HB 372 — Child Welfare Changes

(10)(10)(a) (a) The Judicial Council shall establish written procedures authorizing the presiding officer of the Judicial Council to appoint judges of courts of record by special or general assignment to serve temporarily in another level of court in a specific court or generally within that level.

and (ii)- reported7 to- theH.B. Judicial Council.

372 Enrolled Copy (ii) reported to the Judicial Council.

(11)(11)(a) (a) The Judicial Council may by rule designate municipalities in addition to those designated by statute as a location of a trial court of record.

- 8 - HB0372 compared with HB0372S05 (c) Any trial court of record may hold court in any municipality designated as a location of a court of record.

(14)(14)[(a)] [(a)] The Judicial Council shall:

Section 478A-2-104.5 is enacted to read:

78A-2-104.5.78A-2-104.5 .

(a)- seven8 members- appointedEnrolled byCopy theH.B. Judicial Council, including:

372 (a) seven members appointed by the Judicial Council, including:

- 9 - HB0372 compared with HB0372S05 (iv) a behavioral or mental health clinical provider with experience working with families involved in child welfare cases;

(d) annually review a randomly selected sample of the statewide guardian ad litem program- cases,9 including- attorneyH.B. guardian ad litem and private guardian ad litem cases;

372 Enrolled Copy program cases, including attorney guardian ad litem and private guardian ad litem cases;

- 10 - HB0372 compared with HB0372S05 (b) compliance with the requirement to conduct an independent investigation, meet with the minor, and keep the minor informed regarding the case;

(6)(6)(a) (a) If the committee discusses an individual case, the committee shall close the committee's meeting in accordance with Title 52, Chapter 4, Open and Public Meetings Act.

(i)- the10 unique- roleEnrolled ofCopy anH.B. attorney guardian ad litem;

372 (i) the unique role of an attorney guardian ad litem;

- 11 - HB0372 compared with HB0372S05 (8) A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with:

78A-2-702.78A-2-702 .

[(3)] (c){(d)}(d) "Guardian ad litem" means an attorney guardian ad litem or a private attorney guardian ad litem.

[(4)] (d){(e)}(e) "Office" means the Office of Guardian ad Litem, created in Section 78A-2-802.

[(5)] (e){(f)}(f) "Private attorney guardian ad litem" means an attorney designated by the office in accordance with Section 78A-2-705 who is not an employee of the office.

(2) {Under this part the best interest } A determination of a {minor } minor's best interest under this part shall be {considered within the full context and proper application of Section } made in accordance with Sections 80-2a-201, 80-4-10480-4-104, , and {other } any other section of this title consistent with those sectionssections. {consistent Section 80-4-104} .

78A-2-704.78A-2-704 .

(b)- the11 fundamental- libertiesH.B. of parents and the public policy of the state to support family unification to the fullest extent possible;

372 Enrolled Copy (b) the fundamental liberties of parents and the public policy of the state to support family unification to the fullest extent possible;

- 12 - HB0372 compared with HB0372S05 (d) the use of a least restrictive means analysis regarding state claims of a compelling child welfare interest;

78A-2-801.78A-2-801 .

(2) {Under this part the best interest } A determination of a {minor } minor's best interest under this chapter shall be {considered within the full context and proper application of Section } made in - 1312 - HB0372Enrolled comparedCopy withH.B. HB0372S05 accordance with Sections 80-2a-201, 80-4-104 , and {other } any other section of this title consistent with those sections {consistent Section 80-4-104} .

372 (2) A determination of a minor's best interest under this chapter shall be made in accordance with Sections 80-2a-201, 80-4-104, and any other section of this title consistent with those sections.

78A-2-802.78A-2-802 .

(2)(2)(a) (a) The Guardian [Ad] ad Litem Oversight Committee shall appoint one individual to serve full time as the guardian ad litem director for the state.

- 14 - HB0372 compared with HB0372S05 (d) develop and provide training programs for volunteers in accordance with the United States- Department13 of- JusticeH.B. National Court Appointed Special [Advocates] Advocate Association standards;

372 Enrolled Copy States Department of Justice National Court Appointed Special [Advocates] Advocate Association standards;

[(k)]- (l)14 hire,- train,Enrolled andCopy superviseH.B. investigators;

and372 -[(k)] 15(l) -hire, HB0372train, comparedand withsupervise HB0372S05investigators; [(l)] (m) administer the program of private attorney guardians ad litem established under Section 78A-2-705.

and [(l)] (m) administer the program of private attorney guardians ad litem established under Section 78A-2-705.

