SB 257 — Domestic Relations Amendments

26B-8-301.26B-8-301 .

- 9 - SB0257 compared with SB0257S04 As used in this part:

(5)(5)(a) (a) "Disinterested witness" means:

(6)(6)(a) (a) "Document of gift" means a donor card or other record used to make an anatomical gift.gift.[ The term] (b) "Document of gift" includes a statement or symbol on a driver license, identification card, or donor registry.

[The term] (b) "Document of gift" includes a statement or symbol on a driver license, identification card, or donor registry.

(8)- "Donor9 registry"- meansS.B. a database that contains records of anatomical gifts and amendments to or revocations of anatomical gifts.

257 Enrolled Copy (8) "Donor registry" means a database that contains records of anatomical gifts and amendments to or revocations of anatomical gifts.

- 10 - SB0257 compared with SB0257S04 (10) "Eye bank" means a person that is licensed, accredited, or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage, or distribution of human eyes or portions of human eyes.

(18)(18)(a) (a) "Part" means an organ, an eye, or tissue of a human being.being.[ The term] (b) "Part" does not include the whole body.

[The term] (b) "Part" does not include the whole body.

(21)- "Procurement10 organization"- meansEnrolled anCopy eyeS.B. bank, organ procurement organization, or tissue bank.

257 (21) "Procurement organization" means an eye bank, organ procurement organization, or tissue bank.

- 11 - SB0257 compared with SB0257S04 (a) means an individual who is dead or near death and has been determined by a procurement organization to have a part that could be medically suitable for transplantation, therapy, research, or education;

(30)(30)(a) (a) "Tissue" means a portion of the human body other than an organ or an eye.

(31) "Tissue bank" means a person that is licensed, accredited, or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage, or distribution- of11 tissue.- S.B.

257 Enrolled Copy distribution of tissue.

-26B-9-104 12. - SB0257 compared with SB0257S04 26B-9-104.

(h) [to ]establish and maintain the state case registry in the manner required by the Social Security Act, 42 U.S.C.

(i) the amount of monthly or other periodic support owed under the order, and other amounts,- including12 arrearages,- interest,Enrolled lateCopy paymentS.B. penalties, or fees, due or overdue under the order;

257 amounts, including arrearages, interest, late payment penalties, or fees, due or overdue under the order;

- 13 - SB0257 compared with SB0257S04 (iv) the birth date of any child for whom the order requires the provision of support;

(i)- the13 greater- thanS.B. seven consecutive day period starts during one month and ends in the next month;

257 Enrolled Copy (i) the greater than seven consecutive day period starts during one month and ends in the next month;

- 14 - SB0257 compared with SB0257S04 (3) The Division of Child and Family Services is not entitled to child support, for a child to whom the child support relates, for a calendar month when child support services may not be provided under Subsection (2).

(4) To conduct the review described in Subsection (1)(m) or (1)(n), the office may consider input from the Judicial Council, members of the Utah State Bar [Association ]representing] representing attorneys who practice family law, individuals with economic expertise, and other interested parties.

53-29-101.53-29-101 .

[(4)] (5)(5)(a) (a) "Convicted" means a plea or conviction of:

[(7)]- (8)14 "Kidnap- offender"Enrolled meansCopy anS.B. individual who meets the requirements under Subsection 53-29-202(2)(c).

-257 15[(7)] -(8) SB0257"Kidnap comparedoffender" with SB0257S04 [(8)] (9) "Offender" means an individual who qualifiesmeets asthe arequirements sexunder offender,Subsection a53-29-202(2)(c). kidnap offender, or a child abuse offender as described in Section 53-29-202.

[(9)][(8)] (10)(9) (a)"Offender" "Onlinemeans identifier"an meansindividual anywho electronicqualifies mail,as chat,a instantsex messenger,offender, sociala networking,kidnap offender, or similara namechild usedabuse foroffender [Internet]as internetdescribed communication.in Section 53-29-202.

[(9)] (10)(a) "Online identifier" means any electronic mail, chat, instant messenger, social networking, or similar name used for [Internet] internet communication.

(11)(11)(a) (a) "Parent" means, with respect to a child, an individual who has a parent-child relationship, as defined in Section 81-5-102, with the child.

53-29-201.53-29-201 .

- 16 - SB0257 compared with SB0257S04 (c) Indian country;

(d)- a15 United- StatesS.B. territory;

257 Enrolled Copy (d) a United States territory;

53-29-202.53-29-202 .

- 17 - SB0257 compared with SB0257S04 (ix) unlawful sexual activity with a minor under Section 76-5-401, except as provided in- Subsection16 76-5-401(3)(b)- orEnrolled (c);Copy S.B.

257 in Subsection 76-5-401(3)(b) or (c);

- 18 - SB0257 compared with SB0257S04 (B) recorded or photographed voyeurism under Section 76-12-307;

(xxxiii) kidnapping under Subsection 76-5-301(2)(c) or (d), if the offender was not the- [natural17 ]parent- ofS.B. the child victim;

(xxxiv)257 childEnrolled kidnappingCopy under Section 76-5-301.1, if the offender was not the [natural ]parent of the child victim;

(xxxv)(xxxiv) aggravatedchild kidnapping under Section 76-5-302,76-5-301.1, if the offender was not the [natural[ natural ]parent of the child victim;

(xxxv) aggravated kidnapping under Section 76-5-302, if the offender was not the [ natural ]parent of the child victim;

(xxxvii) human smuggling under Section 76-5-308.3, if the offender was not the [natural[ natural ]parent of the child victim;

(b)(b)(i) (i) has been convicted of a criminal offense, or an attempt, solicitation, or conspiracy to commit a criminal offense in an external jurisdiction that is substantially equivalent to the offense listed in Subsection (1)(a);

and (ii)(ii)(A) (A) is a Utah resident;

-(c)(i)(A) 19 - SB0257 compared with SB0257S04 (c) (i) (A) is required to register on a registry in an external jurisdiction for individuals who have committed an offense listed in Subsection (1)(a) or a substantially equivalent offense;

or (C) would be required to register on a registry in an external jurisdiction for individuals who have committed an offense listed in Subsection (1)(a), or a substantially- equivalent18 offense,- ifEnrolled residingCopy inS.B. the external jurisdiction of the conviction regardless of the date of the conviction or a previous registration requirement;

257 substantially equivalent offense, if residing in the external jurisdiction of the conviction regardless of the date of the conviction or a previous registration requirement;

(d)(d)(i)(A) (i) (A) is a nonresident regularly employed or working in this state;

and (ii)(ii)(A) (A) is convicted of an offense listed in Subsection (1)(a) or a substantially equivalent offense in an external jurisdiction;

or (f)(f)(i) (i) is adjudicated under Section 80-6-701 for one or more offenses listed in Subsection (1)(a);

- 20 - SB0257 compared with SB0257S04 (B) the juvenile court extended the juvenile court's jurisdiction over the individual under Section 80-6-605 and the individual remains in the division's custody until 30 days before the individual's 25th birthday;

(i) has committed, attempted, solicited, or conspired to commit an offense described in Subsection (1)(1)(a)(i) (a)(i) through (ii);

(i) has committed, attempted, solicited, or conspired to commit an offense described in- Subsections19 (1)- (a)(iii)S.B. through (xxxii);

257 Enrolled Copy in Subsections (1)(a)(iii) through (xxxii);

(i) has committed, attempted, solicited, or conspired to commit an offense described in Subsections (1)(1)(a)(xxxiii) (a)(xxxiii) through (xli);

-53-29-203 21. - SB0257 compared with SB0257S04 53-29-203.

