, Part 4, Enticement of a Minor;
(F)
an offense included in Title 76, Chapter 5, Offenses Against the Individual;
(G)
an offense included in Title 76, Chapter 5b, Sexual Exploitation Act;
(H)
an offense included in Title 76, Chapter 7, Offenses Against the Family;
(I)
an offense included in Title 76, Chapter 9, Part 4, Offenses Against Privacy;
(J)
an offense included in Title 76, Chapter 10, Part 4, Weapons of Mass 
Destruction;
(K)
an offense included in Title 78B, Chapter 7, Protective Orders and Stalking 
Injunctions;
(L)
aggravated arson, as described in Section 
76-6-103
;
(M)
aggravated burglary, as described in Section 
76-6-203
;
(N)
aggravated exploitation of prostitution, as described in Section 
76-10-1306
;
(O)
aggravated robbery, as described in Section 
76-6-302
;
(P)
endangering persons in a human services program, as described in Section 
26B-2-113
;
(Q)
failure to report, as described in Section 
80-2-609
;
(R)
identity fraud crime, as described in Section 
76-6-1102
;
(S)
leaving a child unattended in a motor vehicle, as described in Section 
76-10-2202
;
(T)
riot, as described in Section 
76-9-101
;
(U)
sexual battery, as described in Section 
76-9-702.1
; or
(V)
threatening with or using a dangerous weapon in a fight or quarrel, as 
described in Section 
76-10-506
; or
(ii)
a felony or misdemeanor offense committed outside of the state that, if committed 
in the state, would constitute a violation of an offense described in Subsection 
(5)(a)(i).
(b)
(i)
Subsection (5)(a) does not apply to an applicant who is seeking a position as a 
peer support provider or a mental health professional, if the applicant provides 
services in a program that serves only adults with a primary mental health 
diagnosis, with or without a co-occurring substance use disorder.
(ii)
The office shall conduct a comprehensive review of an applicant described in 
Subsection (5)(b)(i) in accordance with Subsection (7).
(c)
The office shall deny direct access qualified status to an applicant if the office finds 
that a court order prohibits the applicant from having direct access to a child or 
vulnerable adult.
(6)
The office shall conduct a comprehensive review of an applicant's background check if 
the applicant:
(a)
has a felony or class A misdemeanor conviction that is more than three years from 
the date on which the office conducts the background check, for an offense described 
in Subsection 
(5)(a)
;
(b)
has a felony charge or conviction that is no more than 10 years from the date on 
which the office conducts the background check for an offense not described in 
Subsection (5)(a);
(c)
has a felony charge or conviction that is more than 10 years from the date on which 
the office conducts the background check, for an offense not described in Subsection 
(5)(a)
, with criminal or non-criminal findings after the date of the felony charge or 
conviction;
(d)
has a class B misdemeanor or class C misdemeanor conviction that is more than 
three years and no more than 10 years from the date on which the office conducts the 
background check for an offense described in Subsection 
(5)(a)
;
(e)
has a class B misdemeanor or class C misdemeanor conviction that is more than 10 
years from the date on which the office conducts the background check, for an 
offense described in Subsection 
(5)(a)
, with criminal or non-criminal findings after 
the date of conviction;
(f)
has a misdemeanor charge or conviction that is no more than three years from the 
date on which the office conducts the background check for an offense not described 
in Subsection (5)(a);
(g)
has a misdemeanor charge or conviction that is more than three years from the date 
on which the office conducts the background check, for an offense not described in 
Subsection 
(5)
(a), with criminal or non-criminal findings after the date of charge or 
conviction;
(h)
is currently subject to a plea in abeyance or diversion agreement for an offense 
described in Subsection (5)(a);
(i)
appears on the Sex, Kidnap, and Child Abuse Offender Registry described in Title 
77, Chapter 41, Sex, Kidnap, and Child Abuse Offender Registry, or a national sex 
offender registry;
(j)
has a record of an adjudication in juvenile court for an act that, if committed by an 
adult, would be a felony or misdemeanor, if the applicant is:
(i)
under 28 years old; or
(ii)
28 years old or older and has been convicted of, has pleaded no contest to, or is 
currently subject to a plea in abeyance or diversion agreement for a felony or a 
misdemeanor offense described in Subsection (5)(a);
(k)
has a pending charge for an offense described in Subsection (5)(a);
(l)
has a listing that occurred no more than 15 years from the date on which the office 
conducts the background check in the Division of Child and Family Services' 
Licensing Information System described in Section 
80-2-1002
;
(m)
has a listing that occurred more than 15 years from the date on which the office 
conducts the background check in the Division of Child and Family Services' 
Licensing Information System described in Section 
80-2-1002
, with criminal or 
non-criminal findings after the date of the listing;
(n)
has a listing that occurred no more than 15 years from the date on which the office 
conducts the background check in the Division of Aging and Adult Services' 
vulnerable adult abuse, neglect, or exploitation database described in Section 
26B-6-210
;
(o)
has a listing that occurred more than 15 years from the date on which the office 
conducts the background check in the Division of Aging and Adult Services' 
vulnerable adult abuse, neglect, or exploitation database described in Section 
26B-6-210
, with criminal or non-criminal findings after the date of the listing;
(p)
has a substantiated finding that occurred no more than 15 years from the date on 
which the office conducts the background check of severe child abuse or neglect 
under Section 
80-3-404
 or 
80-3-504
; or
(q)
has a substantiated finding that occurred more than 15 years from the date on which 
the office conducts the background check of severe child abuse or neglect under 
Section 
80-3-404
 or 
80-3-504
, with criminal or non-criminal findings after the date of 
the listing.
(7)
(a)
The comprehensive review shall include an examination of:
(i)
the date of the offense or incident;
(ii)
the nature and seriousness of the offense or incident;
(iii)
the circumstances under which the offense or incident occurred;
(iv)
the age of the perpetrator when the offense or incident occurred;
(v)
whether the offense or incident was an isolated or repeated incident;
(vi)
whether the offense or incident directly relates to abuse of a child or vulnerable 
adult, including:
(A)
actual or threatened, nonaccidental physical, mental, or financial harm;
(B)
sexual abuse;
(C)
sexual exploitation; or
(D)
negligent treatment;
(vii)
any evidence provided by the applicant of rehabilitation, counseling, psychiatric 
treatment received, or additional academic or vocational schooling completed;
(viii)
the applicant's risk of harm to clientele in the program or in the capacity for 
which the applicant is applying; and
(ix)
if the background check of an applicant is being conducted for the purpose of 
giving direct access qualified status to an applicant seeking a position in a 
congregate care program or to become a prospective foster or adoptive parent, any 
listing in the Division of Child and Family Services' Management Information 
System described in Section 
80-2-1001
.
(b)
At the conclusion of the comprehensive review, the office shall deny direct access 
qualified status to an applicant if the office finds the approval would likely create a 
risk of harm to a child or vulnerable adult.
(8)
The office shall grant direct access qualified status to an applicant who is not denied 
under this section.
(9)
(a)
The office may conditionally grant direct access qualified status to an applicant, 
for a maximum of 60 days after the day on which the office sends written notice, 
without requiring that the applicant be directly supervised, if the office:
(i)
is awaiting the results of the criminal history search of national criminal 
background databases; and
(ii)
would otherwise grant direct access qualified status to the applicant under this 
section.
(b)
The office may conditionally grant direct access qualified status to an applicant, for a 
maximum of one year after the day on which the office sends written notice, without 
requiring that the applicant be directly supervised if the office:
(i)
is awaiting the results of an out-of-state registry for providers other than foster and 
adoptive parents; and
(ii)
would otherwise grant direct access qualified status to the applicant under this 
section.
(c)
Upon receiving the results of the criminal history search of a national criminal 
background database, the office shall grant or deny direct access qualified status to 
the applicant in accordance with this section.
(10)
(a)
Each time an applicant is associated with a licensee, the department shall review 
the current status of the applicant's background check to ensure the applicant is still 
eligible for direct access qualified status in accordance with this section.
(b)
A licensee may not permit an individual to have direct access to a child or a 
vulnerable adult without being directly supervised unless:
(i)
the individual is the parent or guardian of the child, or the guardian of the 
vulnerable adult;
(ii)
the individual is approved by the parent or guardian of the child, or the guardian 
of the vulnerable adult, to have direct access to the child or the vulnerable adult;
(iii)
the individual is only permitted to have direct access to a vulnerable adult who 
voluntarily invites the individual to visit; or
(iv)
the individual only provides incidental care for a foster child on behalf of a foster 
parent who has used reasonable and prudent judgment to select the individual to 
provide the incidental care for the foster child. 
