Utah 2026 General Session Status: Enacted 2 R cosponsors

HB 105 — Child Welfare Revisions

Last action — Governor Signed

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced December 29, 2025. Enacted.

Signed by Governor Spencer Cox (Republican) on March 17, 2026.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Advancing 54% · moderate confidence

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (2 R).

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Bill Text

What changed in the latest version

72 added · 247 removed

Plain-language change summary

The recent amendments to Bill HB 105 focus on clarifying the procedures surrounding permanent custody and guardianship of minors. It now specifies the circumstances under which a parent can petition to change an existing custody order. This is important because it provides clearer pathways for parents seeking to modify custody arrangements, ensuring that the rights of families are considered in the juvenile court system. Additionally, the previous focus on search warrants related to child welfare has been removed entirely, indicating a shift in the bill's priorities.

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HB0105S01 compared with HB0105 {Omitted text} shows text that was in HB0105 but was omitted in HB0105S01 inserted text shows text that was not in HB0105 but was inserted into HB0105S01 DISCLAIMER:
Enrolled Copy H.B.
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105 Child Welfare Revisions GENERAL SESSION STATE OF UTAH Chief Sponsor:
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Child Welfare Revisions GENERAL SESSION STATE OF UTAH Chief Sponsor:
3 LONG TITLE General Description:
Wayne A.
This bill addresses {search warrants } orders of permanent custody and {investigative warrants relating to child welfare} guardianship of a minor.
Harper 3 LONG TITLE General Description:
This bill addresses orders of permanent custody and guardianship of a minor.
▸ {amends provisions regarding the issuance of warrants by a juvenile court;} ▸ {authorizes a juvenile court to issue an investigative warrant related to the health, safety, or welfare of a child;} ▸ {states that a peace officer or child welfare caseworker who is executing a search warrant or an investigative warrant may request assistance in executing the warrant;
▸ addresses when a parent may file a petition to modify an order of permanent custody and guardianship.
and} ▸ {makes technical and conforming changes.} ▸ addresses when a parent may file a petition to modify an order of permanent custody Hnd guardianship.
Money Appropriated in this Bill:
B Money Appropriated in this Bill:
None Other Special Clauses:
1 None 0 HB0105 compared with HB0105S01 Other Special Clauses:
{78A-6-102 , as last amended by Laws of Utah 2022, Chapter 335} 78A-6-357 , as last amended by Laws of Utah 2025, Chapter 365 {80-2a-202 , as last amended by Laws of Utah 2025, Chapter 48} Be it enacted by the Legislature of the state of Utah:
78A-6-357, as last amended by Laws of Utah 2025, Chapter 365 Be it enacted by the Legislature of the state of Utah:
{Section 1.
Section 78A-6-102 is amended to read:
} 78A-6-102.
Establishment of juvenile court -- Organization and status of court -- Purpose.
(1) There is established a juvenile court for the state.
(2) (a) The juvenile court is a court of record.
(b) The juvenile court shall have a seal.
(c) The juvenile court's judges, clerks, and referees have the power to administer oaths and affirmations.
(d) The juvenile court has the authority to issue [search ]warrants, subpoenas, or investigative subpoenas under:
(i) [under Section 80-2a-202, ]Part 4a, Adult Criminal Proceedings, Title 80, Chapter 3, Abuse, Neglect, and Dependency Proceedings, Title 80, Chapter 4, Termination and Restoration of Parental Rights, and Title 80, Chapter 6, Juvenile Justice, for the same purposes and in the same manner as described in Title 77, Utah Code of Criminal Procedure, and the Utah Rules of Criminal Procedure, for the issuance of search warrants, subpoenas, or investigative subpoenas in other trial courts in the state[.] ;
and (ii) Section 80-2a-202.
(3) The juvenile court is of equal status with the district courts of the state.
(4) The juvenile court is established as a forum for the resolution of all matters properly brought before the juvenile court, consistent with applicable constitutional and statutory requirements of due process.
(5) The purpose of the court under this chapter is to:
- 2 - HB0105 compared with HB0105S01 (a) promote public safety and individual accountability by the imposition of appropriate sanctions on persons who have committed acts in violation of law;
(b) order appropriate measures to promote guidance and control, preferably in the minor's own home, as an aid in the prevention of future unlawful conduct and the development of responsible citizenship;
(c) where appropriate, order rehabilitation, reeducation, and treatment for persons who have committed acts bringing them within the court's jurisdiction;
(d) adjudicate matters that relate to minors who are beyond parental or adult control and to establish appropriate authority over these minors by means of placement and control orders;
(e) adjudicate matters that relate to abused, neglected, and dependent children and to provide care and protection for minors by placement, protection, and custody orders;
(f) remove a minor from parental custody only where the minor's safety or welfare, or the public safety, may not otherwise be adequately safeguarded;
and (g) consistent with the ends of justice, act in the best interests of the minor in all cases and preserve and strengthen family ties.
78A-6-357.
78A-6-357 .
(2) (a) Except as provided in Subsection (3), a juvenile court may modify or set aside any order or decree made by the juvenile court.