(iv) kidnapping under Subsection 76-5-301(2)(c) or (d), if the offender was not the [natural[ natural ]parent of the child victim;

(v) human trafficking for labor under Section 76-5-308, if the offender was not the [natural[ ]parent- of20 the- childEnrolled victim;Copy S.B.

(vi)257 humannatural smuggling under Section 76-5-308.3, if the offender was not the [natural ]parent of the child victim;

(vi) human smuggling under Section 76-5-308.3, if the offender was not the [natural ] parent of the child victim;

- 22 - SB0257 compared with SB0257S04 (xx) four to seven convictions of sexual battery under Section 76-5-418;

(A) aggravated kidnapping under Section 76-5-302, if the offender was not the [natural[ ]parent- of21 the- childS.B. victim;

257 Enrolled Copy natural ]parent of the child victim;

- 23 - SB0257 compared with SB0257S04 (i) a conviction for an offense described in Subsection (1)(a), if the offender has, at the time of conviction for the offense:

(A) child kidnapping under Section 76-5-301.1, if the offender was not the [natural[ natural ]parent of the child victim;

(iii)- aggravated22 kidnapping- underEnrolled SectionCopy 76-5-302,S.B. if the offender was not the [natural ]parent of the child victim;

257 (iii) aggravated kidnapping under Section 76-5-302, if the offender was not the [ natural ]parent of the child victim;

- 24 - SB0257 compared with SB0257S04 (xiii) aggravated exploitation of prostitution under Section 76-5d-208, on or after May 10, 2011;

(3)(3)(a) (a) If the sentencing court at any time after an offender is convicted of an offense requiring lifetime registration described in Subsection (1)(b), and after considering the factors described in Subsection (3)(b), determines that the offender was under 21 years old at the time the offense was committed and the offense did not involve force or coercion, the requirement that the offender register for the offender's lifetime does not apply and the offender shall register for 10 years after the day on which the offender's sentence for the offense has been terminated.

(i)- the23 age- ofS.B. the victim;

257 Enrolled Copy (i) the age of the victim;

and - 25 - SB0257 compared with SB0257S04 (c) is convicted of a registrable offense.

53-29-205.53-29-205 .

(b) the offender successfully completed all treatment ordered by the court or the Board of- Pardons24 and- ParoleEnrolled relatingCopy toS.B. the offense;

257 of Pardons and Parole relating to the offense;

- 26 - SB0257 compared with SB0257S04 (c) child torture under Section 76-5-109.4;

(o)- sexual25 exploitation- ofS.B. a vulnerable adult under Section 76-5b-202;

257 Enrolled Copy (o) sexual exploitation of a vulnerable adult under Section 76-5b-202;

- 27 - SB0257 compared with SB0257S04 (y) attempting, soliciting, or conspiring to commit:

(v) aggravated kidnapping under Section 76-5-302, except if the offender is a [natural ]parent] parent of the victim;

(i) the sentencing court determines that the offender was under 21 years old at the time- the26 offense- wasEnrolled committed;Copy S.B.

257 time the offense was committed;

- 28 - SB0257 compared with SB0257S04 Section 10.

53-29-307.53-29-307 .

(a)(a)(i) (i) the sex offender, [prior to] before accompanying the child:

and (B)- requests27 that- theS.B. child's parent or legal guardian provide written authorization for the sex offender to accompany the child, including the specific dates and locations;

257 Enrolled Copy (B) requests that the child's parent or legal guardian provide written authorization for the sex offender to accompany the child, including the specific dates and locations;

(3)(3)(a) - 29 - SB0257 compared with SB0257S04 (a) A sex offender convicted of a violation of Subsection (2) is subject to registration in accordance with this chapter, for an additional five years [subsequent to] after the required registration described in Section 53-29-203.

53-29-405.53-29-405 .

(2)- The28 offenses- describedEnrolled inCopy SubsectionS.B. (1)(a) are:

257 (2) The offenses described in Subsection (1)(a) are:

- 30 - SB0257 compared with SB0257S04 (4) An individual who is currently on the registry may submit a request to the department to be removed from the registry if the individual believes that the individual qualifies for removal under Subsection (1).

(7)(7)(a) (a) If the department determines that the individual does not qualify for removal from the registry, the department shall provide an explanation in writing for the department's determination.

(9)(9)(a) (a) The department shall provide a response to a request for removal within 30 days after the day on which the department receives the request.

(b)- If29 the- responseS.B. under Subsection (9)(a) cannot be provided within 30 days after the day on which the department receives the request, the department shall notify the individual that the response may be delayed up to 30 additional days.

257 Enrolled Copy (b) If the response under Subsection (9)(a) cannot be provided within 30 days after the day on which the department receives the request, the department shall notify the individual that the response may be delayed up to 30 additional days.

53-30-101.53-30-101 .

(2) "Application for certification" means an application described in Subsection [53-29-201(1)][ 53-29-201(1)] 53-30-201(1).

- 31 - SB0257 compared with SB0257S04 (3) "Certifying officer" means the commissioner or an individual the commissioner designates to certify an application for certification.

or (ii) an individual affiliated with the individual who made the credible threat described in Subsection (8)(8)(a)(i) (a)(i) or caused the physical harm described in Subsection (8)(a)(ii).

(10) "Protection certificate" means a written determination described in Subsection [53-29-201(4)][ 53-30-201(4).- 30 - Enrolled Copy S.B.

(11)257 (a)53-29-201(4)] "Security53-30-201(4). improvement" means an improvement that:

(11)(a) "Security improvement" means an improvement that:

and - 32 - SB0257 compared with SB0257S04 (iii) does not interfere with another property owner's property right.

53E-1-102.53E-1-102 .

[(8)] (9) "Local school board" means a board elected under Title 20A, Chapter 14, Part 2, Election- of31 Members- ofS.B. Local Boards of Education.

257 Enrolled Copy Election of Members of Local Boards of Education.

- 33 - SB0257 compared with SB0257S04 (12) "Parent" means:

53E-3-907.53E-3-907 .

(3)- A32 transitioning- militaryEnrolled child,Copy placedS.B. in the care of a [non-custodial] noncustodial parent or other person standing in loco parentis who lives in a jurisdiction other than that of the custodial parent, may continue to attend the school in which the student was enrolled while residing with the custodial parent.

-257 34(3) -A SB0257transitioning comparedmilitary withchild, SB0257S04placed (4)in Statethe andcare localof educationa agencies[non-custodial] shallnoncustodial facilitateparent theor opportunityother forperson transitioningstanding militaryin children'sloco inclusionparentis who lives in extracurriculara activities,jurisdiction regardlessother than that of applicationthe deadlines,custodial parent, may continue to attend the extentschool theyin arewhich otherwisethe qualified.student was enrolled while residing with the custodial parent.

(4) State and local education agencies shall facilitate the opportunity for transitioning military children's inclusion in extracurricular activities, regardless of application deadlines, to the extent they are otherwise qualified.

53E-3-1204.53E-3-1204 .

(2) An LEA may not charge local tuition to a transferring student placed in the care of a [non-[ custodial]non-custodial] noncustodial parent or other individual standing in loco parentis who lives in a jurisdiction other than that of the custodial parent.

53H-11-202.53H-11-202 .

(g)- "National33 Guard"- meansS.B. the same as that term is defined in Section 39A-1-102.

-257 35Enrolled -Copy SB0257(g) compared"National withGuard" SB0257S04means (h)the "Parent"same means[as athat student'sterm biologicalis or adoptive parent] , with respect to a student, an individual who has a parent-child relationship, as defined in Section 81-5-102,39A-1-102. with the student.