(c)
Notwithstanding any other provision of this section, an applicant who is denied direct 
access qualified status shall not have direct access to a child or vulnerable adult 
unless the office grants direct access qualified status to the applicant through a 
subsequent application in accordance with this section.
(11)
If the office denies direct access qualified status to an applicant, the applicant may 
request a hearing in the department's Office of Administrative Hearings to challenge the 
office's decision.
(12)
(a)
This Subsection 
(12)
 applies to an applicant associated with a certification, 
contract, or licensee serving adults only.
(b)
A program director or a member, as defined in Section 
26B-2-105
, of the licensee 
shall comply with this section.
(c)
The office shall conduct a comprehensive review for an applicant if:
(i)
the applicant is seeking a position:
(A)
as a peer support provider;
(B)
as a mental health professional; or
(C)
in a program that serves only adults with a primary mental health diagnosis, 
with or without a co-occurring substance use disorder; and
(ii)
within three years from the date on which the office conducts the background 
check, the applicant has a felony or misdemeanor charge or conviction or a 
non-criminal finding.
(13)
(a)
This Subsection 
(13)
 applies to an applicant seeking a position in a congregate 
care program, an applicant seeking to provide a prospective foster home, an applicant 
seeking to provide a prospective adoptive home, and each adult living in the home of 
the prospective foster or prospective adoptive home.
(b)
As federally required, the office shall:
(i)
check the child abuse and neglect registry in each state where each applicant 
resided in the five years immediately preceding the day on which the applicant 
applied to be a foster or adoptive parent, to determine whether the prospective 
foster or adoptive parent is listed in the registry as having a substantiated or 
supported finding of child abuse or neglect; and
(ii)
except for applicants seeking a position in a congregate care program, check the 
child abuse and neglect registry in each state where each adult living in the home 
of the prospective foster or adoptive home resided in the five years immediately 
preceding the day on which the applicant applied to be a foster 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.
(c)
The requirements described in Subsection (13)(b) do not apply to the extent that:
(i)
federal law or rule permits otherwise; or
(ii)
the requirements would prohibit the Division of Child and Family Services or a 
court from placing a child with:
(A)
a noncustodial parent under Section 
80-2a-301
, 
80-3-302
, or 
80-3-303
; or
(B)
a relative, other than a noncustodial parent, under Section 
80-2a-301
, 
80-3-302
, 
or 
80-3-303
, pending completion of the background check described in 
Subsections (5), (6), and (7).
(d)
Notwithstanding Subsections (5) through (10), the office shall deny direct access 
qualified status if the applicant has been convicted of:
(i)
a felony involving conduct that constitutes any of the following:
(A)
child abuse, as described in Sections 
76-5-109
, 
76-5-109.2
, and 
76-5-109.3
;
(B)
commission of domestic violence in the presence of a child, as described in 
Section 
76-5-114
;
(C)
abuse or neglect of a child with a disability, as described in Section 
76-5-110
;
(D)
intentional aggravated abuse of a vulnerable adult, as described in Section 
76-5-111
;
(E)
endangerment of a child or vulnerable adult, as described in Section 
76-5-112.5
;
(F)
aggravated murder, as described in Section 
76-5-202
;
(G)
murder, as described in Section 
76-5-203
;
(H)
manslaughter, as described in Section 
76-5-205
;
(I)
child abuse homicide, as described in Section 
76-5-208
;
(J)
homicide by assault, as described in Section 
76-5-209
;
(K)
kidnapping, as described in Section 
76-5-301
;
(L)
child kidnapping, as described in Section 
76-5-301.1
;
(M)
aggravated kidnapping, as described in Section 
76-5-302
;
(N)
human trafficking of a child, as described in Section 
76-5-308.5
;
(O)
an offense described in Title 76, Chapter 5, Part 4, Sexual Offenses;
(P)
sexual exploitation of a minor, as described in Title 76, Chapter 5b, Sexual 
Exploitation Act;
(Q)
aggravated exploitation of a minor, as described in Section 
76-5b-201.1
;
(R)
aggravated arson, as described in Section 
76-6-103
;
(S)
aggravated burglary, as described in Section 
76-6-203
;
(T)
aggravated robbery, as described in Section 
76-6-302
;
(U)
lewdness involving a child, as described in Section 
76-9-702.5
;
(V)
incest, as described in Section 
76-7-102
; or
(W)
domestic violence, as described in Section 
77-36-1
; or
(ii)
an offense committed outside the state that, if committed in the state, would 
constitute a violation of an offense described in Subsection (13)(d)(i).
(e)
Notwithstanding Subsections (5) through (10), the office shall deny direct access 
qualified status to an applicant if, within the five years from the date on which the 
office conducts the background check, the applicant was convicted of a felony 
involving conduct that constitutes a violation of any of the following:
(i)
aggravated assault, as described in Section 
76-5-103
;
(ii)
aggravated assault by a prisoner, as described in Section 
76-5-103.5
;
(iii)
mayhem, as described in Section 
76-5-105
;
(iv)
an offense described in Title 58, Chapter 37, Utah Controlled Substances Act;
(v)
an offense described in Title 58, Chapter 37a, Utah Drug Paraphernalia Act;
(vi)
an offense described in Title 58, Chapter 37b, Imitation Controlled Substances 
Act;
(vii)
an offense described in Title 58, Chapter 37c, Utah Controlled Substance 
Precursor Act; or
(viii)
an offense described in Title 58, Chapter 37d, Clandestine Drug Lab Act.
(f)
In addition to the circumstances described in Subsection (6), the office shall conduct 
a comprehensive review of an applicant's background check under this section if the 
applicant:
(i)
has an offense described in Subsection 
(5)(a)
;
(ii)
has an infraction conviction entered on a date that is no more than three years 
before the date on which the office conducts the background check;
(iii)
has a listing in the Division of Child and Family Services' Licensing Information 
System described in Section 
80-2-1002
;
(iv)
has a listing in the Division of Aging and Adult Services' vulnerable adult, 
neglect, or exploitation database described in Section 
26B-2-210
;
(v)
has a substantiated finding of severe child abuse or neglect under Section 
80-3-404
 or 
80-3-504
; or
(vi)
has a listing on the registry check described in Subsection 
(13)(b)
 as having a 
substantiated or supported finding of a severe type of child abuse or neglect, as 
defined in Section 
80-1-102
.
(14)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the 
office may make rules, consistent with this part, to:
(a)
establish procedures for, and information to be examined in, the comprehensive 
review described in Subsections (6), (7), and (13); and
(b)
determine whether to consider an offense or incident that occurred while an 
individual was in the custody of the Division of Child and Family Services or the 
Division of Juvenile Justice and Youth Services for purposes of granting or denying 
direct access qualified status to an applicant.
Section 3, Section 
26B-2-121
 is amended to read:
26B-2-121
. Access to abuse and neglect information.
(1)
As used in this section:
(a)
"Direct service worker" means the same as that term is defined in Section 
26B-6-401
.
(b)
"Personal care attendant" means the same as that term is defined in Section 
26B-6-401
.
(2)
With respect to a licensee, a direct service worker, or a personal care attendant, the 
department may access only the Licensing Information System of the Division of Child 
and Family Services created by Section 
80-2-1002
 and juvenile court records under 
Subsection 
80-3-404(4)
 or 
80-3-504(6)
, for the purpose of:
(a)
(i)
determining whether a person associated with a licensee, with direct access to 
children:
(A)
is listed in the Licensing Information System; or
(B)
has a substantiated finding by a juvenile court of a severe type of child abuse 
or neglect under 
Subsections 
80-3-404(1)
 and 
(2)
Section 
80-3-404
 or 
80-3-504
; and
(ii)
informing a licensee that a person associated with the licensee:
(A)
is listed in the Licensing Information System; or
(B)
has a substantiated finding by a juvenile court of a severe type of child abuse 
or neglect under 
Subsections 
80-3-404(1)
 and 
(2)
Section 
80-3-404
 or 
80-3-504
;
(b)
(i)
determining whether a direct service worker:
(A)
is listed in the Licensing Information System; or
(B)
has a substantiated finding by a juvenile court of a severe type of child abuse 
or neglect under 
Subsections 
80-3-404(1)
 and 
(2)
Section 
80-3-404
 or 
80-3-504
; and
(ii)
informing a direct service worker or the direct service worker's employer that the 
direct service worker:
(A)
is listed in the Licensing Information System; or
(B)
has a substantiated finding by a juvenile court of a severe type of child abuse 
or neglect under 
Subsections 
80-3-404(1)
 and 
(2)
Section 
80-3-404
 or 
80-3-504
; or
(c)
(i)
determining whether a personal care attendant:
(A)
is listed in the Licensing Information System; or
(B)
has a substantiated finding by a juvenile court of a severe type of child abuse 
or neglect under 
Subsections 
80-3-404(1)
 and 
(2)
Section 
80-3-404
 or 
80-3-504
; and
(ii)
informing a person described in Subsections 
26B-6-101(9)(a)(i)
 through 
(iv)
 that 
a personal care attendant:
(A)
is listed in the Licensing Information System; or
(B)
has a substantiated finding by a juvenile court of a severe type of child abuse 
or neglect under 
Subsections 
80-3-404(1)
 and 
(2)
Section 
80-3-404
 or 
80-3-504
.