(2)(a) Except as provided in Subsection (3), a juvenile court may modify or set aside any order or decree made by the juvenile court.
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or (ii) extend supervision over a minor, except in accordance with Section 80-6-712.
or H.B.
(3) (a) A parent or guardian of a child whose legal custody has been transferred by the juvenile court to an individual, agency, or institution may petition the juvenile court for restoration of custody or other modification or revocation of the juvenile court's order or decree, except as provided in Subsections (3)(b), (c), and (d) and for a transfer of legal custody for secure care.
105 Enrolled Copy (ii) extend supervision over a minor, except in accordance with Section 80-6-712.
- 3 - HB0105 compared with HB0105S01 (b) A parent or guardian may only petition the juvenile court under Subsection (3)(a) on the ground that a change of circumstances has occurred that requires modification or revocation in the best interest of the child or the public.
(3)(a) A parent or guardian of a child whose legal custody has been transferred by the juvenile court to an individual, agency, or institution may petition the juvenile court for restoration of custody or other modification or revocation of the juvenile court's order or decree, except as provided in Subsections (3)(b), (c), and (d) and for a transfer of legal custody for secure care.
(b) A parent or guardian may only petition the juvenile court under Subsection (3)(a) on the ground that a change of circumstances has occurred that requires modification or revocation in the best interest of the child or the public.
(e) (i) A parent may file a petition to modify an order of permanent custody and guardianship only if:
(e)(i) A parent may file a petition to modify an order of permanent custody and guardianship only if:
(4) (a) An individual, agency, or institution vested with legal custody of a child may petition the juvenile court for a modification of the custody order on the ground that the change is necessary for the welfare of the child or in the public interest.
(4)(a) An individual, agency, or institution vested with legal custody of a child may - 2 - Enrolled Copy H.B.
105 petition the juvenile court for a modification of the custody order on the ground that the change is necessary for the welfare of the child or in the public interest.
- 4 - HB0105 compared with HB0105S01 (5) Notice of hearing is required in any case in which the effect of modifying or setting aside an order or decree may be to make any change in the minor's legal custody under Section 80-3-405 or 80-6-703.
(5) Notice of hearing is required in any case in which the effect of modifying or setting aside an order or decree may be to make any change in the minor's legal custody under Section 80-3-405 or 80-6-703.
(6) (a) Upon the filing of a petition under Subsection (3)(a), the juvenile court shall make a preliminary investigation.
(6)(a) Upon the filing of a petition under Subsection (3)(a), the juvenile court shall make a preliminary investigation.
{Section 2.
Section 80-2a-202 is amended to read:
} 80-2a-202.
Removal of a child by a peace officer or child welfare caseworker -- Search warrants and investigative warrants -- Protective custody and temporary care of a child.
(1) A peace officer or child welfare caseworker may remove a child or take a child into protective custody, temporary custody, or custody in accordance with this section.
(2) (a) Except as provided in Subsection (2)(b), a peace officer or a child welfare caseworker may not enter the home of a child whose case is not under the jurisdiction of the juvenile court, remove a child from the child's home or school, or take a child into protective custody unless:
- 5 - HB0105 compared with HB0105S01 (i) there exist exigent circumstances sufficient to relieve the peace officer or the child welfare caseworker of the requirement to obtain a[ search] warrant under Subsection (3);
(ii) the peace officer or child welfare caseworker obtains a[ search] warrant under Subsection (3);
(iii) the peace officer or child welfare caseworker obtains a court order after the child's parent or guardian is given notice and an opportunity to be heard;
or (iv) the peace officer or child welfare caseworker obtains the consent of the child's parent or guardian.
(b) A peace officer or a child welfare caseworker may not take action under Subsection (2)(a) solely on the basis of:
(i) educational neglect, truancy, or failure to comply with a court order to attend school;
(ii) the possession or use, in accordance with Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis, of cannabis in a medicinal dosage form, a cannabis product in a medicinal dosage form, or a medical cannabis device, as those terms are defined in Section 26B-4-201;
or (iii) subject to Subsection (2)(c), a parent's agreement or disagreement with a minor child of the couple's:
(A) assertion that the child's gender identity is different from the child's biological sex;
(B) practice of having or expressing a different gender identity than the child's biological sex;
or (C) sexual orientation.
(c) Subsection (2)(b)(iii) does not preclude a peace officer or a child welfare caseworker from taking action under Subsection (2)(a) if the parent's agreement or disagreement with a minor child as described in Subsection (2)(b)(iii) results in or is related to harm, as that term is defined in Section 80-1-102, to the minor child.
(3) (a) The juvenile court may issue a warrant authorizing a peace officer or a child welfare caseworker to search for a child and take the child into protective custody if it appears to the juvenile court upon a verified petition, recorded sworn testimony, or an affidavit sworn to by a peace officer or another individual, and upon the examination of other witnesses if required by the juvenile court, that there is probable cause to believe that:
(i) there is a threat of substantial harm to the child's health or safety;
(ii) it is necessary to take the child into protective custody to avoid the harm described in Subsection (3)(a)(i);
and - 6 - HB0105 compared with HB0105S01 (iii) it is likely that the child will suffer substantial harm if the child's parent or guardian is given notice and an opportunity to be heard before the child is taken into protective custody.
(b) The juvenile court may issue an investigative warrant authorizing a peace officer or a child welfare caseworker to view a child, view a child's home environment, examine a child for signs of abuse or neglect, or interview a child regarding the child's health, safety, or welfare, if it appears to the juvenile court upon a verified petition, recorded sworn testimony, or an affidavit sworn to by a peace officer or child welfare caseworker, and upon the examination of other witnesses if required by the juvenile court, that there is probable cause to believe that:
(i) there is a credible threat to the child's health, safety, or welfare;
(ii) it is necessary to view, examine, or interview the child to ensure the child's health, safety, or welfare;
and (iii) the peace officer or child welfare caseworker has made diligent efforts to ensure the child's health, safety, or welfare by other legal means but has been unable or not permitted to view, examine, or interview the child to ensure the child's health, safety, or welfare.
[(b)] (c) In accordance with Section 77-23-210, a peace officer [making the search under Subsection (3) (a)] executing a warrant under Subsection (3)(a) or (3)(b) may enter a house or premises by force, if necessary, in order to [remove the child] execute the warrant.
(d) A peace officer or a child welfare caseworker who is executing a warrant under Subsection (3)(a) or (3)(b) may request other persons to assist in executing the warrant.
(4) (a) A child welfare caseworker may take action under Subsection (2) accompanied by a peace officer or without a peace officer if a peace officer is not reasonably available.
(b) (i) Before taking a child into protective custody, and if possible and consistent with the child's safety and welfare, a child welfare caseworker shall determine whether there are services available that, if provided to a parent or guardian of the child, would eliminate the need to remove the child from the custody of the child's parent or guardian.
(ii) In determining whether the services described in Subsection (4)(b)(i) are reasonably available, the child welfare caseworker shall consider the child's health, safety, and welfare as the paramount concern.
- 7 - HB0105 compared with HB0105S01 (iii) If the child welfare caseworker determines the services described in Subsection (4)(b)(i) are reasonably available, the services shall be utilized.
(5) (a) If a peace officer or a child welfare caseworker takes a child into protective custody under Subsection (2), the peace officer or child welfare caseworker shall:
(i) notify the child's parent or guardian in accordance with Section 80-2a-203;
and (ii) release the child to the care of the child's parent or guardian or another responsible adult, unless:
(A) the child's immediate welfare requires the child remain in protective custody;
or (B) the protection of the community requires the child's detention in accordance with Chapter 6, Part 2, Custody and Detention.
(b) (i) If a peace officer or child welfare caseworker is executing a warrant under Subsection (3), the peace officer or child welfare caseworker shall take the child to:
(A) a shelter facility;
or (B) if the division makes an emergency placement under Section 80-2a-301, the emergency placement.
(ii) If a peace officer or a child welfare caseworker takes a child to a shelter facility under Subsection (5)(b)(i), the peace officer or the child welfare caseworker shall promptly file a written report that includes the child's information, on a form provided by the division, with the shelter facility.
(c) A child removed or taken into protective custody under this section may not be placed or kept in detention pending court proceedings, unless the child may be held in detention under Chapter 6, Part 2, Custody and Detention.
(6) (a) The juvenile court shall issue a warrant authorizing a peace officer or a child welfare worker to search for a child who is missing, has been abducted, or has run away, and take the child into physical custody if the juvenile court determines that the child is missing, has been abducted, or has run away from the protective custody, temporary custody, or custody of the division.
(b) If the juvenile court issues a warrant under Subsection (6)(a):
(i) the division shall notify the child's parent or guardian who has a right to parent-time with the child in accordance with Subsection 80-2a-203(5)(a);
(ii) the court shall order:
- 8 - HB0105 compared with HB0105S01 (A) the law enforcement agency that has jurisdiction over the location from which the child ran away to enter a record of the warrant into the National Crime Information Center database within 24 hours after the time in which the law enforcement agency receives a copy of the warrant;
and (B) the division to notify the law enforcement agency described in Subsection (6)(b)(ii)(A) of the order described in Subsection (6)(b)(ii)(A);
and (c) the court shall specify the location to which the peace officer or the child welfare caseworker shall transport the child.
Effective date.
1-27-26 2:32 PM - 9 -
- 3 -
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Action History