(h) "Parent" means[ a student's biological or adoptive parent] , with respect to a student, an individual who has a parent-child relationship, as defined in Section 81-5-102, with the student.

(3)(3)(a) (a) Institutions may grant resident student status to any student who has come to Utah and established residency for the purpose of attending an institution of higher education, and who, prior to registration as a resident student:

- 36 - SB0257 compared with SB0257S04 (5) If an institution does not have a minimum credit-hour requirement, that institution shall honor the decision of another institution within the state system of higher education to grant- a34 student- residentEnrolled studentCopy status,S.B. unless:

257 grant a student resident student status, unless:

- 37 - SB0257 compared with SB0257S04 (i) domiciled in Utah, recognizing the individual may not be physically present in the state due to an assignment;

(B)- a35 statement- fromS.B. the foreign service member's current commander, or equivalent, stating that the foreign service member is assigned in Utah;

257 Enrolled Copy (B) a statement from the foreign service member's current commander, or equivalent, stating that the foreign service member is assigned in Utah;

101 et seq;

- 38 - SB0257 compared with SB0257S04 (i) the DOD civilian's current United States Department of Defense identification card;

and (ii)(ii)(A) (A) a statement from the DOD civilian's current commander, or equivalent, stating that the DOD civilian is assigned in Utah;

or (B) evidence that the DOD civilian is domiciled in Utah, as described in Subsection- (9)(a);36 - Enrolled Copy S.B.

257 Subsection (9)(a);

and (ii)(ii)(A) (A) a statement from the DOD civilian's current commander, or equivalent, stating that the DOD civilian is assigned in Utah;

(9)(9)(a) (a) The evidence described in Subsection (8)(j)(ii)(B) or (8)(k)(ii)(B) includes:

- 39 - SB0257 compared with SB0257S04 (a) is admitted as a full-time, part-time, or summer school student in a program of study leading to a degree or certificate;

(12) A person is entitled to resident student status and may immediately apply for resident student- status37 if- theS.B. person:

257 Enrolled Copy student status if the person:

(14)(14)(a) (a) A person who has established domicile in Utah for full-time permanent employment may rebut the presumption of a nonresident classification by providing substantial evidence that the reason for the individual's move to Utah was, in good faith, based on an employer requested transfer to Utah, recruitment by a Utah employer, or a comparable work-related move for full-time permanent employment in Utah.

(15)(15)(a) - 40 - SB0257 compared with SB0257S04 (a) A person who is in residence in Utah to participate in a United States Olympic athlete training program, at a facility in Utah, approved by the governing body for the athlete's Olympic sport, shall be entitled to resident status for tuition purposes.

(c)- Time38 spent- domiciledEnrolled inCopy UtahS.B. during the Olympic athlete training program in Utah counts for Utah residency for tuition purposes upon termination of the athlete's participation in a Utah Olympic athlete training program.

(16)257 (a)(c) ATime personspent whodomiciled has established domicile in Utah forduring reasons related to divorce, the deathOlympic ofathlete atraining spouse,program orin long-termUtah healthcounts care responsibilities for anUtah immediateresidency familyfor member,tuition includingpurposes theupon person'stermination spouse, parent, sibling, or child, may rebut the presumption of a nonresident classification by providing substantial evidence that the reasonathlete's forparticipation thein individual'sa move to Utah was,Olympic inathlete goodtraining faith,program. based on the long-term health care responsibilities.

(16)(a) A person who has established domicile in Utah for reasons related to divorce, the death of a spouse, or long-term health care responsibilities for an immediate family member, including the person's spouse, parent, sibling, or child, may rebut the presumption of a nonresident classification by providing substantial evidence that the reason for the individual's move to Utah was, in good faith, based on the long-term health care responsibilities.

(17) A foreign service member or the foreign service member's immediate family member deemed eligible for resident student status under Subsection (8)(e) or (f) shall retain the eligibility for - 41 - SB0257 compared with SB0257S04 resident student status if the foreign service member or immediate family member maintains continuous enrollment even in the case of a change in domicile or duty station.

(18) A DOD civilian or the DOD civilian's immediate family member deemed eligible for resident student status under Subsection (8)(j) or (k) shall retain the eligibility for resident student status if the DOD civilian or the DOD civilian's immediate family member maintains continuous enrollment even in the case of a change in domicile or duty- station.39 - S.B.

257 Enrolled Copy duty station.

59-10-1005.59-10-1005 .

- 42 - SB0257 compared with SB0257S04 (b) "Parent" means an individual who:

(iii)(iii)[(A) [(A) legally adopts a qualifying child;

or] [(B)]- has40 a- qualifyingEnrolled childCopy placedS.B. in the individual's home:

257 [(B)] has a qualifying child placed in the individual's home:

(a) the claimant or another claimant filing a joint individual income tax return with the claimant is an at-at-home home parent;

(4)(4)(a) (a) In accordance with any rules prescribed by the commission under Subsection (4)(b), the Division of Finance shall transfer at least annually from the General Fund into the Income Tax Fund the aggregate amount of all tax credits claimed under this section.

63A-17-806.63A-17-806 .

- 43 - SB0257 compared with SB0257S04 (a) "Eligible employee" means an employee who has been employed by the Department of Health and Human Services for a minimum of:

or] (i)- an41 individual- whoS.B. has a parent-child relationship, as defined in Section 81-5-102, with an infant;

257 Enrolled Copy (i) an individual who has a parent-child relationship, as defined in Section 81-5-102, with an infant;

- 44 - SB0257 compared with SB0257S04 Section 19.

75-2-114.75-2-114 .

[(1)] (2)(2)(a) (a) Except as provided in Subsections [(2) and (3)] (3) and (4), for purposes of intestate succession by, through, or from a person, an individual is the child of the individual's [natural ]parents, regardless of [their] the individual's parent's marital status.- 42 - Enrolled Copy S.B.

257 status.

[(2)] (3) An adopted individual is the child of the adopting parent or parents and not of the [natural[ natural parents, but] adopted individual's pre-existing parent, except that the adoption of a child by the spouse of [either natural parent] a child's pre-existing parent has no effect on the relationship between the child and that [natural] pre-existing parent.

75-2-705.75-2-705 .

(1)(1)(a) (a) Adopted individuals and individuals born out of wedlock, and their respective descendants if appropriate to the class, are included in class gifts and other terms of relationship in accordance with the rules for intestate succession.

(2) In addition to the requirements of Subsection (1), in construing a dispositive provision of a transferor who is not the [natural ]parent, an individual born to the [natural ]parent is not considered the child of that parent unless the individual lived while a minor as a regular member of the - 45 - SB0257 compared with SB0257S04 household of that [natural ]parent or of that parent's parent, brother, sister, spouse, or surviving spouse.

76-2-409.76-2-409 .

(b)- "Cohabitant"43 means:- S.B.

257 Enrolled Copy (b) "Cohabitant" means:

(2)(2)(a) (a) An individual is entitled to battered person mitigation if:

(5)(5)(a) (a) If the trier of fact is a jury, an individual is not entitled to mitigation under Subsection (2)(a) unless the jury:

- 46 - SB0257 compared with SB0257S04 (i) finds the individual proved, in accordance with Subsection (3), that the individual is entitled to mitigation by unanimous vote;

76-5-301.2.76-5-301.2 .

(1)(1)(a) (a) As used in this section:

(i)- "Child"44 means- anEnrolled individualCopy underS.B. 18 years old.