(3)
Notwithstanding Subsection 
(2)
, the department may access the Division of Child and 
Family Services' Management Information System under Section 
80-2-1001
:
(a)
for the purpose of licensing and monitoring foster parents;
(b)
for the purposes described in Subsection 
80-2-1001(5)(b)(iii)
; and
(c)
for the purpose described in Section 
26B-1-211
.
(4)
The department shall receive and process personal identifying information under 
Subsection 
26B-2-120(1)
 for the purposes described in Subsection 
(2)
.
(5)
The department shall adopt rules under 
Title 63G, Chapter 3, Utah Administrative 
Rulemaking Act
, consistent with this part, defining the circumstances under which a 
person may have direct access or provide services to children when:
(a)
the person is listed in the Licensing Information System of the Division of Child and 
Family Services created by Section 
80-2-1002
; or
(b)
juvenile court records show that a court made a substantiated finding under Section 
80-3-404
 or 
80-3-504
, that the person committed a severe type of child abuse or 
neglect.
Section 4, Section 
26B-2-240
 is amended to read:
26B-2-240
. Department authorized to grant, deny, or revoke clearance -- 
Department may limit direct patient access -- Clearance.
(1)
The definitions in Section 
26B-2-238
 apply to this section.
(2)
(a)
As provided in this section, the department may grant, deny, or revoke 
certification for direct patient access for an individual, including a covered individual.
(b)
The department may limit the circumstances under which a covered individual 
granted certification for direct patient access may have direct patient access, based on 
the relationship factors under Subsection (4) and other mitigating factors related to 
patient and resident protection.
(c)
The department shall determine whether to grant certification for direct patient 
access for each applicant for whom it receives:
(i)
the personal identification information specified by the department under 
Subsection (4)(b); and
(ii)
any fees established by the department under Subsection (9).
(d)
The department shall:
(i)
establish a procedure for obtaining and evaluating relevant information concerning 
covered individuals, including fingerprinting the applicant and submitting the 
prints to the Criminal Investigations and Technical Services Division of the 
Department of Public Safety for checking against applicable state, regional, and 
national criminal records files; and
(ii)
require that a certification for direct patient access include a fingerprint-based 
criminal history background check in the databases described under Subsection 
(3)(a), including the inclusion of the individual's fingerprints in a rap back system.
(3)
The department may review the following sources to determine whether an individual 
should be granted or retain certification for direct patient access, which may include:
(a)
Department of Public Safety arrest, conviction, and disposition records described in 
Title 53, Chapter 10, Criminal Investigations and Technical Services Act, including 
information in state, regional, and national records files;
(b)
juvenile court arrest, adjudication, and disposition records, as allowed under Section 
78A-6-209
;
(c)
federal criminal background databases available to the state;
(d)
the Division of Child and Family Services Licensing Information System described 
in Section 
80-2-1002
;
(e)
child abuse or neglect findings described in Section 
80-3-404
 or 
80-3-504
;
(f)
the Division of Aging and Adult Services vulnerable adult abuse, neglect, or 
exploitation database described in Section 
26B-6-210
;
(g)
registries of nurse aids described in 42 C.F.R. Sec. 483.156;
(h)
licensing and certification records of individuals licensed or certified by the Division 
of Professional Licensing under Title 58, Occupations and Professions; and
(i)
the List of Excluded Individuals and Entities database maintained by the United 
States Department of Health and Human Services' Office of Inspector General.
(4)
The department shall adopt rules that:
(a)
specify the criteria the department will use to determine whether an individual is 
granted or retains certification for direct patient access:
(i)
based on an initial evaluation and ongoing review of information under Subsection 
(3); and
(ii)
including consideration of the relationship the following may have to patient and 
resident protection:
(A)
warrants for arrest;
(B)
arrests;
(C)
convictions, including pleas in abeyance;
(D)
pending diversion agreements;
(E)
adjudications by a juvenile court under Section 
80-6-701
 if the individual is 
over 28 years old and has been convicted, has pleaded no contest, or is subject 
to a plea in abeyance or diversion agreement for a felony or misdemeanor, or 
the individual is under 28 years old; and
(F)
any other findings under Subsection (3); and
(b)
specify the personal identification information that must be submitted by an 
individual or covered body with an application for certification for direct patient 
access, including:
(i)
the applicant's 
Social Security
social security
 number; and
(ii)
fingerprints.
(5)
For purposes of Subsection (4)(a), the department shall classify a crime committed in 
another state according to the closest matching crime under Utah law, regardless of how 
the crime is classified in the state where the crime was committed.
(6)
The Department of Public Safety, the Administrative Office of the Courts, the Division 
of Professional Licensing, and any other state agency or political subdivision of the state:
(a)
shall allow the department to review the information the department may review 
under Subsection (3); and
(b)
except for the Department of Public Safety, may not charge the department for 
access to the information.
(7)
The department shall adopt measures to protect the security of the information it 
reviews under Subsection (3) and strictly limit access to the information to department 
employees responsible for processing an application for certification for direct patient 
access.
(8)
The department may disclose personal identification information specified under 
Subsection (4)(b) to other divisions and offices within the department to verify that the 
subject of the information is not identified as a perpetrator or offender in the information 
sources described in Subsections (3)(d) through (f).
(9)
The department may establish fees, in accordance with Section 
63J-1-504
, for an 
application for certification for direct patient access, which may include:
(a)
the cost of obtaining and reviewing information under Subsection (3);
(b)
a portion of the cost of creating and maintaining the Direct Access Clearance System 
database under Section 
26B-2-241
; and
(c)
other department costs related to the processing of the application and the ongoing 
review of information pursuant to Subsection (4)(a) to determine whether 
certification for direct patient access should be retained.
Section 5, Section 
53-2d-410
 is amended to read:
53-2d-410
. Background clearance for emergency medical service personnel.
(1)
Subject to Section 
53-2d-410.5
, the bureau shall determine whether to grant background 
clearance for an individual seeking licensure or certification under Section 
53-2d-402
from whom the bureau receives:
(a)
the individual's social security number, fingerprints, and other personal identification 
information specified by the department under Subsection (4); and
(b)
any fees established by the department under Subsection (10).
(2)
The bureau shall determine whether to deny or revoke background clearance for 
individuals for whom the department has previously granted background clearance.
(3)
The bureau shall determine whether to grant, deny, or revoke background clearance for 
an individual based on an initial and ongoing evaluation of information the bureau 
obtains under Subsections (5) and (11), which, at a minimum, shall include an initial 
criminal background check of state, regional, and national databases using the 
individual's fingerprints.
(4)
The bureau shall make rules, in accordance with Title 63G, Chapter 3, Utah 
Administrative Rulemaking Act, that specify:
(a)
the criteria the bureau will use under Subsection (3) to determine whether to grant, 
deny, or revoke background clearance; and
(b)
the other personal identification information an individual seeking licensure or 
certification under Section 
53-2d-402
 must submit under Subsection (1).