78A-2-803.78A-2-803 .

(1)(1)(a) (a) The court:

and - 16 - HB0372 compared with HB0372S05 (ii) nationally recognized standards for an attorney guardian ad litem;

(c) conducts or supervises an ongoing, independent investigation in order to obtain, first-hand,- a15 clear- understandingH.B. of the situation[ and] , needs, and wishes of the minor;

(d)372 (i)Enrolled personallyCopy meetsfirst-hand, witha clear understanding of the minor,situation[ unless:and] , needs, and wishes of the minor;

(d)(i) personally meets with the minor, unless:

and (iii) if the minor is placed in an out-of-home placement, or is being considered for placement in an out-out-of-home of-home placement, unless it would be detrimental to the minor[:] , [(A)] to the extent possible, determines the minor's goals and concerns regarding placement[;

- 17 - HB0372 compared with HB0372S05 (i) in cases where a child and family plan is required, personally or through a trained volunteer, paralegal, or other trained staff, monitors implementation of a minor's child and family plan and any dispositional orders to:

(i)- determine16 whether- servicesEnrolled orderedCopy byH.B. the court:

372 (i) determine whether services ordered by the court:

(4)(4)(a) (a) Consistent with this Subsection (4), an attorney guardian ad litem may use trained volunteers, in accordance with Title 67, Chapter 20, Volunteer Government Workers Act, trained paralegals, and other trained staff to assist in investigation and preparation of information regarding the cases of individual minors before the court.

(6)(6)(a) (a) Consistent with Subsection (6)(b), the juvenile court is responsible for:

(c)(c)(i) (i) When the court appoints an attorney guardian ad litem under this section, the court may assess all or part of the attorney fees, court costs, and paralegal, staff, and volunteer expenses against the minor's parents, parent, or legal guardian in a proportion that the court determines to be just and appropriate, taking into consideration costs already borne by the parents, parent, or legal guardian, including:

- 18 - HB0372 compared with HB0372S05 (A) private attorney fees;

(A)- a17 legal- guardian,H.B. when that guardian is the state;

372 Enrolled Copy (A) a legal guardian, when that guardian is the state;

(8)(8)(a) (a) An attorney guardian ad litem shall represent the best interest of a minor.

- 19 - HB0372 compared with HB0372S05 (a) whether the minor expressed a desire to be present at the hearing;

or (iii)- indirectly18 with- theEnrolled minorCopy throughH.B. an assigned trained volunteer, in accordance with Subsection (4).

(10)372 (a)(iii) Aindirectly minorwith maythe requestminor athrough change in an appointedassigned attorneytrained guardianvolunteer, adin litemaccordance directlywith ifSubsection there(4). is good cause.

(10)(a) A minor may request a change in an appointed attorney guardian ad litem directly if there is good cause.

[(10)] (12)(12)(a) (a) An attorney guardian ad litem shall conduct an independent investigation regarding the minor at issue, the minor's family, and what is in the best interest of the minor.

(c)(c)(i) (i) An attorney guardian ad litem may meet with a client during a team meeting, court hearing, or similar venue when a child welfare caseworker is present for a purpose other than the attorney guardian ad litem's meeting with the client.

[(11)] (13)(13)(a) (a) An attorney guardian ad litem shall maintain current and accurate records regarding:

(b) In every hearing where the attorney guardian ad litem makes a recommendation regarding the best interest of the minor, the court shall require the attorney guardian ad litem to disclose the activities - 20 - HB0372 compared with HB0372S05 and sources of the attorney guardian ad litem's independent investigation and factors that form the basis of the recommendation.

[(12)] (14)(14)(a) (a) Except as provided in Subsection [(12)(b)] (14)(b), and notwithstanding Title 63G, Chapter 2, Government Records Access and Management Act, all records of an attorney guardian ad litem are confidential and may not be released or made public upon subpoena, search warrant, discovery proceedings, or otherwise.

(b) Consistent with Subsection [(12)(d)] (14)(d), all records of an attorney guardian ad litem:- 19 - H.B.

372 Enrolled Copy litem:

(c)(c)(i) (i) Except as provided in Subsection [(12)(c)(ii)] (14)(c)(ii), the Legislature shall maintain records released in accordance with Subsection [(12)(b)] (14)(b) as confidential.

(d)(d)(i) (i) Subsection [(12)(b)] (14)(b) is an exception to Utah Rules of Professional Conduct, Rule 1.6, as provided by Rule 1.6(b)(4), because of:

(15)(15)(a) (a) An attorney guardian ad litem shall respond to case-related discovery.

