(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.

Section 2.

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 parent:

- 3 - SB0124S01 compared with SB0124S02 (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:

- 4 - SB0124S01 compared with SB0124S02 (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.

- 5 - SB0124S01 compared with SB0124S02 (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) "Credible threat" means a threat supported by specific and articulated facts, known to the petitioner at the time the warrant is sought, that would lead a reasonable person to conclude that a child faces a current or ongoing risk of harm, as that term is defined in Subsection (39).

[(19)] (20) "Criminogenic risk factors" means evidence-based factors that are associated with a minor's likelihood of reoffending.

[(20)] (21) "Department" means the Department of Health and Human Services created in Section 26B-1-201.

[(21)] (22) "Dependent child" or "dependency" means a child who is without proper care through no fault of the child's parent, guardian, or custodian.

[(22)] (23) "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)] (24) "Detention" means home detention or secure detention.

[(24)] (25) "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)] (26) "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)] (27) "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.

- 6 - SB0124S01 compared with SB0124S02 [(27)] (28) "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)] (29) "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)] (30) "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)] (31) "Emancipated" means the same as that term is defined in Section 80-7-102.

[(31)] (32) "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)] (33) "Forensic evaluator" means the same as that term is defined in Section 77-15-2.

[(33)] (34) "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)] (35) "Gender identity" means the same as that term is defined in Section 34A-5-102.

[(35)] (36) "Group rehabilitation therapy" means psychological and social counseling of one or more individuals in the group, depending upon the recommendation of the therapist.

[(36)] (37) "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.

[(37)] (38) "Guardian ad litem" means the same as that term is defined in Section 78A-2-801.

[(38)] (39) "Harm" means:

(a) physical or developmental injury or damage;

- 7 - SB0124S01 compared with SB0124S02 (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.

[(39)] (40) "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.

[(40)] (41) (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.

[(41)] (42) "Indian child" means the same as that term is defined in 25 U.S.C.

Sec.

1903.

[(42)] (43) "Indian tribe" means the same as that term is defined in 25 U.S.C.

Sec.

1903.

[(43)] (44) "Indigent defense service provider" means the same as that term is defined in Section 78B-22-102.

[(44)] (45) "Indigent defense services" means the same as that term is defined in Section 78B-22-102.

[(45)] (46) "Indigent individual" means the same as that term is defined in Section 78B-22-102.

[(46)] (47) (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.

- 8 - SB0124S01 compared with SB0124S02 (b) "Intake probation" does not include formal probation.

[(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.

[(48)] (49) "Juvenile offender" means:

(a) a serious youth offender;

or (b) a youth offender.

[(49)] (50) "Juvenile probation officer" means a probation officer appointed under Section 78A-6-205.

[(50)] (51) "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.

[(51)] (52) "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.

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

[(53)] (54) "Management Information System" means the Management Information System developed by the Division of Child and Family Services under Section 80-2-1001.

[(54)] (55) "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.

[(55)] (56) "Minor" means, except as provided in Sections 80-6-501, 80-6-901, and 80-7-102:

- 9 - SB0124S01 compared with SB0124S02 (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).

[(56)] (57) "Mobile crisis outreach team" means the same as that term is defined in Section 26B-5-101.

[(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) (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 81-14-203;

or - 10 - SB0124S01 compared with SB0124S02 (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 76-5-115(2);

(E) remaining at home unattended;

or (F) engaging in a similar independent activity.

[(59)] (60) "Neglected child" means a child who has been subjected to neglect.

[(60)] (61) "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)] (62) "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.

- 11 - SB0124S01 compared with SB0124S02 [(62)] (63) (a) "Parent" means, except as provided in Section 80-3-302, an individual with a parent-child relationship to a minor under Section 81-5-201.

(b) "Parent" includes the minor's noncustodial parent as defined in Section 81-1-101.

[(63)] (64) "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.

[(64)] (65) "Physical abuse" means abuse that results in physical injury or damage to a child.

[(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.

(b) "Probation" includes intake probation or formal probation.

[(66)] (67) "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.

[(67)] (68) "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.

[(68)] (69) "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 - 12 - SB0124S01 compared with SB0124S02 (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.

[(69)] (70) "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.

[(70)] (71) (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.

[(71)] (72) (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.