(5)
To determine whether to grant, deny, or revoke background clearance, the bureau may 
access and evaluate any of the following:
(a)
Department of Public Safety arrest, conviction, and disposition records described in 
Chapter 10, Criminal Investigations and Technical Services Act, including 
information in state, regional, and national records files;
(b)
adjudications by a juvenile court of committing an act that if committed by an adult 
would be a felony or misdemeanor, if:
(i)
the applicant is under 28 years old; or
(ii)
the applicant:
(A)
is over 28 years old; and
(B)
has been convicted of, has pleaded no contest to, or is currently subject to a 
plea in abeyance or diversion agreement for a felony or misdemeanor;
(c)
juvenile court arrest, adjudication, and disposition records, other than those under 
Subsection (5)(b), as allowed under Section 
78A-6-209
;
(d)
child abuse or neglect findings described in Section 
80-3-404
 or 
80-3-504
;
(e)
the department's Licensing Information System described in Section 
80-2-1002
;
(f)
the department's database of reports of vulnerable adult abuse, neglect, or 
exploitation, described in Section 
26B-6-210
;
(g)
Division of Professional Licensing records of licensing and certification under Title 
58, Occupations and Professions;
(h)
records in other federal criminal background databases available to the state; and
(i)
any other records of arrests, warrants for arrest, convictions, pleas in abeyance, 
pending diversion agreements, or dispositions.
(6)
Except for the Department of Public Safety, an agency may not charge the bureau for 
information accessed under Subsection (5).
(7)
When evaluating information under Subsection (3), the bureau shall classify a crime 
committed in another state according to the closest matching crime under Utah law, 
regardless of how the crime is classified in the state where the crime was committed.
(8)
The bureau shall adopt measures to protect the security of information the department 
accesses under Subsection (5), which shall include limiting access by department 
employees to those responsible for acquiring, evaluating, or otherwise processing the 
information.
(9)
The bureau may disclose personal identification information the bureau receives under 
Subsection (1) to the department to verify that the subject of the information is not 
identified as a perpetrator or offender in the information sources described in 
Subsections (5)(d) through (f).
(10)
The bureau may charge fees, in accordance with Section 
63J-1-504
, to pay for:
(a)
the cost of obtaining, storing, and evaluating information needed under Subsection (3), 
both initially and on an ongoing basis, to determine whether to grant, deny, or revoke 
background clearance; and
(b)
other bureau costs related to granting, denying, or revoking background clearance.
(11)
The Criminal Investigations and Technical Services Division within the Department of 
Public Safety shall:
(a)
retain, separate from other division records, personal information under Subsection 
(1), including any fingerprints sent to it by the department; and
(b)
notify the bureau upon receiving notice that an individual for whom personal 
information has been retained is the subject of:
(i)
a warrant for arrest;
(ii)
an arrest;
(iii)
a conviction, including a plea in abeyance; or
(iv)
a pending diversion agreement.
(12)
Clearance granted for an individual licensed or certified under Section 
53-2d-402
 is 
valid until two years after the day on which the individual is no longer licensed or 
certified in Utah as emergency medical service personnel.
Section 6, Section 
53-3-104
 is amended to read:
53-3-104
. Division duties.
The division shall:
(1)
in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make 
rules:
(a)
for examining applicants for a license, as necessary for the safety and welfare of the 
traveling public;
(b)
for acceptable documentation of an applicant's identity, Social Security number, 
Utah resident status, Utah residence address, proof of legal presence, proof of 
citizenship in the United States, honorable or general discharge from the United 
States military, and other proof or documentation required under this chapter;
(c)
for acceptable documentation to verify that an individual is in the state's legal 
custody as verified by the Division of Child and Family Services within the 
Department of Health and Human Services, for purposes of residency and address 
verification;
(d)
to allow an individual who is verified to be in the legal custody of the state pursuant 
to Subsection 
(1)(c)
 to use the address of a local Division of Child and Family 
Services office as the individual's residence address;
(c)
(e)
for acceptable documentation to verify that an individual is homeless as verified 
by the Department of Workforce Services, for purposes of residency, address 
verification, and obtaining a fee waiver;
(d)
(f)
regarding the restrictions to be imposed on an individual driving a motor vehicle 
with a temporary learner permit or learner permit;
(e)
(g)
for exemptions from licensing requirements as authorized in this chapter;
(f)
(h)
establishing procedures for the storage and maintenance of applicant information 
provided in accordance with Section 
53-3-205
, 
53-3-410
, or 
53-3-804
; and
(g)
(i)
to provide educational information to each applicant for a license, which 
information shall be based on data provided by the Division of Air Quality, including:
(i)
ways drivers can improve air quality; and
(ii)
the harmful effects of vehicle emissions;
(2)
examine each applicant according to the class of license applied for;
(3)
license motor vehicle drivers;
(4)
file every application for a license received by the division and shall maintain indices 
containing:
(a)
all applications denied and the reason each was denied;
(b)
all applications granted; and
(c)
the name of every licensee whose license has been suspended, disqualified, or 
revoked by the division and the reasons for the action;
(5)
suspend, revoke, disqualify, cancel, or deny any license issued in accordance with this 
chapter;
(6)
file all accident reports and abstracts of court records of convictions received by the 
division under state law;
(7)
maintain a record of each licensee showing the licensee's convictions and the traffic 
accidents in which the licensee has been involved where a conviction has resulted;
(8)
consider the record of a licensee upon an application for renewal of a license and at 
other appropriate times;
(9)
search the license files, compile, and furnish a report on the driving record of any 
individual licensed in the state in accordance with Section 
53-3-109
;
(10)
develop and implement a record system as required by Section 
41-6a-604
;
(11)
in accordance with Section 
53G-10-507
, establish:
(a)
procedures and standards to certify teachers of driver education classes to administer 
knowledge and skills tests;
(b)
minimal standards for the tests; and
(c)
procedures to enable school districts to administer or process any tests for students to 
receive a class D operator's license;
(12)
in accordance with Section 
53-3-510
, establish:
(a)
procedures and standards to certify licensed instructors of commercial driver training 
school courses to administer the skills test;
(b)
minimal standards for the test; and
(c)
procedures to enable licensed commercial driver training schools to administer or 
process skills tests for students to receive a class D operator's license;
(13)
provide administrative support to the Driver License Medical Advisory Board created 
in Section 
53-3-303
;
(14)
upon request by the lieutenant governor, provide the lieutenant governor with a digital 
copy of the driver license or identification card signature of an individual who is an 
applicant for voter registration under Section 
20A-2-206
; 
(15)
in accordance with Section 
53-3-407.1
, establish:
(a)
procedures and standards to license a commercial driver license third party tester or 
commercial driver license third party examiner to administer the commercial driver 
license skills tests;
(b)
minimum standards for the commercial driver license skills test; and
(c)
procedures to enable a licensed commercial driver license third party tester or 
commercial driver license third party examiner to administer a commercial driver 
license skills test for an applicant to receive a commercial driver license; and
(16)
receive from the Department of Health and Human Services a result from a blood or 
urine test of an individual arrested for driving under the influence and use the blood or 
urine test result in an administrative hearing or agency review involving the individual 
who is the subject of the blood or urine test as described in Section 
53-3-111
.
Section 7, 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, 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 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)
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), (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.
(7)
The juvenile court has jurisdiction to make a finding of substantiated, unsubstantiated, 
or without merit, in accordance with Section 
80-3-404
 or 
80-3-504
.
(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 8, 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)
(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
; 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)
"Neglected child" means a child who has been subjected to neglect.
(60)
"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)
"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.
(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;
 or
(iii)
the act or attempted act constitutes unlawful sexual activity as described in 
Section 
76-5-401.3
.
(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)
"Torture" means:
(a)
the infliction of a serious injury upon a child in an exceptionally cruel or 
exceptionally depraved manner that causes the child to experience extreme physical 
or psychological pain or anguish; or
(b)
the infliction of a serious injury, or more than one serious injury, upon a child as part 
of a course of conduct or over a prolonged period of time.
(93)
(94)
"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)
(94)(a)
 and (b).
(94)
(95)
"Unsubstantiated" means a judicial finding that there is insufficient evidence to 
conclude that abuse, neglect, or dependency occurred.
(95)
(96)
"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)
(97)
"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)
(98)
"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)
(99)
"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 9, Section 
80-2-707
 is amended to read:
80-2-707
. Supported finding of child abuse or neglect after division investigation 
-- Notice to alleged perpetrator -- Rights of alleged perpetrator -- Administrative review 
-- Joinder in juvenile court.
(1)
(a)
Except as provided in Subsection 
(2)
, if, after investigation, the division makes a 
supported finding, the division shall send a notice of agency action to the alleged 
perpetrator.
(b)
If the alleged perpetrator described in Subsection 
(1)(a)
 is under 18 years old, the 
division shall:
(i)
make reasonable efforts to identify the alleged perpetrator's parent or guardian; and
(ii)
send a notice to each parent or guardian identified under Subsection 
(1)(b)(i)
 that 
lives at a different address, unless there is good cause, as defined by rule, made in 
accordance with 
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
, for 
not sending a notice to the parent or guardian.