257 (i) "Child" means an individual under 18 years old.

and (c)(c)(i) (i) has never had a right to physical custody of the child;

or - 47 - SB0257 compared with SB0257S04 (iv) at the time of the parent's action under Subsection (2)(a), had parent-time with the child terminated or suspended by a court.

(3)(3)(a) (a) A violation of Subsection (2) is a third degree felony.

or (b)(b)(i) (i) the parent acted under a reasonable belief that the action described in Subsection (2)(a) was necessary to protect the child from abuse, including sexual abuse;- 45 - S.B.

257 Enrolled Copy abuse;

76-5-404.1.76-5-404.1 .

(1)(1)(a) (a) As used in this section:

- 48 - SB0257 compared with SB0257S04 (A) an adoptive parent;

(T) an instructor, professor, or teaching assistant at a public or private institution of- higher46 education;- Enrolled Copy S.B.

257 of higher education;

or (W) any individual in a position of authority, other than those individuals listed in Subsections (1)(a)(v)(1)(a)(v)(A) (A) through (V), which enables the individual to exercise undue influence over the child.

(2)(2)(a) (a) Under circumstances not amounting to an offense listed in Subsection (4), an actor commits sexual abuse of a child if the actor:

(i)(i)(A) (A) touches, whether over or under the clothing, the buttocks or pubic area of a child;

- 49 - SB0257 compared with SB0257S04 (B) touches, whether over or under the clothing, the female breast of a child;

78A-5-103.78A-5-103 .

(3)(3)(a) (a) A district court may establish divisions within the court for the efficient management- of47 different- typesS.B. of cases.

257 Enrolled Copy management of different types of cases.

78A-6-104.78A-6-104 .

-(1)(a) 50 - SB0257 compared with SB0257S04 (1) (a) The juvenile court has jurisdiction, concurrent with the district court:

(2)(2)(a) (a) The juvenile court has jurisdiction, concurrent with the district court or the justice court otherwise having jurisdiction, over a criminal information filed under Part 4a, Adult Criminal Proceedings, for an adult alleged to have committed:

or (vi)- an48 offense- underEnrolled SectionCopy 80-5-601,S.B. harboring a runaway.

257 (vi) an offense under Section 80-5-601, harboring a runaway.

(3)(3)(a) (a) When a support, custody, or parent-time award has been made by a district court in a divorce action or other proceeding, and the jurisdiction of the district court in the case is continuing, the juvenile - 51 - SB0257 compared with SB0257S04 court may acquire jurisdiction in a case involving the same child if the child comes within the jurisdiction of the juvenile court under Section 78A-6-103.

(b)(b)(i) (i) The juvenile court may, by order, change the custody subject to Subsection 81-9-204(4), support, parent-time, and visitation rights previously ordered in the district court as necessary to implement the order of the juvenile court for the safety and welfare of the child.

78B-7-102.- 49 - S.B.

257 Enrolled Copy 78B-7-102 .

- 52 - SB0257 compared with SB0257S04 (2) "Affinity" means the same as that term is defined in Section 76-1-101.5.

(7)(7)(a) (a) "Cohabitant" means an emancipated individual under Section 15-2-1 or an individual who is 16 years old or older who:

(8)- "Consanguinity"50 means- theEnrolled sameCopy asS.B. that term is defined in Section 76-1-101.5.

257 (8) "Consanguinity" means the same as that term is defined in Section 76-1-101.5.

- 53 - SB0257 compared with SB0257S04 (10) "Criminal stalking injunction" means a stalking injunction issued under Part 9, Criminal Stalking Injunctions.

(12)(12)(a) (a) "Dating partner" means an individual who:

(i)(i)(A) (A) is an emancipated individual under Section 15-2-1 or Title 80, Chapter 7, Emancipation;

(13)(13)(a) (a) "Dating relationship" means a social relationship of a romantic or intimate nature, or a relationship which has romance or intimacy as a goal by one or both parties, regardless of whether the relationship involves sexual intimacy.

(14)- "Dating51 violence"- means:S.B.

-257 54Enrolled -Copy SB0257(14) compared"Dating withviolence" SB0257S04means: (a) a criminal offense involving violence or physical harm, or threat of violence or physical harm, when committed by an individual against a dating partner;

(a) a criminal offense involving violence or physical harm, or threat of violence or physical harm, when committed by an individual against a dating partner;

80-1-102.80-1-102 .

- 5552 - SB0257Enrolled comparedCopy withS.B. SB0257S04 (1) (a) "Abuse" means:

(i)257 (A)(1)(a) nonaccidental"Abuse" harmmeans: of a child;

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

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

(3)(3)(a) (a) "Adjudication" means, except as provided in Subsection (3)(b):

or - 56 - SB0257 compared with SB0257S04 (ii) for all other proceedings under this title, a finding by the juvenile court that the facts- alleged53 in- theS.B. petition have been proved.

257 Enrolled Copy facts alleged in the petition have been proved.

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

(12)(12)(a) - 57 - SB0257 compared with SB0257S04 (a) "Chronic abuse" means repeated or patterned abuse.

(13)- (a)54 "Chronic- neglect"Enrolled meansCopy repeatedS.B. or patterned neglect.

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

and - 58 - SB0257 compared with SB0257S04 (b) is designed to assist in making a determination of whether a minor shall be held in detention.

(26) "Developmental immaturity" means incomplete development in one or more domains that- manifests55 as- aS.B. functional limitation in the minor's present ability to:

257 Enrolled Copy that manifests as a functional limitation in the minor's present ability to:

or - 59 - SB0257 compared with SB0257S04 (d) legal custody, if legal custody is not vested in another individual, agency, or institution.

(a)- physical56 or- developmentalEnrolled injuryCopy orS.B. damage;

257 (a) physical or developmental injury or damage;

(40)(40)(a) (a) "Incest" means engaging in sexual intercourse with an individual whom the perpetrator knows to be the perpetrator's ancestor, descendant, brother, sister, uncle, aunt, nephew, niece, or first cousin.

(46)(46)(a) - 60 - SB0257 compared with SB0257S04 (a) "Intake probation" means a minor is:

(47) "Intellectual disability" means a significant subaverage general intellectual functioning existing- concurrently57 with- deficitsS.B. in adaptive behavior that constitutes a substantial limitation to the individual's ability to function in society.

257 Enrolled Copy existing concurrently with deficits in adaptive behavior that constitutes a substantial limitation to the individual's ability to function in society.

or - 61 - SB0257 compared with SB0257S04 (ii) the current edition of the International Statistical Classification of Diseases and Related Health Problems.

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

and (B)- for58 whom- theEnrolled DivisionCopy ofS.B. 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)257 (A)(B) whofor iswhom atthe leastDivision 18of yearsChild old and youngerFamily thanServices 25has yearsbeen old;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;

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

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

- 62 - SB0257 compared with SB0257S04 (iv) a child to be at risk of being neglected or abused because another child in the same home is neglected or abused;

(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- the59 health- careS.B. decision is not reasonable and informed;

257 Enrolled Copy that the health care decision is not reasonable and informed;

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

- 63 - SB0257 compared with SB0257S04 (a) understand the nature of the proceedings against the minor or of the potential disposition for the offense charged;

(62)(62)(a) (a) "Parent" means, except as provided in Section 80-3-302, an individual with a parent-child relationship, as defined in Section 81-5-102, to a minor[ under Section 81-5-201].

(65)- (a)60 "Probation"- meansEnrolled aCopy legalS.B. 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.