- 13 - SB0124S01 compared with SB0124S02 [(72)] (73) "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.

[(73)] (74) "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.

[(74)] (75) "Secure care facility" means a facility, established in accordance with Section 80-5-503, for juvenile offenders in secure care.

[(75)] (76) "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.

[(76)] (77) "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.

[(77)] (78) "Severe abuse" means abuse that causes or threatens to cause serious harm to a child.

[(78)] (79) "Severe neglect" means neglect that causes or threatens to cause serious harm to a child.

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

- 14 - SB0124S01 compared with SB0124S02 (F) chronic neglect;

or (G) severe neglect;

or (ii) if committed by an individual who is under 18 years old:

(A) causing serious 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 Section 53G-8-301 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 [(79)(c)] (80)(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 [(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) (a) "Sexual abuse" means:

(i) an act or attempted act of sexual intercourse, sodomy, incest, or molestation by an adult directed towards a child;

(ii) an act or attempted act of sexual intercourse, sodomy, incest, or molestation committed by a child towards another child if:

(A) there is an indication of force or coercion;

(B) the children are related, as described in Subsection [(40)] (41), including siblings by marriage while the marriage exists or by adoption;

or (C) the act or attempted act constitutes unlawful sexual activity as described in Section 76-5-401.3.

(iii) 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:

- 15 - SB0124S01 compared with SB0124S02 (A) Title 76, Chapter 5, Part 4, Sexual Offenses;

(B) child bigamy, Section 76-7-101.5;

(C) incest, Section 76-7-102;

(D) voyeurism, Section 76-12-306;

(E) recorded or photographed voyeurism, Section 76-12-307;

or (F) distribution of images obtained through voyeurism, Section 76-12-308;

or (iv) 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.

(b) "Sexual abuse" does not include engaging in any conduct with a child that would constitute an offense described in:

(i) Section 76-5-401, unlawful sexual activity with a minor, if the alleged perpetrator of the offense is a minor;

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

[(81)] (82) "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.

[(82)] (83) "Shelter" means the temporary care of a child in a physically unrestricted facility pending a disposition or transfer to another jurisdiction.

[(83)] (84) "Shelter facility" means a nonsecure facility that provides shelter for a minor.

- 16 - SB0124S01 compared with SB0124S02 [(84)] (85) "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.

[(85)] (86) "Single criminal episode" means the same as that term is defined in Section 76-1-401.

[(86)] (87) "Status offense" means an offense that would not be an offense but for the age of the offender.

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

[(88)] (89) "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.

[(89)] (90) "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.

[(90)] (91) "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.

- 17 - SB0124S01 compared with SB0124S02 [(91)] (92) "Termination of parental rights" means the permanent elimination of all parental rights and duties, including residual parental rights and duties, by court order.

[(92)] (93) "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.

[(93)] (94) "Threatened harm" means actions, inactions, or credible verbal threats, indicating that the child is at an unreasonable risk of harm or neglect.

[(94)] (95) "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.

[(95)] (96) "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 [(95)(a)] (96)(a) and (b).

[(96)] (97) "Unsubstantiated" means a judicial finding that there is insufficient evidence to conclude that abuse, neglect, or dependency occurred.

[(97)] (98) "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.

[(98)] (99) "Validated risk and needs assessment" means an evidence-based tool that assesses a minor's risk of reoffending and a minor's criminogenic needs.

[(99)] (100) "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.

[(100)] (101) "Youth offender" means an individual who is:

- 18 - SB0124S01 compared with SB0124S02 (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 3.

Section 80-2-402 is amended to read:

80-2-402.

Child welfare training coordinator -- Mandatory education and training of child welfare caseworkers -- Development of curriculum.

(1) There is created within the division a full-time position of a child welfare training coordinator.

(2) The child welfare training coordinator is not responsible for direct casework services or the supervision of casework services, but is required to:

(a) develop child welfare curriculum that:

(i) is current and effective, consistent with the division's mission and purpose for child welfare;

and (ii) utilizes curriculum and resources from a variety of sources including those from:

(A) the public sector;

(B) the private sector;

and (C) inside and outside of the state;

(b) recruit, select, and supervise child welfare trainers;

(c) develop a statewide training program, including a budget and identification of sources of funding to support that training;

(d) evaluate the efficacy of training in improving job performance;

(e) assist child protective services and foster care workers in developing and fulfilling their individual training plans;

(f) monitor staff compliance with division training requirements and individual training plans;

and (g) expand the collaboration between the division and schools of social work within institutions of higher education in developing child welfare services curriculum, and in providing and evaluating training.