  1. Governor Signed

  2. House/ to Governor

  3. House/ received enrolled bill from Printing

  4. House/ enrolled bill to Printing

  5. Enrolled Bill Returned to House or Senate

  6. Draft of Enrolled Bill Prepared

  7. Bill Received from House for Enrolling

  8. House/ signed by Speaker/ sent for enrolling

  9. House/ received from Senate

  10. Senate/ to House

  11. Senate/ signed by President/ returned to House

  12. Senate/ passed 3rd reading

  13. Senate/ 3rd reading

  14. Senate/ passed 2nd reading

  15. Senate/ 2nd reading

  16. Senate/ placed on 2nd Reading Calendar

  17. Senate/ committee report favorable [Senate Health and Human Services Committee]

  18. Senate Comm - Favorable Recommendation [Senate Health and Human Services Committee]

  19. Senate/ to standing committee [Senate Health and Human Services Committee]

  20. Senate/ 1st reading (Introduced)

  21. Senate/ received from House

  22. House/ to Senate

  23. House/ passed 3rd reading

  24. House/ 3rd reading

  25. House/ 2nd reading

  26. House/ comm rpt/ substituted [House Judiciary Committee]

  27. House Comm - Favorable Recommendation [House Judiciary Committee]

  28. House Comm - Substitute Recommendation [House Judiciary Committee]

  29. LFA/ fiscal note publicly available for HB0105S01

  30. LFA/ fiscal note sent to sponsor for HB0105S01

  31. House Comm - Not Considered [House Judiciary Committee]

  32. LFA/ bill sent to agencies for fiscal input for HB0105S01

  33. LFA/ bill assigned to staff for fiscal analysis for HB0105S01

  34. House/ to standing committee [House Judiciary Committee]

  35. House/ received fiscal note from Fiscal Analyst

  36. LFA/ fiscal note publicly available for HB0105

  37. House/ 1st reading (Introduced)

  38. LFA/ fiscal note sent to sponsor for HB0105

  39. House/ received bill from Legislative Research

  40. LFA/ bill sent to agencies for fiscal input for HB0105

  41. LFA/ bill assigned to staff for fiscal analysis for HB0105

  42. Numbered Bill Publicly Distributed

  43. Bill Numbered but not Distributed

Sponsors

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 102 not signed on

Sponsors (1)

Co-sponsors (1)

Not signed on (102)

102 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

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Frequently asked questions

Who sponsors HB 105?
HB 105 is sponsored by Wayne A. Harper (Republican) and Christine F. Watkins (Republican).
What is the current status of HB 105?
This bill has been enacted into law. Introduced December 29, 2025. Enacted.
Where can I track HB 105?
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