257 (65)(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.

and - 64 - SB0257 compared with SB0257S04 (ii) strengthen the cohabitant's ability to provide safe and acceptable care;

(70)- (a)61 "Related- condition"S.B. means a condition that:

257 Enrolled Copy (70)(a) "Related condition" means a condition that:

(71)(71)(a) (a) "Residual parental rights and duties" means the rights and duties remaining with a parent after legal custody or guardianship, or both, have been vested in another person or agency, including:

- 65 - SB0257 compared with SB0257S04 (b) If no guardian has been appointed, "residual parental rights and duties" includes the right to consent to:

or (b)- under62 Section- 80-6-704.Enrolled Copy S.B.

257 (b) under Section 80-6-704.

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

- 66 - SB0257 compared with SB0257S04 (B) severe abuse;

or (iii)- a63 health- careS.B. decision made for a child by a child's parent or guardian, unless, subject to Subsection (79)(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.

257 Enrolled Copy (iii) a health care decision made for a child by a child's parent or guardian, unless, subject to Subsection (79)(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.

(80)(80)(a) (a) "Sexual abuse" means:

or - 67 - SB0257 compared with SB0257S04 (C) the act or attempted act constitutes unlawful sexual activity as described in Section 76-5-401.3.

(a)- employing,64 using,- persuading,Enrolled inducing,Copy enticing,S.B. or coercing any child to:

257 (a) employing, using, persuading, inducing, enticing, or coercing any child to:

- 68 - SB0257 compared with SB0257S04 (82) "Shelter" means the temporary care of a child in a physically unrestricted facility pending a disposition or transfer to another jurisdiction.

(88) "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,- that65 abuse,- neglect,S.B. or dependency occurred.

257 Enrolled Copy case, that abuse, neglect, or dependency occurred.

(90) "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 - 69 - SB0257 compared with SB0257S04 or identified during the investigation, that there is a reasonable basis to conclude that abuse, neglect, or dependency occurred.

or (c)- results66 in- theEnrolled situationsCopy describedS.B. in Subsections (95)(a) and (b).

257 (c) results in the situations described in Subsections (95)(a) and (b).

- 70 - SB0257 compared with SB0257S04 (99) "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.

81-1-101.81-1-101 .

(4) "Minor child" means, except as provided in Section 81-6-101, a child who is younger than- 1867 years- oldS.B. and is not emancipated.

257 Enrolled Copy than 18 years old and is not emancipated.

(6) "Parent" means, except as provided in Section 81-13-211, an individual with an established parent-parent-child child relationship as [described in Section 81-5-201] defined in Section 81-5-102.

81-2-302.81-2-302 .

- 71 - SB0257 compared with SB0257S04 (1) A marriage may not be solemnized in this state without a license issued by the county clerk of any county of this state.

(2)(2)(a) (a) A license issued within this state by a county clerk may only be used within this state.

(b) A license is considered used within this state if the officiant {andis at least one of the parties to the marriage }is physically present in the state at the time of solemnization of the marriage.

(c) each party to the marriage has filed all required affidavits with the county clerk that issued the marriage license as required under Subsection [81-2-303(4)(a)] 81-2-303(5)(a);- 68 - Enrolled Copy S.B.

257 81-2-303(5)(a);

-81-2-303 72. - SB0257 compared with SB0257S04 81-2-303.

(1) A county clerk may issue a marriage license only after[:] [(a)] { {[(a)]} an application is filed with the county clerk's office, requiring the following information:

(3)(3)(a) (a) If one or both of the applicants is a minor, the county clerk shall provide each minor with a standard petition on a form provided by the Judicial Council to be presented to the juvenile court to obtain the authorization required by Section 81-2-304.

(iii) an affidavit for the parent or legal guardian to acknowledge the penalty described in- Section69 81-2-304- signedS.B. under penalty of perjury;

257 Enrolled Copy in Section 81-2-304 signed under penalty of perjury;

(4)(4)(a) - 73 - SB0257 compared with SB0257S04 (a) The social security numbers obtained under the authority of this section may not be recorded on the marriage license and are not open to inspection as a part of the vital statistics files.

(b) The [Department of Health and Human Services, ]Office of Vital [Record] Records and Statistics shall, upon request, supply the social security numbers to the [Department[ Department of Health and Human Services, ]Office of Recovery Services.

(5)(5)(a) (a) A county clerk may not issue a marriage license until the county clerk receives:

81-2-403.81-2-403 .

(1) [The following marriages are prohibited and declared void:] A marriage is prohibited and- void70 if:- Enrolled Copy S.B.

257 and void if:

(b) except as provided in Subsection (2), the individual marrying is under 18 years old;{[old; or]} {[(c) between a divorced individual and any individual other than the one from whom the divorce was secured until:]} {[(i) the divorce decree becomes absolute;

and]}or {[(ii)(c) if an appeal is taken, until after the affirmance of the divorce decree.]} {(c)} - 74 - SB0257 compared with SB0257S04 {(i) the marriage is between a divorced individual and anany individual other than the divorcedone individual'sfrom spousewhom in the divorce action;was secured until:

and}(i) {(ii)} {(A) the divorce decree isbecomes notabsolute; final;

or}and {(B)(ii) if an appeal is taken, theuntil divorceafter decreethe hasaffirmance notof beenthe affirmed;divorce decree.

or}(2) {(d)A exceptmarriage asof providedan inindividual Subsectionunder (3):}18 {(i)years theold marriage is solemnized remotely through electronic means;} {(ii) both of the individuals marrying are not residentsvoid ofif the state;individual:

and} {(iii) the two individuals marrying are not in the same physical location within the state when the marriage is solemnized.} (2) A marriage of an individual under 18 years old is not void if the individual:

{(3)Section A32. marriage described in Subsection (1)(d) is not void if the marriage:} {(a) was solemnized before May 6, 2026;

and} {(b) is otherwise lawful.} Section 32.

81-4-104.81-4-104 .

and (b)(b)(i) (i) both parties are residents of the state for at least 90 days before the day on which the action is filed;

- 75 - SB0257 compared with SB0257S04 (3) If a petition for divorce is filed and consolidated with the petition for temporary separation, orders entered in the temporary separation shall continue in the consolidated case.

(4)(4)(a) (a) If the parties to the temporary separation action have a minor child, the parties shall attend the divorce orientation course described in Section 81-4-105:

(i)- for71 the- petitioner,S.B. within 60 days after the day on which the petition is filed;

257 Enrolled Copy (i) for the petitioner, within 60 days after the day on which the petition is filed;

(6)(6)(a) (a) Except for a temporary restraining order under [Rule 65A of the ]Utah Rules of Civil Procedure, Rule 65A, a party may file, but the court may not hear, a motion for an order related to the temporary separation petition until the moving party completes the divorce orientation course.

(7)(7)(a) (a) Notwithstanding Subsections (4) and (6)(b), the court may waive the requirement that the parties attend the divorce orientation course, on the court's own motion or on the motion of one of the parties, if the court determines course attendance and completion are not necessary, appropriate, feasible, or in the best interest of the parties.

- 76 - SB0257 compared with SB0257S04 (8) The petitioner shall serve the petition for a temporary separation order in accordance with the Utah Rules of Civil Procedure.

81-5-102.81-5-102 .

As- used72 in- thisEnrolled chapter:Copy S.B.

257 As used in this chapter:

(3)(3)(a) (a) "Assisted reproduction" means a method of causing pregnancy other than sexual intercourse.

(4)(4)(a) (a) "Birth mother" means the woman [that] who gives birth to the child.

- 77 - SB0257 compared with SB0257S04 (8) "Commence" means to file the initial pleading seeking an adjudication of parentage in the appropriate tribunal of this state.

or (b)- adjudication73 by- aS.B. tribunal.