(3) The director shall, with the assistance of the child welfare training coordinator, establish and ensure child welfare caseworker competency regarding a core curriculum for child welfare services that:

(a) is driven by child safety and family well-being;

(b) emphasizes child and family voice;

(c) is based on a policy, procedure, program, or practice that demonstrates an ability to minimize retraumatization associated with the criminal and juvenile justice system;

and - 19 - SB0124S01 compared with SB0124S02 (d) is consistent with national child welfare practice standards.

(4) A child welfare caseworker shall complete training in:

(a) the legal duties of a child welfare caseworker;

(b) the responsibility of a child welfare caseworker to protect the safety and legal rights of children, parents, and families at all stages of a case, including:

(i) initial contact;

(ii) safety and risk assessment, as described in Section 80-2-403;

and (iii) intervention;

(c) recognizing situations involving:

(i) substance abuse;

(ii) domestic violence;

(iii) abuse;

and (iv) neglect;

and (d) the relationship of the Fourth and Fourteenth Amendments of the Constitution of the United States to the child welfare caseworker's job, including:

(i) search and seizure of evidence;

(ii) the warrant requirement;

(iii) exceptions to the warrant requirement;

and (iv) removing a child from the custody of the child's parent or guardian.

(5) The division shall train the division's child welfare caseworkers to:

(a) apply the risk assessment tools and rules described in Subsection [80-1-102(84)] 80-1-102(85);

and (b) develop child and family plans that comply with:

(i) federal mandates;

and (ii) the specific needs of the child and the child's family.

(6) The division shall use the training of child welfare caseworkers to emphasize:

(a) the importance of maintaining the parent-child relationship;

(b) the preference for providing in-home services over taking a child into protective custody, both for the emotional well-being of the child and the efficient allocation of resources;

and (c) the importance and priority of:

(i) kinship placement in the event a child must be taken into protective custody;

and - 20 - SB0124S01 compared with SB0124S02 (ii) guardianship placement, in the event the parent-child relationship is legally terminated and no appropriate adoptive placement is available.

(7) If a child welfare caseworker is hired, before assuming independent casework responsibilities, the division shall ensure that the child welfare caseworker has:

(a) completed the training described in Subsections (4), (5), and (6);

and (b) participated in sufficient skills development for a child welfare caseworker.

Section 4.

Section 80-2a-202 is amended to read:

80-2a-202.

Removal of a child by a peace officer or child welfare caseworker -- Protective custody warrants and {investigative } child safety 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:

(i) there exist exigent circumstances sufficient to relieve the peace officer or the child welfare caseworker of the requirement to obtain a{[ }[search] protective custody {protective custody }warrant under Subsection (3);

(ii) the peace officer or child welfare caseworker obtains a{[ }[search] protective custody {protective custody }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 - 21 - SB0124S01 compared with SB0124S02 (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 protective custody 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 (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 } a child safety warrant authorizing a peace officer or a child welfare caseworker to view a child, view a child's home environmentfor signs of abuse or neglect, 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, supported by specific and articulable facts, 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 - 22 - SB0124S01 compared with SB0124S02 (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 protective custody warrant under Subsection (3)(a) or {an investigative } a child safety warrant under Subsection (3)(b) may enter a house or premises by force, if necessary, in order to [remove the child] execute the warrant.

(d) Except as described in Subsection (2)(a)(i), an individual that is executing a child safety warrant may not take a child into protective custody unless the individual obtains a protective custody warrant in accordance with Subsection (3)(a).

{ Ĥ→ {} {[} (d)} (4) (a) A peace officer or a child welfare caseworker who is executing a protective custody {]{} { ←Ĥ } { Ĥ→ } {} [{warrant } may take action under Subsection {(3)(a) } (2) accompanied by a peace officer or {an investigative warrant under Subsection (3)(b) } without a peace officer if{]{} { ←Ĥ } { Ĥ→ } {} [} ] that is executing a protective custody warrant or a child safety warrant in accordance with this section shall be accompanied by a peace officer, unless{may request } a peace officer is not reasonably available.