(c)
This section does not affect:
(i)
the manner in which the division conducts an investigation; or
(ii)
the use or effect, in any other setting, of a supported finding by the division at the 
completion of an investigation for any purpose other than for notification under 
Subsection 
(1)
 (a) or (b).
(2)
Subsection 
(1)
 does not apply to an alleged perpetrator who is served with notice under 
Section 
80-2-708
.
(3)
The notice described in Subsection 
(1)
 shall state that:
(a)
the division conducted an investigation regarding alleged abuse, neglect, or 
dependency;
(b)
the division made a supported finding of abuse, neglect, or dependency;
(c)
facts gathered by the division support the supported finding;
(d)
the alleged perpetrator has the right to request:
(i)
a copy of the report; and
(ii)
an opportunity to challenge the supported finding by the division; and
(e)
failure to request an opportunity to challenge the supported finding within 30 days 
after the day on which the notice is received will result in an unappealable supported 
finding of abuse, neglect, or dependency unless the alleged perpetrator can show 
good cause for why compliance within the 30-day requirement is virtually impossible 
or unreasonably burdensome.
(4)
(a)
Except as provided in Subsection 
(7)
, an alleged perpetrator may make a request 
to challenge a supported finding within 30 days after the day on which the alleged 
perpetrator receives a notice under this section.
(b)
Upon receipt of a request under Subsection 
(4)(a)
, the Office of Administrative 
Hearings shall hold an adjudicative proceeding under 
Title 63G, Chapter 4, 
Administrative Procedures Act
.
(5)
(a)
In an adjudicative proceeding held under this section, the division has the burden 
of proving, by a preponderance of the evidence, that abuse, neglect, or dependency 
occurred and that the alleged perpetrator is substantially responsible for the abuse or 
neglect that occurred.
(b)
Any party has the right of judicial review of final agency action, in accordance with 
Title 63G, Chapter 4, Administrative Procedures Act
.
(c)
A proceeding for judicial review of a final agency action under this section shall be 
closed to the public.
(d)
The Judicial Council shall make rules that ensure the confidentiality of the 
proceeding described in Subsection 
(5)(c)
 and the records related to the proceedings.
(6)
Except as otherwise provided in this chapter, an alleged perpetrator who, after receiving 
notice, fails to challenge a supported finding in accordance with this section:
(a)
may not further challenge the finding; and
(b)
shall have no right to:
(i)
agency review of the finding;
(ii)
an adjudicative hearing on the finding; or
(iii)
judicial review of the finding.
(7)
(a)
Except as provided in Subsection 
(7)(b)
, an alleged perpetrator may not make a 
request under Subsection 
(4)
 to challenge a supported finding if a court of competent 
jurisdiction entered a finding, in a proceeding in which the alleged perpetrator was a 
party, that the alleged perpetrator is substantially responsible for the abuse, neglect, 
or dependency that is the subject of the supported finding.
(b)
Subsection 
(7)(a)
 does not apply to pleas in abeyance or diversion agreements.
(c)
An adjudicative proceeding under Subsection 
(5)
 may be stayed during the time a 
judicial action
 or an active criminal investigation
 on the same matter is pending.
(8)
Under Section 
80-3-404
, an adjudicative proceeding on a supported finding of a type of 
abuse or neglect that does not constitute a severe type of child abuse or neglect may be 
joined in the juvenile court with an adjudication on a supported finding of a severe type 
of child abuse or neglect.
Section 10, Section 
80-2-708
 is amended to read:
80-2-708
. Supported finding of a severe type of child abuse or neglect after 
division investigation -- Notation in Licensing Information System -- Juvenile court 
petition or notice to alleged perpetrator -- Rights of alleged perpetrator.
(1)
If, after investigation, the division makes a supported finding that an individual 
committed a severe type of child abuse or neglect, the division shall:
(a)
serve notice of the supported finding on the alleged perpetrator
 in accordance with 
Subsection 
(4)
;
(b)
enter the information described in Subsections 
80-2-1002(2)(a)
 and 
(b)
 into the 
Licensing Information System; and
(c)
if the division considers it advisable, file a petition for substantiation 
in accordance 
with Section 
80-3-504
within 
one year
30 days
 after the day on which the division 
makes the supported finding.
(2)
The notice described in Subsection 
(1)(a)
:
(a)
shall state that:
(i)
the division conducted an investigation regarding alleged abuse or neglect;
(ii)
the division made a supported finding that the alleged perpetrator described in 
Subsection 
(1)
 committed a severe type of child abuse or neglect;
(iii)
facts gathered by the division support the supported finding;
(iv)
as a result of the supported finding, the alleged perpetrator's name and other 
identifying information have been listed in the Licensing Information System in 
accordance with Subsection 
(1)(b)
;
(v)
the alleged perpetrator may be disqualified from adopting a child, receiving state 
funds as a child care provider, or being licensed by:
(A)
the department;
(B)
a human services licensee;
(C)
a child care provider or program; or
(D)
a covered health care facility;
(vi)
the alleged perpetrator has the rights described in Subsection 
(3)
; and
(vii)
failure to take the action described in Subsection 
(3)(a)
 within 
one year
30 days
after the day on which the notice is served will result in the action described in 
Subsection 
(3)(b)
;
(b)
shall include a general statement of the nature of the supported finding; and
(c)
may not include:
(i)
the name of a victim or witness; or
(ii)
any privacy information related to the victim or a witness.
(3)
(a)
Upon receipt of
Within 30 days after the day on which the alleged perpetrator 
receives
 the notice described in 
Subsection 
(2)
Subsections 
(1)(a)
 and (2)
, the 
alleged perpetrator has the right to:
(i)
file a written request asking the division to review the supported finding made 
under Subsection 
(1)
;
(ii)
except as provided in Subsection 
(3)(b)
, 
immediately 
petition the juvenile court 
under Section 
80-3-404
for a finding of unsubstantiated or without merit in 
accordance with Section 
80-3-504
; or
(iii)
sign a written consent to:
(A)
the supported finding made under Subsection 
(1)
; and
(B)
entry into the Licensing Information System of the alleged perpetrator's name 
and other information regarding the supported finding made under Subsection 
(1)
.
(b)
The alleged perpetrator has no right to petition the juvenile court under Subsection 
(3)(a)(ii)
if the juvenile court previously held a hearing on the same alleged incident 
of abuse or neglect after the filing of an abuse, neglect, or dependency petition, as 
defined in Section 
80-3-102
, by another party
if the alleged perpetrator:
(i)
files the petition more than 30 days after the day on which the alleged perpetrator 
receives the notice described in Subsections 
(1)(a)
 and 
(2)
; or
(ii)
has been the subject of any of the following court determinations with respect to 
the alleged incident of abuse or neglect:
(A)
conviction;
(B)
adjudication under Section 
80-3-402
 or 
80-6-701
;
(C)
plea of guilty;
(D)
plea of guilty with a mental condition; or
(E)
plea of no contest
.
(c)
The child's parent or guardian shall give the consent for a child under Subsection 
(3)(a)(iii)
.
(4)
Service of the notice described in Subsections 
(1)(a)
 and 
(2)
:
(a)
shall be personal service in accordance with Utah Rules of Civil Procedure, Rule 4; 
and
(b)
does not preclude civil or criminal action against the alleged perpetrator.
Section 11, Section 
80-2-1002
 is amended to read:
80-2-1002
. Licensing Information System -- Contents -- Classification of records 
-- Access -- Unlawful release -- Penalty.
(1)
(a)
The division shall maintain a sub-part of the Management Information System as 
the Licensing Information System to be used:
(i)
for licensing purposes; or
(ii)
as otherwise provided by law.
(b)
Notwithstanding Subsection (1)(a), the department's access to information in the 
Management Information System for the licensure and monitoring of a foster parent 
is governed by Sections 
80-2-1001
 and 
26B-2-121
.
(2)
The Licensing Information System shall include only the following information:
(a)
the name and other identifying information of the alleged perpetrator in a supported 
finding, without identifying the alleged perpetrator as a perpetrator or alleged 
perpetrator;
(b)
a notation to the effect that an investigation regarding the alleged perpetrator 
described in Subsection (2)(a) is pending;
(c)
the information described in Subsection (3);
(d)
consented-to supported findings by an alleged perpetrator under Subsection 
80-2-708
(3)(a)(iii);
(e)
a finding from the juvenile court under Section 
80-3-404
 or 
80-3-504
; and
(f)
the information in the licensing part of the division's Management Information 
System as of May 6, 2002.