(11)257 (a)Enrolled "Donor"Copy means(b) anadjudication individualby whoa producestribunal. eggs or sperm used for assisted reproduction, whether or not for consideration.

(11)(a) "Donor" means an individual who produces eggs or sperm used for assisted reproduction, whether or not for consideration.

(14)(14)(a) (a) "Genetic testing" means an analysis of genetic markers to exclude or identify a man as the father or a woman as the mother of a child.

or - 78 - SB0257 compared with SB0257S04 (ii) blood-group antigens, red-cell antigens, human-leukocyte antigens, serum enzymes, serum proteins, or red-cell enzymes.

(20)(20)(a) (a) "Parent-child relationship" means the legal relationship between a child and a parent of the child as described in Section 81-5-201.

or (ii)- the74 father-child- relationship.Enrolled Copy S.B.

257 (ii) the father-child relationship.

- 79 - SB0257 compared with SB0257S04 (26) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, any territory, Native American Tribe, or insular possession subject to the jurisdiction of the United States.

81-5-204.81-5-204 .

(b)- the75 man- andS.B. the birth mother of the child were married to each other and the child is born within 300 days after the marriage is terminated by death, annulment, declaration of invalidity, or divorce, or after a decree of separation;

257 Enrolled Copy (b) the man and the birth mother of the child were married to each other and the child is born within 300 days after the marriage is terminated by death, annulment, declaration of invalidity, or divorce, or after a decree of separation;

- 80 - SB0257 compared with SB0257S04 [(2)] (3) A presumption of parentage established under this section may only be rebutted in accordance with Section 81-5-607.

81-5-608.81-5-608 .

[(1) In a proceeding to adjudicate the parentage of a child having a presumed father or to challenge the parentage of a child having a declarant father, the tribunal may deny a motion seeking an order for genetic testing of the birth mother, the child, and the presumed or declarant father, or if testing has been completed, the tribunal may disregard genetic test results that exclude the presumed or declarant father if the tribunal determines that:] (1) As used in this section, "possible father" means a man who had a sexual relationship with the birth mother of a child that gave rise to a reasonable belief that the man was the genetic- father76 of- theEnrolled child.Copy S.B.

257 genetic father of the child.

(a) the length of time between the proceeding to adjudicate parentage and the time that [the[ the presumed or declarant father] the presumed father, declarant father, or possible father was placed on notice that [the presumed or declarant father] the presumed father, declarant father, or possible father might not be the genetic father of the child;

- 81 - SB0257 compared with SB0257S04 (c) the facts surrounding [the presumed or declarant father's] the presumed father's, declarant father's, or possible father's discovery of the [father's] their possible nonparentage;

and (i) other factors that may affect the equities arising from the disruption of the parent-child relationship between the child and [the presumed or declarant father] the presumed- father,77 declarant- father,S.B. or possible father or the chance of other harm to the child.

257 Enrolled Copy presumed father, declarant father, or possible father or the chance of other harm to the child.

81-5-609.81-5-609 .

(1) If a child has a declarant father, a signatory to the declaration of paternity or denial of [parentage][ parentage] paternity or a child support services agency may commence a proceeding seeking to rescind the declaration or denial or challenge the parentage of the child only within the time allowed under Section 81-5-306 or 81-5-307.

81-5-705.81-5-705 .

and - 82 - SB0257 compared with SB0257S04 (b) the tribunal finds that the [spouse] husband did not consent to the assisted reproduction, before or after the birth of the child.

81-6-101.- 78 - Enrolled Copy S.B.

257 81-6-101 .

(8)(8)(a) - 83 - SB0257 compared with SB0257S04 (a) "Child support" means a base child support award, or a monthly financial award for uninsured medical expenses, ordered by a tribunal for the support of a child.

or (c) establishes child support or registers a child support order under Chapter 8, Uniform Interstate- Family79 Support- Act.S.B.

257 Enrolled Copy Interstate Family Support Act.

(15)(15)(a) (a) "Incarceration" means the placement of an obligor who has been ordered to pay child support into a carceral setting in which the obligor is not permitted to earn wages from employment outside of the carceral setting.

(16)(16)(a) - 84 - SB0257 compared with SB0257S04 (a) "Income" means earnings, compensation, or other payment due to an individual, regardless of source, whether denominated as wages, salary, commission, bonus, pay, allowances, contract payment, or otherwise, including severance pay, sick pay, and incentive pay.

(20) "Minimal child care award" means a minimum amount that an obligor has to pay each month- for80 the- monthlyEnrolled expenseCopy ofS.B. child care.

257 month for the monthly expense of child care.

and - 85 - SB0257 compared with SB0257S04 (ii) medical costs related to the pregnancy, incurred after the date of conception and before the pregnancy ends;

[(31)] (32) "Temporary" means a period of time that is projected to be less than 12 months in- duration.81 - S.B.

257 Enrolled Copy in duration.

81-6-202.81-6-202 .

(1)(1)(a) - 86 - SB0257 compared with SB0257S04 (a) If a prior child support order does not exist, a substantial change in circumstances has occurred, or a petition to modify a child support order as described in Section 81-6-212 is filed, the court determining the amount of prospective child support shall require each party to file a proposed award of child support using the child support guidelines before the court enters or modifies a child support order.

(2)(2)(a) (a) The court or administrative agency shall apply the child support guidelines as a rebuttable presumption in establishing or modifying the amount of temporary or permanent child support.

(3)(3)(a) (a) A written finding or specific finding on the record supporting the conclusion that complying with a provision of the child support guidelines or ordering an award amount resulting from use of the child support guidelines would be unjust, inappropriate,- or82 not- inEnrolled theCopy bestS.B. interest of a child in a particular case is sufficient to rebut the presumption in that case.

257 inappropriate, or not in the best interest of a child in a particular case is sufficient to rebut the presumption in that case.

- 87 - SB0257 compared with SB0257S04 (6) If the court finds sufficient evidence to rebut the guidelines as described in Subsection (3), the court shall establish child support after considering all relevant factors, including:

(7)(7)(a) (a) If there are children of either parent who live in the home of that parent and are not children in common to both parties, the court or administrative agency, at the option of either party, may take into account the children under the child support guidelines in setting a base child support award as described in Subsection (8).

(c) The court or administrative agency shall subtract the base child support award calculated- under83 Subsection- (7)(b)S.B. from the appropriate parent's income before determining the award in the case described in Subsection (7)(a).

257 Enrolled Copy calculated under Subsection (7)(b) from the appropriate parent's income before determining the award in the case described in Subsection (7)(a).

- 88 - SB0257 compared with SB0257S04 (9) A stipulated amount for child support or combined child support and alimony is adequate under the child support guidelines if the stipulated child support amount or combined amount equals or exceeds the base child support award required by the child support guidelines.

81-6-203.- 84 - Enrolled Copy S.B.

257 81-6-203 .

(1)(1)(a) (a) Each parent shall provide verification of current income to the court or administrative agency.

(2)(2)(a) (a) To calculate gross income of a parent, the court or administrative agency may include:

- 89 - SB0257 compared with SB0257S04 (i) prospective income of the parent, including income from earned and nonearned sources, such as salaries, wages, commissions, royalties, bonuses, rents, gifts from anyone, prizes, dividends, severance pay, pensions, interest, trust income, alimony from previous marriages, annuities, capital gains, Social Security benefits, worker compensation benefits, unemployment compensation, income replacement disability insurance benefits, Social Security Disability Insurance, and payments from nonmeans-tested government programs;

(3)(3)(a) (a) The court or administrative agency shall use historical and current earnings to determine whether an underemployment or overemployment situation exists.