(b) (i) {other persons} 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) { to assist in executing } In determining whether the services described in Subsection (4)(b)(i) are reasonably available, the child welfare caseworker shall consider the {warrant} child's health, safety, and welfare as the paramount concern.{] {[(e)] (d) ←Ĥ } Except as described in Subsection (2)(a)(i), an individual that is executing an investigative warrant may not take a child into protective custody unless the individual obtains a protective custody warrant in accordance with Subsection (3)(a).} {(4)} (iii) - 23 - SB0124S01 compared with SB0124S02 {(a)} A } If the child welfare caseworker {may take action under } determines the services described in Subsection {(2) accompanied by a peace officer or without a peace officer if a peace officer is not } (4)(b)(i) are reasonably available, the services shall be utilized.

{(b)} (5) {(i)} (a) {Before taking } If a peace officer or a child welfare caseworker takes a child into protective custodyunder Subsection (2), {and if possible and consistent with } the {child's safety and welfare, a } peace officer or 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)} (i) {In determining whether the services described } notify the child's parent or guardian 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.} accordance with Section 80-2a-203;

and {(iii)} (ii) {If } release the child {welfare caseworker determines } to the care of the {services described in Subsection (4)(b)(i) are reasonably available} child's parent or guardian or another responsible adult, {the services shall be utilized.} unless:

{(5)} (A) {(a)} If a peace officer or a child } the child's immediate welfare {caseworker takes a child into } requires the child remain in protective custody {under Subsection (2), the peace officer or child welfare caseworker shall:} ;

or {(i)} (B) {notify } the protection of the community requires the child's {parent or guardian } detention in accordance with {Section 80-2a-203;

and} Chapter 6, Part 2, Custody and Detention.

{(ii)} (b) (i) {release the } If a peace officer or child {to the care of the child's parent or guardian or another responsible adult, unless:} welfare caseworker is executing a warrant under Subsection {(A)} [{the child's immediate welfare requires the child remain in protective custody;

or} (3) {(B)} ] (3)(a){the protection of } , the peace officer or child welfare caseworker shall take the {community requires the child's detention in accordance with Chapter 6, Part 2, Custody and Detention.} child to:

{(b)} (A) - 24 - SB0124S01 compared with SB0124S02 {(i)} If a peace officer or child welfare caseworker is executing a warrant under Subsection (3), the peace officer } a shelter facility;

or {child welfare caseworker shall take the child to:} {(A)} (B) {a shelter facility;

or} if the division makes an emergency placement under Section 80-2a-301, the emergency placement.

{(B)} (ii) {if } 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 {makes an emergency placement under Section 80-2a-301} , {the emergency placement} with the shelter facility.

{(ii)} (c) {If a peace officer } A child removed or {a child welfare caseworker takes a child to a shelter facility } taken into protective custody under {Subsection (5)(b)(i), } this section may not be placed or kept in detention pending court proceedings, unless 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} child may be held in detention under Chapter 6, Part 2, Custody and Detention.

{(c)} (6) (a) {A } The juvenile court shall issue a warrant authorizing a peace officer or a child {removed } welfare worker to search for a child who is missing, has been abducted, or {taken } has run away, and take the child into {protective } physical custody {under this section may not be placed or kept in detention pending } if the juvenile court {proceedings} determines that the child is missing, has been abducted, or has run away from the protective custody, {unless } temporary custody, or custody of the {child may be held in detention under Chapter 6, Part 2, Custody and Detention} division.

{(6)} (b) {(a)} The } If the juvenile court {shall issue } issues 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.} under Subsection (6)(a):

- 25 - SB0124S01 compared with SB0124S02 {(b)} (i) {If } the {juvenile court issues } division shall notify the child's parent or guardian who has a {warrant under Subsection (6)(a):} right to parent-time with the child in accordance with Subsection 80-2a-203(5)(a);

{(i)} (ii) the {court } division shall {order:} 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)} (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} court shall order:

{(A)} (B) the {division to notify } 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 {described in Subsection (6)(b)(ii)(A) } receives a copy of the {order described in Subsection (6)(b)(ii)(A)} warrant;

and {(B)} (c) the {court shall specify the location to which } division to notify the {peace officer or the child welfare caseworker shall transport the child.} 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.} Section 5.

