SB 141 — Child Welfare Amendments

and (B) request a review, to be held before removal of the child, by a third party neutral fact finder or if the child is placed with the foster parents for a period of [at[ at least two years] 12 months or longer, request a review, to be held before removal of the child, by the juvenile court judge currently assigned to the child's case or, if the juvenile court judge currently assigned to the child's case is not available, another juvenile court judge.

(3)(3)(a) (a) If the division removes a child from a foster home based on the child's statement alone, the division shall initiate and expedite the processes described in Subsection (2).

- 7 - SB0141 compared with SB0141S02 (b) The division may not take formal action with regard to the foster parent's license until after the processes described in Subsection (2), in addition to any other procedure or hearing required by law, are completed.

(a)- take7 action,- orS.B. encourage another to take action, against the license of a foster parent;

141 Enrolled Copy (a) take action, or encourage another to take action, against the license of a foster parent;

80-3-102.80-3-102 .

- 8 - SB0141 compared with SB0141S02 (a) abused;

(a) is the child's [grandparent, great grandparent, aunt, great aunt, uncle, great uncle, brother-in-brother-in-law, law, sister-in-law, stepparent, first cousin, stepsibling, or sibling] {relation } grandparent, great grandparent, aunt or uncle, great aunt or uncle, parent, sibling, or first, second, or third cousin by blood, marriage, or adoption;

[(b) is a first cousin of the child's parent;] [(c)] (b) is a permanent guardian or parent of the child's sibling;[ or] (c) {has an established } as established by rule by the division in accordance with Title 63G, Chapter 4, Administrative- Procedures8 Act,- hasEnrolled aCopy relationshipS.B. with the child or the child's immediate family member{, and who possesses historical knowledge of the child's culture, family traditions, or heritage sufficient to support and maintain the child's connection to the child's familial or cultural identity} that is more than a relationship described in Subsection (4);

141 Administrative Procedures Act, has a relationship with the child or the child's immediate family member that is more than a relationship described in Subsection (4);

80-3-107.80-3-107 .

(1)(1)(a) (a) Except as provided in Subsections [(1)(c) through ] (1)(d) and (e), in an abuse, neglect, or dependency proceeding occurring after the commencement of a shelter hearing under Section - 9 - SB0141 compared with SB0141S02 80-3-301, or the filing of an abuse, neglect, or dependency petition, each party to the proceeding shall provide in writing to any other party or the other party's counsel any information that the party:

(d) If a party to a proceeding obtains information after the deadline described in Subsection (1)(b), the information is exempt from the disclosure required under Subsection (1)(a) if the party certifies to the juvenile court that the information was obtained- after9 the- deadline.S.B.

141 Enrolled Copy obtained after the deadline.

(2)(2)(a) (a) Except as provided in Subsection (2)(b), and notwithstanding any other provision of law:

- 10 - SB0141 compared with SB0141S02 (ii) disclosure of the record would jeopardize the life or physical safety of a child who has been a victim of abuse or neglect, or any individual who provided substitute care for the child;

Section- 6.10 - Enrolled Copy S.B.

141 Section 6.

80-3-301.80-3-301 .

- 11 - SB0141 compared with SB0141S02 (i) the reasons for removal or other action of the division under Subsection (1);

(a)- the11 appropriate- guardianS.B. ad litem;

141 Enrolled Copy (a) the appropriate guardian ad litem;

(5)(5)(a) (a) At the shelter hearing, the juvenile court shall:

and - 12 - SB0141 compared with SB0141S02 (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.

(d) the available services that could facilitate the return of the child to the custody of the child's- parent12 or- guardian;Enrolled Copy S.B.

141 child's parent or guardian;

(8)(8)(a) (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.

(9)(9)(a) (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 - 13 - SB0141 compared with SB0141S02 evidence, consistent with the protections and requirements provided in Subsection 80-2a-201(1), that any one of the following exists:

(ii)(ii)(A) (A) the child is suffering emotional damage that results in a serious impairment in the child's growth, development, behavior, or psychological functioning;

(A)- a13 parent- orS.B. guardian;

141 Enrolled Copy (A) a parent or guardian;

(ix)(ix)(A) (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;

- 14 - SB0141 compared with SB0141S02 (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)(xi)(A) (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;

(xii)(xii)(A) (A) the child or a minor residing in the same household has been neglected;

(xiv)(xiv)(A) (A) the child's welfare is substantially endangered;

(B) is identified by a law enforcement agency as the primary suspect in an investigation- for14 intentionally,- knowingly,Enrolled orCopy recklesslyS.B. causing the death of another parent of the child;

141 investigation for intentionally, knowingly, or recklessly causing the death of another parent of the child;

(b)(b)(i) (i) Prima facie evidence of the finding described in Subsection (9)(a)(i) is established if:

- 15 - SB0141 compared with SB0141S02 (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)(10)(a)(i) (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.