(4)(4)(a) (a) To calculate income from self-employment or operation of a business, the court or administrative agency:

(i) shall calculate gross income from self-employment or operation of a business by subtracting necessary expenses required for self-employment or business operation- from85 gross- receipts;S.B.

257 Enrolled Copy operation from gross receipts;

and - 90 - SB0257 compared with SB0257S04 (b) dividing the annual gross income for each parent by 12.

(6)(6)(a) (a) The court or administrative agency may not impute income to a parent unless the parent stipulates to the amount imputed, the parent defaults, or, in contested cases, a hearing is held and the court or administrative agency enters findings of fact as to the evidentiary basis for the imputation.

(c) If a parent has no recent work history or a parent's occupation is unknown, the court or administrative agency may impute an income to that parent at the federal minimum wage for a 40-40-hour hour work week.

(d) To impute a greater or lesser income, the court or administrative agency shall enter specific- findings86 of- factEnrolled asCopy toS.B. the evidentiary basis for the imputation.

257 specific findings of fact as to the evidentiary basis for the imputation.

- 91 - SB0257 compared with SB0257S04 (a) cash assistance provided under Title 35A, Chapter 3, Part 3, Family Employment Program;

(8)(8)(a) (a) The court or administrative agency shall credit, as child support, the amount of social security benefits received by a child due to the earnings of the parent on whose earning record the social security benefits are based by crediting the amount against the potential obligation of that parent.

81-6-209.81-6-209 .

(1)(1)(a) (a) Except as otherwise provided in this section, the court or administrative agency shall require in a child support order that:

and (ii)- the87 obligor- payS.B. a minimal child care award to the obligee if the court or administrative agency is entering or modifying the child support order on or after January 1, 2027.

(b)257 TheEnrolled courtCopy or(ii) administrativethe agencyobligor maypay not order a minimal child care award underto Subsectionthe (1)obligee (a)(ii) if the obligor'scourt childor supportadministrative obligationagency is calculatedentering usingor modifying the lowchild incomesupport table.order on or after January 1, 2027.

(2)(b) (a) The court or administrative agency shallmay presumenot underorder Subsectiona (1)minimal that work-related child care expensesaward shouldunder beSubsection included(1)(a)(ii) inif athe obligor's child support orderobligation if a parent, during extended parent-time, is workingcalculated andusing actuallythe incurringlow expensesincome fortable. child care.

(2)(a) The court or administrative agency shall presume under Subsection (1) that work-related child care expenses should be included in a child support order if a parent, during extended parent-time, is working and actually incurring expenses for child care.

- 92 - SB0257 compared with SB0257S04 (i) the obligor's base child support award, in combination with the award of medical expenses, exceeds 50% of the obligor's adjusted gross income;

(3)(3)(a) (a) The court or administrative agency may award child care expenses on a case-by-case basis if the child care expenses are related to the employment and occupational training of the custodial parent or the child care expenses would be in the interest of justice.

(4)(4)(a) (a) The court or administrative agency may impute a monthly obligation for child care expenses when the court imputes income to a parent who is providing child care for the child so that the parties are not incurring child care expenses for the child.

(5)(5)(a) (a) The court shall require each party to file a proposed minimal child care award before the court makes a determination under Subsection (1)(a)(ii).

(b) To calculate a minimal child care award under SectionSubsection (1)(a)(ii), the court or administrative agency shall:

and (ii) locate the minimumminimal child care award for each child in the minimumminimal child care award- table88 in- SectionEnrolled 81-6-306Copy byS.B. finding:

257 award table in Section 81-6-306 by finding:

- 93 - SB0257 compared with SB0257S04 (c) The court or administrative agency shall presume that the amount calculated under Subsection (5)(b) for the minimal child care award is the amount that the obligor should pay under Subsection (1)(a)(1)(a)(ii). (ii).

(ii) the court or administrative agency determining that the evidence presented favors a different minimumminimal child care award;

or (iii) a showing, by a preponderance of the evidence, that a different minimumminimal child care award is in the best interest of the child.

(7)(7)(a) (7){(a)} In the absence of a court order to the contrary, the parent shall notify the other parent- of89 any- changeS.B. of a child care provider, any change in the monthly expense of child care, or the termination of child care within 30 calendar days after the day on which the change occurred.

257 Enrolled Copy parent of any change of a child care provider, any change in the monthly expense of child care, or the termination of child care within 30 calendar days after the day on which the change occurred.

- 94 - SB0257 compared with SB0257S04 (8) The court may deny a parent incurring work-related child care expenses the right to receive credit for the expenses or to recover the other parent's share of the expenses if the parent incurring the expenses fails to comply with this section.

81-6-213.81-6-213 .

[(3)] (4) The base child support award may not be reduced by a per child amount derived from- the90 base- childEnrolled supportCopy awardS.B. originally ordered.

257 from the base child support award originally ordered.

- 95 - SB0257 compared with SB0257S04 [(5)] (6) If the child support order is deviated and the parties subsequently obtain a court order that adjusts the amount of child support back to the date of the emancipation of the child, the office may not be required to repay any difference in the child support collected during the interim.

Section 4381-6-306 is enacted to read:

81-6-306.81-6-306 .

SectionCombined 44.Age of the Monthly Child Adjusted Gross Income 0 to 23 Months 2 to 3 Years Old 4 to 5 Years Old 6 to 12 Years Old Old From To $0- $4,752 $225 $263 $263 $204 $4,573- $6,911 $325 $313 $300 $300 $6,912- $10,140 $410 $338 $338 $305 $10,141- $14,999 $420 $345 $345 $325 $15,000- More than $450 $375 $375 $363 $15,000 - 91 - S.B.

257 Enrolled Copy Section 44.

81-9-202.81-9-202 .

(5)(5)(a) (a) The court shall determine the responsibility for the pick up, delivery, and return of the minor child when the parent-time order is entered.

and - 96 - SB0257 compared with SB0257S04 (ii) be present at the custodial home or make reasonable alternate arrangements to receive the minor child at the time the minor child is returned.

and (b)- increase92 the- parent-timeEnrolled allowedCopy toS.B. the noncustodial parent but may not diminish the standardized parent-time provided in Sections 81-9-302 and 81-9-304.

257 (b) increase the parent-time allowed to the noncustodial parent but may not diminish the standardized parent-time provided in Sections 81-9-302 and 81-9-304.

(10)(10)(a) (a) The custodial parent shall notify the noncustodial parent within 24 hours of receiving notice of all significant school, social, sports, and community functions in which the minor child is participating or being honored.

(12)(12)(a) - 97 - SB0257 compared with SB0257S04 (a) Each parent shall permit and encourage, during reasonable hours, reasonable and uncensored communications with the minor child, in the form of mail privileges and virtual parent-time if the equipment is reasonably available.

(13)(13)(a) (a) Parental care is presumed to be better care for the minor child than surrogate care.

(a) provide all surrogate care providers with the name, current address, and telephone number- of93 the- otherS.B. parent;

257 Enrolled Copy number of the other parent;

(15)(15)(a) (a) Each parent is entitled to an equal division of major religious holidays celebrated by the parents.

(17)(17)(a) (a) When one or both parents are servicemembers or contemplating joining a uniformed service, the parents should resolve issues of custodial responsibility in the event of deployment as soon as - 98 - SB0257 compared with SB0257S04 practicable through reaching a voluntary agreement pursuant to Section 81-10-201 or through court order obtained pursuant to this part.

(b) Service members shall ensure their family care plan reflects orders and agreements entered and filed pursuant to Chapter 10, Uniform Deployed Parents Custody, [Parent-time][ Parent-time] Parent-Time, and Visitation Act.