Section 80-3-204 is amended to read:

80-3-204.

Protective custody of a child after a petition is filed -- Grounds.

(1) When an abuse, neglect, or dependency petition is filed, the juvenile court shall apply, in addressing the petition, the least restrictive means and alternatives available to accomplish a compelling state interest and to prevent irretrievable destruction of family life as described in Subsections 80-2a-201(1) and (7)(a) and Section 80-4-104.

(2) After an abuse, neglect, or dependency petition is filed, if the child who is the subject of the petition is not in protective custody, a juvenile court may order that the child be removed from the child's home or otherwise taken into protective custody if the juvenile court finds, by a preponderance of the evidence, that any one or more of the following circumstances exist:

(a) (i) there is an imminent danger to the physical health or safety of the child;

and - 26 - SB0124S01 compared with SB0124S02 (ii) the child's physical health or safety may not be protected without removing the child from the custody of the child's parent or guardian;

(b) (i) a parent or guardian engages in or threatens the child with unreasonable conduct that causes the child to suffer harm;

and (ii) there are no less restrictive means available by which the child's emotional health may be protected without removing the child from the custody of the child's parent or guardian;

(c) the child or another child residing in the same household has been, or is considered to be at substantial risk of being, physically abused, sexually abused, or sexually exploited, by a parent or guardian, a member of the parent's or guardian's household, or other individual known to the parent or guardian;

(d) the parent or guardian is unwilling to have physical custody of the child;

(e) the child is abandoned or left without any provision for the child's support;

(f) a parent or guardian who has been incarcerated or institutionalized has not arranged or cannot arrange for safe and appropriate care for the child;

(g) (i) a relative or other adult custodian with whom the child is left by the parent or guardian is unwilling or unable to provide care or support for the child;

(ii) the whereabouts of the parent or guardian are unknown;

and (iii) reasonable efforts to locate the parent or guardian are unsuccessful;

(h) subject to Subsection [80-1-102(58)(b)] 80-1-102(59)(b) and Sections 80-3-109 and 80-3-304, the child is in immediate need of medical care;

(i) (i) a parent's or guardian's actions, omissions, or habitual action create an environment that poses a serious risk to the child's health or safety for which immediate remedial or preventive action is necessary;

or (ii) a parent's or guardian's action in leaving a child unattended would reasonably pose a threat to the child's health or safety;

(j) the child or another child residing in the same household has been neglected;

(k) the child's parent:

(i) intentionally, knowingly, or recklessly causes the death of another parent of the child;

- 27 - SB0124S01 compared with SB0124S02 (ii) is identified by a law enforcement agency as the primary suspect in an investigation for intentionally, knowingly, or recklessly causing the death of another parent of the child;

or (iii) is being prosecuted for or has been convicted of intentionally, knowingly, or recklessly causing the death of another parent of the child;

(l) an infant is an abandoned infant, as defined in Section 80-4-203;

(m) (i) the parent or guardian, or an adult residing in the same household as the parent or guardian, is charged or arrested pursuant to Title 58, Chapter 37d, Clandestine Drug Lab Act;

and (ii) any clandestine laboratory operation was located in the residence or on the property where the child resided;

or (n) the child's welfare is otherwise endangered.

(3) (a) For purposes of Subsection (2)(a), if a child has previously been adjudicated as abused, neglected, or dependent, and a subsequent incident of abuse, neglect, or dependency occurs involving the same substantiated abuser or under similar circumstance as the previous abuse, that fact is prima facie evidence that the child cannot safely remain in the custody of the child's parent.

(b) For purposes of Subsection (2)(c):

(i) another child residing in the same household may not be removed from the home unless that child is considered to be at substantial risk of being physically abused, sexually abused, or sexually exploited as described in Subsection (2)(c) or Subsection (3)(b)(ii);

and (ii) if a parent or guardian has received actual notice that physical abuse, sexual abuse, or sexual exploitation by an individual known to the parent has occurred, and there is evidence that the parent or guardian failed to protect the child, after having received the notice, by allowing the child to be in the physical presence of the alleged abuser, that fact is prima facie evidence that the child is at substantial risk of being physically abused, sexually abused, or sexually exploited.