(16)(16)(a) (a) An attorney guardian ad litem should make a best interest recommendation based on the attorney guardian ad litem's direct knowledge and independent and personal investigation.

- 21 - HB0372 compared with HB0372S05 (b) The Office of Guardian ad Litem's director or a managing attorney shall preserve the independent investigation of an attorney guardian ad litem as required in Subsection (12)(a) and may not direct an attorney guardian ad litem to take a certain position or make a particular recommendation.

80-1-102.80-1-102 .

(1)(1)(a) (a) "Abuse" means:

(i)(i)(A) (A) nonaccidental harm of a child;

(B)- threatened20 harm- ofEnrolled aCopy child;H.B.

372 (B) threatened harm of a child;

or (D) to remove a weapon in the possession of a child for any of the reasons described in Subsections (1)(1)(b)(iii)(A) (b)(iii)(A) through (C).

-(3)(a) 22 - HB0372 compared with HB0372S05 (3) (a) "Adjudication" means, except as provided in Subsection (3)(b):

(i)- an21 admission- byH.B. a minor described in Section 80-6-306 until the juvenile court enters the minor's admission;

372 Enrolled Copy (i) an admission by a minor described in Section 80-6-306 until the juvenile court enters the minor's admission;

(4)(4)(a) (a) "Adult" means an individual who is 18 years old or older.

- 23 - HB0372 compared with HB0372S05 (e) a representative of the appropriate Children's Justice Center, if one is established within the county where the child resides;

(12)(12)(a) (a) "Chronic abuse" means repeated or patterned abuse.

(13)(13)(a) (a) "Chronic neglect" means repeated or patterned neglect.

(14)- "Clandestine22 laboratory- operation"Enrolled meansCopy theH.B. same as that term is defined in Section 58-37d-3.

372 (14) "Clandestine laboratory operation" means the same as that term is defined in Section 58-37d-3.

- 24 - HB0372 compared with HB0372S05 (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.

and (b)- have23 a- rationalH.B. as well as factual understanding of the proceedings.

372 Enrolled Copy (b) have a rational as well as factual understanding of the proceedings.

and - 25 - HB0372 compared with HB0372S05 (b) subject to return to the juvenile court in accordance with Section 80-6-607.

(a)- physical24 or- developmentalEnrolled injuryCopy orH.B. damage;

372 (a) physical or developmental injury or damage;

[(40)] (41)(41)(a) (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.

- 26 - HB0372 compared with HB0372S05 (ii) relationships of parent and child by adoption;

[(46)] (47)(47)(a) (a) "Intake probation" means a minor is:

[(47)]- (48)25 "Intellectual- disability"H.B. 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.

372 Enrolled Copy [(47)] (48) "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.

- 27 - HB0372 compared with HB0372S05 [(52)] (53) "Licensing Information System" means the Licensing Information System maintained by the Division of Child and Family Services under Section 80-2-1002.

(i)- (A)26 who- isEnrolled atCopy leastH.B. 18 years old and younger than 21 years old;

372 (i)(A) who is at least 18 years old and younger than 21 years old;

(ii)(ii)(A) (A) who is at least 18 years old and younger than 25 years old;

or (iii)(iii)(A) (A) who is at least 18 years old and younger than 21 years old;

- 28 - HB0372 compared with HB0372S05 [(57)] (58) "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.

[(58)] (59)(59)(a) (a) "Neglect" means action or inaction causing:

(ii) a health care decision made for a child by the child's parent or guardian, unless the- state27 or- otherH.B. party to a proceeding shows, by clear and convincing evidence, that the health care decision is not reasonable and informed;

372 Enrolled Copy the state or other party to a proceeding shows, by clear and convincing evidence, that the health care decision is not reasonable and informed;

or - 29 - HB0372 compared with HB0372S05 (F) engaging in a similar independent activity.

and (b)(b)(i) (i) the minor;

[(62)] (63)(63)(a) (a) "Parent" means, except as provided in Section 80-3-302, an individual with a parent-child relationship to a minor under Section 81-5-201.

[(64)]- (65)28 "Physical- abuse"Enrolled meansCopy abuseH.B. that results in physical injury or damage to a child.

[(65)]372 (66)[(64)] (a)(65) "Probation""Physical abuse" means aabuse legalthat statusresults createdin byphysical courtinjury order,or followingdamage an adjudication under Section 80-6-701, whereby the minor is permitted to remaina inchild. the minor's home under prescribed conditions.