(3)
Subject to Section 
80-2-1003
, upon receipt of a finding from the juvenile court under 
Section 
80-3-404
 or 
80-3-504
, the division shall:
(a)
promptly amend the Licensing Information System to include the finding; and
(b)
enter the finding in the Management Information System.
(4)
Information or a record contained in the Licensing Information System is:
(a)
a protected record under Title 63G, Chapter 2, Government Records Access and 
Management Act; and
(b)
notwithstanding Title 63G, Chapter 2, Government Records Access and 
Management Act, accessible only:
(i)
to the Division of Licensing and Background Checks created in Section 
26B-2-103
:
(A)
for licensing purposes; or
(B)
as otherwise specifically provided for by law;
(ii)
to the division to:
(A)
screen an individual at the request of the Office of Guardian Ad Litem at the 
time the individual seeks a paid or voluntary position with the Office of 
Guardian Ad Litem and annually throughout the time that the individual 
remains with the Office of Guardian Ad Litem; and
(B)
respond to a request for information from an individual whose name is listed 
in the Licensing Information System;
(iii)
to a person designated by the Department of Health and Human Services, only 
for the following purposes:
(A)
licensing a child care program or provider; or
(B)
determining whether an individual associated with a child care facility, 
program, or provider, who is exempt from being licensed or certified by the 
Department of Health and Human Services under Title 26B, Chapter 2, Part 4, 
Child Care Licensing, has a supported finding of a severe type of child abuse 
or neglect; 
(iv)
to a person designated by the Department of Workforce Services and approved 
by the Department of Health and Human Services for the purpose of qualifying a 
child care provider under Section 
35A-3-310.5
;
(v)
to the Bureau of Emergency Medical Services, within the Department of Public 
Safety, in determining whether an individual who is seeking an emergency 
medical services license has a supported finding of a severe type of child abuse or 
neglect;
(vi)
as provided in Section 
26B-2-121
; or
(vii)
to the department or another person, as provided in this chapter.
(5)
A person designated by the Department of Health and Human Services, the Department 
of Workforce Services, or the Bureau of Emergency Medical Services under Subsection 
(4) shall adopt measures to:
(a)
protect the security of the Licensing Information System; and
(b)
strictly limit access to the Licensing Information System to persons allowed access 
by statute.
(6)
The department shall approve a person allowed access by statute to information or a 
record contained in the Licensing Information System and provide training to the person 
with respect to:
(a)
accessing the Licensing Information System;
(b)
maintaining strict security; and
(c)
the criminal provisions of Sections 
63G-2-801
 and 
80-2-1005
 pertaining to the 
improper release of information.
(7)
(a)
Except as authorized by this chapter, a person may not request another person to 
obtain or release any other information in the Licensing Information System to screen 
for potential perpetrators of abuse or neglect.
(b)
A person who requests information knowing that the request is a violation of this 
Subsection (7) is subject to the criminal penalties described in Sections 
63G-2-801
and 
80-2-1005
.
Section 12, Section 
80-2-1003
 is amended to read:
80-2-1003
. Deletion, expungement, or notation of information or reports in 
Management Information System or Licensing Information System.
(1)
(a)
The division shall delete any reference in the Management Information System or 
Licensing Information System to a report that:
(i)
the division determines is without merit, if no subsequent report involving the 
same alleged perpetrator occurs within one year after the day on which the 
division makes the determination; or
(ii)
a court of competent jurisdiction determines is unsubstantiated or without merit, 
if no subsequent report involving the same alleged perpetrator occurs within five 
years after the day on which the juvenile court makes the determination.
(b)
Except as provided in Subsection 
(1)(c)
, the information described in Subsections 
80-2-1002(2)(a)
 and 
(b)
 shall remain in the Licensing Information System:
(i)
if the alleged perpetrator fails to take the action described in Subsection 
80-2-708(3)(a)
 within 
one year
30 days
 after the day on which the notice 
described in Subsections 
80-2-708(1)(a)
 and 
(2)
 is served;
(ii)
during the time that the division awaits a response from the alleged perpetrator 
under Subsection 
80-2-708(3)(a)
; and
(iii)
until a juvenile court determines that the severe type of child abuse or neglect 
upon which the Licensing Information System entry was based is unsubstantiated 
or without merit.
(c)
Regardless of whether an appeal on the matter is pending:
(i)
the division shall remove the information described in Subsections 
80-2-1002(2)(a)
and 
(b)
 from the Licensing Information System if the severe type of child abuse or 
neglect upon which the Licensing Information System entry is based:
(A)
is found to be unsubstantiated or without merit by the juvenile court under 
Section 
80-3-404
 or 
80-3-504
; or
(B)
is found to be substantiated, but is subsequently reversed on appeal; and
(ii)
the division shall place back on the Licensing Information System an alleged 
perpetrator's name and information that is removed from the Licensing 
Information System under Subsection 
(1)(c)(i)
 if the court action that was the 
basis for removing the alleged perpetrator's name and information is subsequently 
reversed on appeal.
(2)
(a)
The division shall maintain a separation of reports as follows:
(i)
those that are supported;
(ii)
those that are unsupported;
(iii)
those that are without merit;
(iv)
those that are unsubstantiated under the law in effect before May 6, 2002;
(v)
those that are substantiated under the law in effect before May 6, 2002; and
(vi)
those that are consented-to supported findings under Subsection 
80-2-708(3)(a)(iii)
.
(b)
Only a person with statutory authority may access the information contained in a 
report described in Subsection 
(2)(a)
.
(3)
The division shall make rules, in accordance with 
Title 63G, Chapter 3, Utah 
Administrative Rulemaking Act
, for the expungement of supported reports or 
unsupported reports in the Management Information System and the Licensing 
Information System that:
(a)
in relation to an unsupported report or a supported report, identify the types of child 
abuse or neglect reports that the division:
(i)
shall expunge within five years after the last date on which the individual's name 
is placed in the information system, without requiring the subject of the report to 
request expungement;
(ii)
shall expunge within 10 years after the last date on which the individual's name is 
placed in the information system, without requiring the subject of the report to 
request expungement;
(iii)
may expunge following an individual's request for expungement in accordance 
with Subsection 
(4)
; and
(iv)
may not expunge due to the serious nature of the specified types of child abuse or 
neglect;
(b)
establish an administrative process and a standard of review for the subject of a 
report to make an expungement request; and
(c)
define the term "expunge" or "expungement" to clarify the administrative process for 
removing a record from the information system. 
(4)
(a)
If an individual's name is in the Management Information System or Licensing 
Information System for a type of child abuse or neglect report identified under 
Subsection 
(3)
(a)(iii), the individual may request to have the report expunged 10 
years after the last date on which the individual's name is placed in the information 
system for a supported or unsupported report.
(b)
If an individual's expungement request is denied, the individual shall wait at least 
one year after the day on which the denial is issued before the individual may again 
request to have the individual's report expunged.
Section 13, Section 
80-2-1004
 is amended to read:
80-2-1004
. Request for division removal of name from Licensing Information 
System -- Petition for evidentiary hearing or substantiation.
(1)
Except as provided in Subsection 
(2)
, an individual whose name 
is
was
 listed on the 
Licensing Information System 
as of
before
 May 6, 2002, may
 at any time
:
(a)
request
, in writing, a
 review by the division of the individual's case and removal of 
the individual's name from the Licensing Information System under Subsection 
(3)
; or
(b)
file a petition for substantiation and a request for a finding of unsubstantiated or 
without merit in accordance with Section 
80-3-504
.
(2)
Subsection 
(1)
(1)(b)
 does not apply to an individual who has been the subject of any 
of the following court determinations with respect to the alleged incident of abuse or 
neglect:
(a)
conviction;
(b)
adjudication under Section 
80-3-402
 or 
80-6-701
;
(c)
plea of guilty;
(d)
plea of guilty with a mental condition; or
(e)
plea of 
no contest.
(3)
If an alleged perpetrator 
whose name was 
listed on the Licensing Information System 
before May 6, 2002, requests removal of the alleged perpetrator's name from the 
Licensing Information System, the division shall, within 30 days after the day on which 
the 
written 
request is made:
(a)
(i)
review the case to determine whether the incident of alleged abuse or neglect 
qualifies as:
(A)
a severe type of child abuse or neglect;
(B)
chronic abuse; or
(C)
chronic neglect; and
(ii)
if the alleged abuse or neglect does not qualify as a type of abuse or neglect 
described in Subsections 
(3)(a)(i)(A)
 through 
(C)
, remove the alleged perpetrator's 
name from the Licensing Information System; or
(b)
determine whether to file a petition for substantiation in accordance with Section 
80-3-504
.