(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- efforts15 or- to,S.B. 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.

141 Enrolled Copy 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.

(14)(14)(a) (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.

- 16 - SB0141 compared with SB0141S02 (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.

80-3-302.80-3-302 .

(b)(b)(i) (i) "Parent" does not include an unmarried biological father, as defined in Section 81-13-101, who has not strictly complied with Sections 81-13-212 and 81-13-213 before the removal of the child or voluntary surrender of the child by the custodial parent.

(2)(2)(a) (a) At the shelter hearing, if the juvenile court orders that a child be removed from the custody of the child's parent in accordance with Section 80-3-301, the juvenile court shall first determine whether there is another parent with whom the child was not residing at the time the events or conditions that brought the child within the juvenile court's- jurisdiction16 occurred,- whoEnrolled desiresCopy toS.B. assume custody of the child.

(b)141 Subjectcourt's tojurisdiction Subsectionoccurred, [(7)]who (2)(c), if another parent [requests custody] desires to assume custody underof Subsection (2)(a), the juvenile court shall place the child [with] in that [parent] parent's - 17 - SB0141 compared with SB0141S02 temporary custody unless the juvenile court finds that the placement would be unsafe or otherwise detrimental to the child.

(b) Subject to Subsection [(7)] (2)(c), if another parent [requests custody] desires to assume custody under Subsection (2)(a), the juvenile court shall place the child [with] in that [parent] parent's temporary custody unless the juvenile court finds that the placement would be unsafe or otherwise detrimental to the child.

(c)- the17 child- shouldS.B. be placed with a relative under Subsections (6) through (9);

141 Enrolled Copy (c) the child should be placed with a relative under Subsections (6) through (9);

-(5)(a) 18 - SB0141 compared with SB0141S02 (5) (a) Legal custody of the child is not affected by an order entered under Subsection (2) or (3).

(7)(7)(a)(i) (a) (i) Subject to Subsection (7)(b), and if the provisions of this section are satisfied, the division and the juvenile court shall give preferential consideration to a relative's or a friend's request for placement of the child, if the placement is in the best interest of the child.

(b)(b)(i)(A) (i) - 19 - SB0141 compared with SB0141S02 (A) The preferential consideration that the juvenile court or division initially grants a friend under Subsection (7)(a)(i) expires 120 days after the day on which the shelter hearing occurs.

(B)- After18 the- dayEnrolled onCopy whichS.B. the time period described in Subsection (7)(b)(i)(A) expires, the division or the juvenile court may not grant preferential consideration to a friend, who has not obtained custody or asserted an interest in the child.

(ii)141 (A)(B) UntilAfter eight months after the day on which the sheltertime hearingperiod occurs,described thein preferentialSubsection consideration(7)(b)(i)(A) thatexpires, the juveniledivision court or divisionthe grantsjuvenile acourt relativemay undernot Subsectiongrant (7)(a)(i)preferential isconsideration to a rebuttablefriend, presumptionwho thathas placementnot ofobtained thecustody childor withasserted aan relative is in the best interest ofin the child.

(ii)(A) Until eight months after the day on which the shelter hearing occurs, the preferential consideration that the juvenile court or division grants a relative under Subsection (7)(a)(i) is a rebuttable presumption that placement of the child with a relative is in the best interest of the child.

and - 20 - SB0141 compared with SB0141S02 (iv) shall give preference to a friend designated by the child if:

(A)- the19 child- isS.B. of sufficient maturity to articulate the child's wishes;

141 Enrolled Copy (A) the child is of sufficient maturity to articulate the child's wishes;

(e)(e)(i) (i) If a parent of the child or the child, if the child is of sufficient maturity to articulate the child's wishes in relation to a placement, is not able to designate a friend who is a licensed foster parent for placement of the child, but is able to identify a friend who is willing to become licensed as a foster parent, the department shall fully cooperate to expedite the licensing process for the friend.

(8)(8)(a) (a) If a relative or friend who is willing to cooperate with the child's permanency goal is identified under Subsection (6)(a), the juvenile court:

(ii) if the child will be placed with a noncustodial parent, complete a background check- that20 includes:- Enrolled Copy S.B.

-141 21 - SB0141 compared with SB0141S02 (A) the background check requirements applicable to an emergency placement with a noncustodial parent that areincludes: described in Subsections 80-2a-301(4) and (6);

(A) the background check requirements applicable to an emergency placement with a noncustodial parent that are described in Subsections 80-2a-301(4) and (6);

(9) - 2221 - SB0141S.B. compared with SB0141S02 (a) The juvenile court may place a child described in Subsection (2)(a) in the temporary custody of the division, pending the division's investigation under Subsection (8), and the juvenile court's determination regarding the appropriateness of the placement.