[(65)] (66)(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.

- 30 - HB0372 compared with HB0372S05 (c) any county attorney or assistant county attorney;

and (b) supervision and assistance to correct the abuse, neglect, or dependency is provided by- an29 agency- designatedH.B. by the juvenile court.

[(70)]372 (71)Enrolled (a)Copy "Relatedby condition"an meansagency adesignated conditionby that:the juvenile court.

[(70)] (71)(a) "Related condition" means a condition that:

and - 31 - HB0372 compared with HB0372S05 (iv) constitutes a substantial limitation to the individual's ability to function in society.

[(71)] (72)(72)(a) (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:

or- (b)30 under- SectionEnrolled 80-6-704.Copy H.B.

372 or (b) under Section 80-6-704.

- 32 - HB0372 compared with HB0372S05 (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;

[(79)] (80)(80)(a) (a) "Severe type of child abuse or neglect" means, except as provided in Subsection [(79)(b)] (80(b):(80)(b):

(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- dangerous31 object- inH.B. the possession or under the control of a child or to protect the child or another individual from physical injury;

372 Enrolled Copy other dangerous object in the possession or under the control of a child or to protect the child or another individual from physical injury;

- 33 - HB0372 compared with HB0372S05 (c) Subsection [(79)(b)(iii)] (80)(b)(iii) does not prohibit a parent or guardian from exercising the right to obtain a second health care opinion.

[(80)] (81)(81)(a) (a) "Sexual abuse" means:

or (ii)- Section32 76-5-417,- enticingEnrolled aCopy minor.H.B.

372 (ii) Section 76-5-417, enticing a minor.

or - 34 - HB0372 compared with HB0372S05 (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;

[(87)] (88) "Substance abuse" means, except as provided in Section 80-2-603, the misuse or excessive- use33 of- alcoholH.B. or other drugs or substances.

372 Enrolled Copy excessive use of alcohol or other drugs or substances.

- 35 - HB0372 compared with HB0372S05 [(89)] (90) "Substitute care" means:

[(95)] (96) "Ungovernable" means a child in conflict with a parent or guardian, and the conflict:- 34 - Enrolled Copy H.B.

372 conflict:

or - 36 - HB0372 compared with HB0372S05 (c) results in the situations described in Subsections [(95)(a)] (96)(a) and (b).

80-2-102.80-2-102 .

[(4)]- (d)35 "Custody,"- withH.B. regard to the division, means the custody of a minor in the division as of the date of disposition.

372 Enrolled Copy [(4)] (d) "Custody," with regard to the division, means the custody of a minor in the division as of the date of disposition.

- 37 - HB0372 compared with HB0372S05 [(i)] (A) day-care center;

[(13)] (m)(m)[(a)] [(a)] (i) "Person responsible for the child's care" means the child's parent, guardian, or other person responsible for the child's care.

[(b)] (ii) "Person responsible for the child's care" includes a person responsible for the child's care in the same home as the child, a relative's home, a group, family, or day- care36 facility,- aEnrolled fosterCopy careH.B. home, or a residential institution.

372 day care facility, a foster care home, or a residential institution.

- 38 - HB0372 compared with HB0372S05 [(15)] (o) "Secondary sex characteristic surgical procedure" means the same as that term is defined in Section 58-67-102.

[(19)] (s)(s)[(a)] [(a)] (i) "Subject of the report" means a person reported under Part 6, Child Abuse and Neglect Reports.

(2) {Under this chapter the best interest } A determination of a {minor } minor's best interest under this chapter shall be {considered within the full context and proper application of Section } made in accordance with Sections 80-2a-201, 80-4-10480-4-104, , and {other sections consistent therewith} any other section of this title consistent with those sections.

80-2a-101.80-2a-101 .

- 3937 - HB0372H.B. compared with HB0372S05 (b) is the first cousin of the child's parent;

372 Enrolled Copy (b) is the first cousin of the child's parent;

(8) {Under this chapter the best interest } A determination of a {minor } minor's best interest under this chapter shall be {considered within the full context and proper application of Section } made in accordance with Sections 80-2a-201, 80-4-10480-4-104, , and {other sections consistent therewith} any other section of this title consistent with those sections.

80-3-102.80-3-102 .

- 40 - HB0372 compared with HB0372S05 [(7)] (g) "Sibling" means the same as that term is defined in Section 80-2-102.

[(8)]- (h)38 "Sibling- visitation"Enrolled meansCopy theH.B. same as that term is defined in Section 80-2-102.