Section 14, 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
, including relevant evidence 
regarding harm the specific child has suffered or will suffer due to the separation 
or continued separation from the child's parent or guardian
; 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)
 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 15, Section 
80-3-404
 is amended to read:
80-3-404
. Finding of severe child abuse or neglect -- Order delivered to division 
-- Court records.
(1)
If an abuse, neglect, or dependency petition 
is 
filed with the juvenile court 
that
pursuant to Section 
80-3-201
 informs the juvenile court that the division has made a 
supported finding that an individual committed a severe type of child abuse or neglect, 
the juvenile court shall:
(a)
make a finding of substantiated, unsubstantiated, or without merit;
(b)
include the finding described in Subsection 
(1)(a)
 in a written order; and
(c)
deliver a certified copy of the order described in Subsection 
(1)(b)
 to the division.
(2)
The juvenile court shall make the finding described in Subsection 
(1)
:
(a)
as part of the adjudication hearing;
(b)
at the conclusion of the adjudication hearing; or
(c)
as part of a court order entered under a written stipulation of the parties.
(3)
In accordance with Section 
80-2-707
, a proceeding for adjudication of a supported 
finding of a type of abuse or neglect that does not constitute a severe type of child abuse 
or neglect may be joined in the juvenile court with an adjudication of a severe type of 
child abuse or neglect.
(4)
(a)
The juvenile court shall make 
records
a record
 of the juvenile court's findings 
under Subsection 
(1)
 available only to an individual with statutory authority to access 
the Licensing Information System for the purposes of licensing under Sections 
26B-1-211
, 
26B-2-120
, and 
26B-2-404
, or for the purposes described in Sections 
53-2d-410
, 
26B-2-121
, 
26B-2-238
 through 
26B-2-241
, or 
26B-4-124
53-2d-410
.
(b)
An appellate court shall make 
records
a record
 of an appeal from the juvenile court's 
decision under Subsection 
(1)
 available only to an individual with statutory authority 
to access the Licensing Information System for the purposes described in Subsection 
(4)(a)
.
Section 16, Section 
80-3-406
 is amended to read:
80-3-406
. Permanency plan -- Reunification services.
(1)
If the juvenile court orders continued removal at the dispositional hearing under Section 
80-3-402
, and that the minor remain in the custody of the division, the juvenile court 
shall first:
(a)
establish a primary permanency plan and a concurrent permanency plan for the minor 
in accordance with this section; and
(b)
determine whether, in view of the primary permanency plan, reunification services 
are appropriate for the minor and the minor's family under Subsections 
(5)
 through 
(8)
.
(2)
(a)
The concurrent permanency plan shall include:
(i)
a representative list of the conditions under which the primary permanency plan 
will be abandoned in favor of the concurrent permanency plan; and
(ii)
an explanation of the effect of abandoning or modifying the primary permanency 
plan.
(b)
In determining the primary permanency plan and concurrent permanency plan, the 
juvenile court shall consider:
(i)
the preference for kinship placement over nonkinship placement, including the 
rebuttable presumption described in Subsection 
80-3-302(7)(a)
;
(ii)
the potential for a guardianship placement if parental rights are terminated and no 
appropriate adoption placement is available; and
(iii)
the use of an individualized permanency plan, only as a last resort.
(3)
(a)
The juvenile court may amend a minor's primary permanency plan before the 
establishment of a final permanency plan under Section 
80-3-409
.
(b)
The juvenile court is not limited to the terms of the concurrent permanency plan in 
the event that the primary permanency plan is abandoned.
(c)
If, at any time, the juvenile court determines that reunification is no longer a minor's 
primary permanency plan, the juvenile court shall conduct a permanency hearing in 
accordance with Section 
80-3-409
 on or before the earlier of:
(i)
30 days after the day on which the juvenile court makes the determination 
described in this Subsection 
(3)(c)
; or
(ii)
the day on which the provision of reunification services, described in Section 
80-3-409
, ends.
(4)
(a)
Because of the state's interest in and responsibility to protect and provide 
permanency for minors who are abused, neglected, or dependent, the Legislature 
finds that a parent's interest in receiving reunification services is limited.
(b)
The juvenile court may determine that:
(i)
efforts to reunify a minor with the minor's family are not reasonable or 
appropriate, based on the individual circumstances; and
(ii)
reunification services should not be provided.
(c)
In determining reasonable efforts to be made with respect to a minor, and in making 
reasonable efforts, the juvenile court and the division shall consider the minor's 
health, safety, and welfare as the paramount concern.
(5)
There is a presumption that reunification services should not be provided to a parent if 
the juvenile court finds, by clear and convincing evidence, that any of the following 
circumstances exist:
(a)
the whereabouts of the parents are unknown, based on a verified affidavit indicating 
that a reasonably diligent search has failed to locate the parent;
(b)
subject to Subsection 
(6)(a)
, the parent is suffering from a mental illness of such 
magnitude that the mental illness renders the parent incapable of utilizing 
reunification services;
(c)
the minor was previously adjudicated as an abused child due to physical abuse, 
sexual abuse, or sexual exploitation, and following the adjudication the child:
(i)
was removed from the custody of the minor's parent;
(ii)
was subsequently returned to the custody of the parent; and
(iii)
is being removed due to additional physical abuse, sexual abuse, or sexual 
exploitation;
(d)
the parent:
(i)
caused the death of another minor through abuse or neglect;
(ii)
committed, aided, abetted, attempted, conspired, or solicited to commit:
(A)
murder or manslaughter of a minor; or
(B)
child abuse homicide;
(iii)
committed sexual abuse against the minor;
(iv)
is a registered sex offender or required to register as a sex offender; or
(v)
(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;
(e)
the minor suffered severe abuse by the parent or by any individual known by the 
parent if the parent knew or reasonably should have known that the individual was 
abusing the minor;
(f)
the minor is adjudicated as an abused minor as a result of severe abuse by the parent, 
and the juvenile court finds that it would not benefit the minor to pursue reunification 
services with the offending parent;
(g)
the parent's rights are 
involuntarily 
terminated with regard to any other minor;
(h)
the minor was removed from the minor's home on at least two previous occasions 
and reunification services were offered or provided to the family at those times;
(i)
the parent has abandoned the minor for a period of six months or longer;
(j)
the parent permitted the minor to reside, on a permanent or temporary basis, at a 
location where the parent knew or should have known that a clandestine laboratory 
operation was located;
(k)
except as provided in Subsection 
(6)(b)
, with respect to a parent who is the minor's 
birth mother, the minor has fetal alcohol syndrome, fetal alcohol spectrum disorder, 
or was exposed to an illegal or prescription drug that was abused by the minor's 
mother while the minor was in utero, if the minor was taken into division custody for 
that reason, unless the mother agrees to enroll in, is currently enrolled in, or has 
recently and successfully completed a substance use disorder treatment program 
approved by the department; or
(l)
any other circumstance that the juvenile court determines should preclude 
reunification efforts or services.
the parent has subjected the minor to aggravated 
circumstances, including:
(i)
a severe type of child abuse or neglect;
(ii)
torture; or
(iii)
human trafficking of a child as described in Section 
76-5-308.5
.
(6)
(a)
The juvenile court shall base the finding under Subsection 
(5)(b)
 on competent 
evidence from at least two medical or mental health professionals, who are not 
associates, establishing that, even with the provision of services, the parent is not 
likely to be capable of adequately caring for the minor within 12 months after the day 
on which the juvenile court finding is made.
(b)
The juvenile court may disregard the provisions of Subsection 
(5)(k)
 if the juvenile 
court finds, under the circumstances of the case, that the substance use disorder 
treatment described in Subsection 
(5)(k)
 is not warranted.
(7)
In determining whether reunification services are appropriate, the juvenile court shall 
take into consideration:
(a)
failure of the parent to respond to previous services or comply with a previous child 
and family plan;
(b)
the fact that the minor was abused while the parent was under the influence of drugs 
or alcohol;
(c)
any history of violent behavior directed at the minor or an immediate family member;
(d)
the circumstances under which the parent's rights were voluntarily terminated with 
regard to any other minor;
(d)
(e)
whether a parent continues to live with an individual who abused the minor;
(e)
(f)
any patterns of the parent's behavior that have exposed the minor to repeated 
abuse;
(f)
(g)
testimony by a competent professional that the parent's behavior is unlikely to be 
successful; and
(g)
(h)
whether the parent has expressed an interest in reunification with the minor.