141 Enrolled Copy (9)(a) The juvenile court may place a child described in Subsection (2)(a) in the temporary custody of the division, pending the division's investigation under Subsection (8), and the juvenile court's determination regarding the appropriateness of the placement.

(13)(13)(a) (a) If the juvenile court awards temporary custody of a child to the division, and the division places the child with a relative, the division shall:

(i)- conduct22 a- criminalEnrolled backgroundCopy checkS.B. of the relative that complies with the criminal background check provisions described in Section 80-3-305;

and141 -(i) 23conduct -a SB0141criminal comparedbackground withcheck SB0141S02of (ii)the ifrelative thethat resultscomplies ofwith the criminal background check provisions described in Subsection (13)(a)(i) would prohibit the relative from having direct access to the child under Section 26B-2-120,80-3-305; the division shall:

and (ii) if the results of the criminal background check described in Subsection (13)(a)(i) would prohibit the relative from having direct access to the child under Section 26B-2-120, the division shall:

(15)(15)(a) (a) If a child reenters the temporary custody or the custody of the division and the child is not placed with an individual who is a parent, relative, or friend, the division shall:

- 2423 - SB0141S.B. compared with SB0141S02 (17) If the juvenile court's decision differs from a child's express wishes if the child is of sufficient maturity to articulate the wishes in relation to the child's placement, the juvenile court shall make findings explaining why the juvenile court's decision differs from the child's wishes.

141 Enrolled Copy (17) If the juvenile court's decision differs from a child's express wishes if the child is of sufficient maturity to articulate the wishes in relation to the child's placement, the juvenile court shall make findings explaining why the juvenile court's decision differs from the child's wishes.

(19)(19)(a) (a) If, for a relative placement, an interstate placement requested under the Interstate Compact on the Placement of Children has been initiated by the division or is ordered by or pending before the juvenile court, the court may not finalize a non-relative placement unless the court gives due weight to:

80-3-303.80-3-303 .

(e) may place the child with a noncustodial parent, relative, or friend, using the same criteria established for an emergency placement under Section 80-2a-301, pending the- results24 of:- Enrolled Copy S.B.

141 the results of:

and - 25 - SB0141 compared with SB0141S02 (ii) evaluation with the noncustodial parent, relative, or friend to determine the individual's capacity to provide ongoing care to the child;

(4)(4)(a) (a) An objection by a party to a placement determination or an actual placement with a parent, relative, or friend that such placement is contrary to the best interest of the child shall be filed with the juvenile courtcourt. {on or before the later of:} .

{(i)(b) {10An daysobjection ofdescribed thein division'sSubsection placement(4)(a) ofshall be resolved by the child;juvenile court:

or} } {(ii) {10 days of the division's notification of the placement of the child to the individual filing the objection.} } (b) An objection described in Subsection (4)(a) shall be resolved by the juvenile court:

or (ii) for an objection to a placement determination or actual placement with a relative or friend, within 30 days of the filing.

[(4)] (5)(5)(a) (a) If, for a relative placement, an interstate placement requested under the Interstate Compact on the Placement of Children has been initiated by the division or is ordered by or pending before the juvenile court, the court may not finalize a non-relative placement unless the court gives due weight to:

-81-13-216 26. - SB0141 compared with SB0141S02 81-13-216.

(a)- "Postadoption25 contact- agreement"S.B. means a document, agreed upon [prior to] before the finalization of an adoption of a minor child[ in the custody of the division], that outlines the relationship between an adoptive parent, birth parent, or other birth relative, and the minor child after the finalization of adoption.

141 Enrolled Copy (a) "Postadoption contact agreement" means a document, agreed upon [prior to] before the finalization of an adoption of a minor child[ in the custody of the division], that outlines the relationship between an adoptive parent, birth parent, or other birth relative, and the minor child after the finalization of adoption.

(2)(2)(a) (a) Notwithstanding any other provision in this chapter, if a child adoptee[ in the custody of the division] is placed for adoption, the prospective adoptive parent and birth parent, or other birth relative, may enter into a postadoption contact agreement as provided in this section.

or - 27 - SB0141 compared with SB0141S02 (B) cease providing the information described in Subsection (4)(a)(iii) to the birth parent or other birth relative;

and (b) state that following the adoption, the court shall presume that the adoptive parent's judgment about the best interest of the child adoptee is correct in any action seeking to- enforce,26 modify,- orEnrolled terminateCopy theS.B. agreement.

141 to enforce, modify, or terminate the agreement.

Effective date.

- 28 - SB0141 compared with SB0141S02 This bill takes effect on May 6, 2026.

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