372 [(8)] (h) "Sibling visitation" means the same as that term is defined in Section 80-2-102.

(2) {Under this chapter the best interest } A determination of a {minor } minor's best interest under this chapter shall be {considered within the full context and proper application of Section } made in accordance with Sections 80-2a-201, 80-4-10480-4-104, , and {other sections consistent therewith} any other section of this title consistent with those sections.

80-3-104.80-3-104 .

(1)(1)(a) (a) A minor who is the subject of a juvenile court hearing, any person entitled to notice under Section 80-3-201 or 80-3-301, preadoptive parents, foster parents, and any relative providing care for the minor, are:

(2)(2)(a) (a) The parent or guardian of a minor who is the subject of an abuse, neglect, or dependency petition has the right to be represented by counsel, and to present evidence, at each hearing.

(3)(3)(a) - 41 - HB0372 compared with HB0372S05 (a) In an abuse, neglect, or dependency proceeding under this chapter, the juvenile court shall order that the child be represented by an attorney guardian ad litem, in accordance with Section 78A-2-803.

(i)- at39 the- shelterH.B. hearing and at all subsequent court and administrative proceedings, including any proceeding for termination of parental rights in accordance with Chapter 4, Termination and Restoration of Parental Rights;

372 Enrolled Copy (i) at the shelter hearing and at all subsequent court and administrative proceedings, including any proceeding for termination of parental rights in accordance with Chapter 4, Termination and Restoration of Parental Rights;

(5)(5)(a) (a) The juvenile court shall admit any individual to a hearing under this chapter, including a hearing under Section 80-3-205, unless the juvenile court makes a finding upon the record that the individual's presence at the hearing would:

80-4-102.80-4-102 .

[(2)] (b) "Failure of parental adjustment" means that a parent or parents are unable or unwilling within a reasonable time to substantially correct the circumstances, conduct, or conditions that led to - 42 - HB0372 compared with HB0372S05 placement of their child outside of their home, notwithstanding reasonable and appropriate efforts made by the division to return the child to the home.

[(4)] (d) "Petition to restore parental rights" means a petition filed in accordance with this chapter- to40 restore- theEnrolled rightsCopy ofH.B. a parent with regard to a child.

372 chapter to restore the rights of a parent with regard to a child.

(2) {Under this chapter the best interest } A determination of a {minor } minor's best interest under this chapter shall be {considered within the full context and proper application of Section } made in accordance with Sections 80-2a-201, 80-4-10480-4-104, , and {other sections consistent therewith} any other section of this title consistent with those sections.

81-13-202.81-13-202 .

(1)(1)(a) (a) In every adoption of a minor child that, the best interest of the minor child should govern and be of foremost concern in a court's determination.

(4)(4)(a) (a) The Legislature specifically finds that it is not in a minor child's best interest to be adopted by a person or persons who are cohabiting in a relationship that is not a legally valid and binding marriage under the laws of this state.

- 43 - HB0372 compared with HB0372S05 (b) Nothing in this section limits or prohibits the court's placement of a minor child with a single adult who is not cohabiting or a person who is a relative of the minor child or a recognized placement under the Indian Child Welfare Act, 25 U.S.C.

(b)- an41 unmarried- birthH.B. mother, faced with the responsibility of making crucial decisions about the future of a newborn child, is entitled to privacy, and has the right to make timely and appropriate decisions regarding her future and the future of the newborn child, and is entitled to assurance regarding the permanence of an adoptive placement;

372 Enrolled Copy (b) an unmarried birth mother, faced with the responsibility of making crucial decisions about the future of a newborn child, is entitled to privacy, and has the right to make timely and appropriate decisions regarding her future and the future of the newborn child, and is entitled to assurance regarding the permanence of an adoptive placement;

(6)(6)(a) (a) In enacting this chapter, the Legislature has prescribed the conditions for determining whether an unmarried biological father's action is sufficiently prompt and substantial to require constitutional protection.

(c)(c)(i) - 44 - HB0372 compared with HB0372S05 (i) A certain degree of finality is necessary in order to facilitate the state's compelling interest.

(d)(d)(i) (i) The Legislature finds no practical way to remove all risk of fraud or misrepresentation in adoption proceedings, and has provided a method for absolute- protection42 of- anEnrolled unmarriedCopy biologicalH.B. father's rights by compliance with the provisions of this chapter.

372 absolute protection of an unmarried biological father's rights by compliance with the provisions of this chapter.

Effective date.

2-23-26 2:22 PM - 4543 -