(8)
If, under Subsections 
(5)(b)
 through 
(l)
, the juvenile court does not order reunification 
services, a permanency hearing shall be conducted within 30 days in accordance with 
Section 
80-3-409
.
(9)
(a)
Subject to Subsections 
(9)(b)
 through 
(e)
, if the juvenile court determines that 
reunification services are appropriate for the minor and the minor's family, the 
juvenile court shall provide for reasonable parent-time with the parent or parents 
from whose custody the minor was removed, unless parent-time is not in the best 
interest of the minor.
(b)
Parent-time is in the best interests of a minor unless the juvenile court makes a 
finding that it is necessary to deny parent-time in order to:
(i)
protect the physical safety of the minor;
(ii)
protect the life of the minor; or
(iii)
prevent the minor from being traumatized by contact with the parent due to the 
minor's fear of the parent in light of the nature of the alleged abuse or neglect.
(c)
Notwithstanding Subsection 
(9)(a)
, a juvenile court may not deny parent-time based 
solely on a parent's failure to:
(i)
prove that the parent has not used legal or illegal substances; or
(ii)
comply with an aspect of the child and family plan that is ordered by the juvenile 
court.
(d)
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 
minor's fear of the parent in light of the nature of the alleged abuse or neglect.
(e)
(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 
(9)(e)(ii)
, prevent the child from being traumatized 
by contact with the parent.
(ii)
In determining whether the condition of the parent described in Subsection 
(9)(e)(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.
(10)
(a)
If the juvenile court determines that reunification services are appropriate, the 
juvenile court shall order that the division make reasonable efforts to provide services 
to the minor and the minor's parent for the purpose of facilitating reunification of the 
family, for a specified period of time.
(b)
In providing the services described in Subsection 
(10)(a)
, the juvenile court and the 
division shall consider the minor's health, safety, and welfare as the paramount 
concern.
(11)
In cases where sexual abuse, sexual exploitation, abandonment, severe abuse, or severe 
neglect are involved:
(a)
the juvenile court does not have any duty to order reunification services; and
(b)
the division does not have a duty to make reasonable efforts to or in any other way 
attempt to provide reunification services or attempt to rehabilitate the offending 
parent or parents.
(12)
(a)
The juvenile court shall:
(i)
determine whether the services offered or provided by the division under the child 
and family plan constitute reasonable efforts on the part of the division;
(ii)
determine and define the responsibilities of the parent under the child and family 
plan in accordance with Subsection 
80-3-307(5)(g)(iii)
; and
(iii)
identify verbally on the record, or in a written document provided to the parties, 
the responsibilities described in Subsection 
(12)(a)(ii)
, for the purpose of assisting 
in any future determination regarding the provision of reasonable efforts, in 
accordance with state and federal law.
(b)
If the parent is in a substance use disorder treatment program, other than a certified 
drug court program, the juvenile court may order the parent:
(i)
to submit to supplementary drug or alcohol testing, in accordance with Subsection 
80-3-110(6)
, in addition to the testing recommended by the parent's substance use 
disorder program based on a finding of reasonable suspicion that the parent is 
abusing drugs or alcohol; and
(ii)
to provide the results of drug or alcohol testing recommended by the substance 
use disorder program to the juvenile court or division.
(13)
(a)
The time period for reunification services may not exceed 12 months from the 
day on which the minor was initially removed from the minor's home, unless the time 
period is extended under Subsection 
80-3-409(7)
.
(b)
This section does not entitle any parent to an entire 12 months of reunification 
services.
(14)
(a)
If reunification services are ordered, the juvenile court may terminate those 
services at any time.
(b)
If, at any time, continuation of reasonable efforts to reunify a minor is determined to 
be inconsistent with the final permanency plan for the minor established under 
Section 
80-3-409
, then measures shall be taken, in a timely manner, to:
(i)
place the minor in accordance with the final permanency plan; and
(ii)
complete whatever steps are necessary to finalize the permanent placement of the 
minor.
(15)
Any physical custody of the minor by the parent or a relative during the period 
described in Subsections 
(10)
 through 
(14)
 does not interrupt the running of the period.
(16)
(a)
If reunification services are ordered, the juvenile court shall conduct a 
permanency hearing in accordance with Section 
80-3-409
 before the day on which 
the time period for reunification services expires.
(b)
The permanency hearing shall be held no later than 12 months after the original 
removal of the minor.
(c)
If reunification services are not ordered, a permanency hearing shall be conducted 
within 30 days in accordance with Section 
80-3-409
.
(17)
With regard to a minor in the custody of the division whose parent or parents are 
ordered to receive reunification services but who have abandoned that minor for a period 
of six months from the day on which reunification services are ordered:
(a)
the juvenile court shall terminate reunification services; and
(b)
the division shall petition the juvenile court for termination of parental rights.
(18)
When a minor is under the custody of the division and has been separated from a 
sibling due to foster care or adoptive placement, a juvenile court may order sibling 
visitation, subject to the division obtaining consent from the sibling's guardian, 
according to the juvenile court's determination of the best interests of the minor for 
whom the hearing is held.
(19)
(a)
If reunification services are not ordered under this section, and the whereabouts 
of a parent becomes known within six months after the day on which the out-of-home 
placement of the minor is made, the juvenile court may order the division to provide 
reunification services.
(b)
The time limits described in this section are not tolled by the parent's absence.
(20)
(a)
If a parent is incarcerated or institutionalized, the juvenile court shall order 
reasonable services unless the juvenile court determines that those services would be 
detrimental to the minor.
(b)
In making the determination described in Subsection 
(20)(a)
, the juvenile court shall 
consider:
(i)
the age of the minor;
(ii)
the degree of parent-child bonding;
(iii)
the length of the sentence;
(iv)
the nature of the treatment;
(v)
the nature of the crime or illness;
(vi)
the degree of detriment to the minor if services are not offered;
(vii)
for a minor who is 10 years old or older, the minor's attitude toward the 
implementation of family reunification services; and
(viii)
any other appropriate factors.
(c)
Reunification services for an incarcerated parent are subject to the time limitations 
imposed in this section.
(d)
Reunification services for an institutionalized parent are subject to the time 
limitations imposed in this section, unless the juvenile court determines that 
continued reunification services would be in the minor's best interest.
Section 17, Section 
80-3-504
 is amended to read:
80-3-504
. Petition for substantiation -- Court findings -- Expedited hearing -- 
Records of an appeal.
(1)
The division or an individual may file a petition for substantiation in accordance with 
Section
80-2-708
 or
80-2-1004
.
(2)
An adjudicative proceeding on a petition for substantiation may be stayed during the 
time a judicial action or an active criminal investigation on the same matter is pending.
(3)
If the division decides to file a petition for substantiation under Section 
80-2-1004
, the 
division shall file the petition 
no more than 14
within 30
 days after the day on which 
the division makes the decision.
(3)
(4)
At the conclusion of the hearing on a petition for substantiation, the juvenile court 
shall:
(a)
make a finding of substantiated, unsubstantiated, or without merit;
(b)
include the finding in a written order; and
(c)
deliver a certified copy of the order to the division.
(4)
(5)
If an individual whose name is listed on the Licensing Information System before 
May 6, 2002, files a petition for substantiation under Section 
80-2-1004
 during the time 
that an alleged perpetrator's application for clearance to work with children or vulnerable 
adults is pending, the juvenile court shall:
(a)
hear the matter on an expedited basis; and
(b)
enter a final decision no later than 60 days after the day on which the petition for 
substantiation is filed.
(5)
(6)
(a)
The juvenile court shall make a record of the juvenile court's findings under 
Subsection 
(4)
 available only to an individual with statutory authority to access the 
Licensing Information System for the purposes of licensing under Sections 
26B-1-211
, 
26B-2-120
, and 
26B-2-404
, or for the purposes described in Sections 
26B-2-121
, or 
26B-2-238
 through 
26B-2-241
, or 
53-2d-410
.
(b)
An appellate court shall make a record of an appeal from the juvenile court's decision 
under Subsection 
(3)
(4)
 available only to an individual with statutory authority to 
access the Licensing Information System for the purposes 
of licensing under 
Sections 
26B-1-211
, 26B-2-120, 26B-2-404, or for the purposes described in 
Sections 
53-2d-410
, 
26B-2-121
, 
26B-2-238
 through 
26B-2-241
, or 
26B-4-124
described in Subsection (6)(a)
.
Section 18. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
3-6-25 6:22 PM