[(A) a child abuse offense under Section 76-5-109, 76-5-109.2, 76-5-109.3, 76-5-109.4, 76-5-114, or 76-5-208;] [(B) a sexual offense against a minor child under Title 76, Chapter 5, Part 4, Sexual Offenses, other than an offense under Section 76-5-417, 76-5-418, or 76-5-419;] [(C) an offense for kidnapping or human trafficking of a minor child under Title 76, Chapter 5, Part 3, Kidnapping, Trafficking, and Smuggling;] [(D)- a94 sexual- exploitationEnrolled offenseCopy againstS.B. a minor child under Title 76, Chapter 5b, Sexual Exploitation Act;

257 [(D) a sexual exploitation offense against a minor child under Title 76, Chapter 5b, Sexual Exploitation Act;

or - 99 - SB0257 compared with SB0257S04 [(E)] (iii) has been convicted of an offense that is substantially similar to an offense under [Subsections (18)(b)(ii)(A) through (D).] Subsection (18)(b)(ii).

(19)(19)(a) (a) For emergency purposes, whenever the minor child travels with a parent, the parent shall provide the following information to the other parent:

81-9-204.81-9-204 .

(2)- The95 court- shallS.B. determine whether an order for custody or parent-time is in the best interests of the minor child by a preponderance of the evidence.

257 Enrolled Copy (2) The court shall determine whether an order for custody or parent-time is in the best interests of the minor child by a preponderance of the evidence.

- 100 - SB0257 compared with SB0257S04 (4) In determining the form of custody and parent-time that is in the best interests of the minor child, the court may consider, among other factors the court finds relevant, the following for each parent:

(d)- the96 past- conductEnrolled andCopy demonstratedS.B. moral character of the parent as described in Subsection (9);

257 (d) the past conduct and demonstrated moral character of the parent as described in Subsection (9);

- 101 - SB0257 compared with SB0257S04 (m) previous parenting arrangements in which the minor child has been happy and well-adjusted in the home, school, and community;

(5)(5)(a) (a) A minor child may not be required by either party to testify unless the trier of fact determines that extenuating circumstances exist that would necessitate the testimony of the minor child be heard and there is no other reasonable method to present the minor child's testimony.

(b)(b)(i) (i) The court may inquire and take into consideration the minor child's desires regarding future custody or parent-time schedules, but the expressed desires are not controlling and the court may determine the minor child's custody or parent-time otherwise.

(c)(c)(i) (i) If an interview with a minor child is conducted by the court in accordance with Subsection (5)(b), the interview shall be conducted by the court in camera.

(ii) The prior consent of the parties may be obtained but is not necessary if the court finds that an interview with a minor child is the only method to ascertain the minor- child's97 desires- regardingS.B. custody.

(6)257 (a)Enrolled ExceptCopy asminor providedchild's indesires Subsectionregarding (6)(b), a court may not discriminate against a parent due to a disability, as defined in Section 57-21-2, in awarding custody or determining whether a substantial change has occurred for the purpose of modifying an award of custody.

(6)(a) Except as provided in Subsection (6)(b), a court may not discriminate against a parent due to a disability, as defined in Section 57-21-2, in awarding custody or determining whether a substantial change has occurred for the purpose of modifying an award of custody.

- 102 - SB0257 compared with SB0257S04 (i) the disability significantly or substantially inhibits the parent's ability to provide for the physical and emotional needs of the minor child at issue;

(a)(a)(i) (i) consider or treat a parent's lawful possession or use of cannabis in a medicinal dosage form, a cannabis product in a medicinal dosage form, or a medical cannabis device, in accordance with Title 4, Chapter 41a, Cannabis Production Establishments and Pharmacies, Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis, or Subsection 58-37-3.7(2) or (3) any differently than the court would consider or treat the lawful possession or use of any prescribed controlled substance;

(A)- cannabis98 production- establishmentEnrolled agent,Copy asS.B. that term is defined in Section 4-41a-102;

257 (A) cannabis production establishment agent, as that term is defined in Section 4-41a-102;

or - 103 - SB0257 compared with SB0257S04 (b) discriminate against a parent based upon the parent's agreement or disagreement with a minor child of the couple's:

(10)(10)(a) (a) The court shall consider evidence of domestic violence if evidence of domestic violence is presented.

and (c)- it99 is- inS.B. the best interest of the minor child to have both parents actively involved in parenting the minor child.

(12)257 NotwithstandingEnrolled anyCopy other(c) provisionit ofis thisin chapter, the courtbest mayinterest not grant custody or parent- time of athe minor child to ahave parentboth convictedparents ofactively ainvolved sexual offense, as defined in Sectionparenting 77-37-2, that resulted in the conception of the minor childchild. unless:

-(12) 104Notwithstanding -any SB0257other comparedprovision withof SB0257S04this (a)chapter, the nonconvictedcourt biologicalmay parent,not orgrant thecustody legalor guardianparent-time of thea minor child,child consents to custodya orparent parent-timeconvicted andof thea courtsexual determinesoffense, itas isdefined in theSection best77-37-2, interestthat ofresulted in the minorconception childof to award custody or parent-time to the convictedminor parent;child unless:

(a) the nonconvicted biological parent, or the legal guardian of the minor child, consents to custody or parent-time and the court determines it is in the best interest of the minor child to award custody or parent-time to the convicted parent;

81-9-206.81-9-206 .

(2) There is a presumption that the advisory guidelines described in Section 81-9-202 and the parent-parent-time time schedules described in Part 3, Parent-time Schedules, are the minimum parent-time to which the noncustodial parent and the minor child are entitled.

(e)- the100 preference- ofEnrolled theCopy minorS.B. child if the court determines the minor child is of sufficient maturity;

257 (e) the preference of the minor child if the court determines the minor child is of sufficient maturity;

- 105 - SB0257 compared with SB0257S04 (g) shared interests between the minor child and the noncustodial parent;

[(7) Once the parent-time schedule has been established, the parties may not alter the parent-time schedule except by mutual consent of the parties or a court order.] [(8)] (7)(7)(a) (a) If the court orders parent-time and a protective order or stalking injunction is still in place, the court shall consider whether to order the parents to conduct parent-time pick-up and transfer through a third party.

(c) If the court orders the parents to conduct parent-time through a third party, the parenting plan shall specify the time, day, place, manner, and the third party to be used- to101 implement- theS.B. exchange.

257 Enrolled Copy used to implement the exchange.

- 106 - SB0257 compared with SB0257S04 [(10)] (9) Upon a specific finding by the court of the need for peace officer enforcement, the court may include a provision in an order for parent-time that authorizes a peace officer to enforce the order for parent-time.

81-9-207.81-9-207 .

(a) "Abuse" means the same as that term is defined in Section 81-1-102.80-1-102.

(iii)- Section102 76-5-109.3,- childEnrolled abandonment;Copy S.B.

257 (iii) Section 76-5-109.3, child abandonment;

or - 107 - SB0257 compared with SB0257S04 (vi) Section 76-5-208, child abuse homicide.

(a) evidence that the minor child {would } is likely to be subject to physical harm, emotional harm, or abuse from the noncustodial parent if left unsupervised with the noncustodial parent;

and (b)- whether103 the- requirementS.B. for supervised parent-time should expire after a set period of time.

[(6)]257 (7)Enrolled (a)Copy Except(b) whenwhether the courtrequirement makesfor a finding that, due to abuse by or the incapacity of the noncustodial parent, supervised parent-time willshould beexpire necessaryafter indefinitelya toset ensureperiod the physical or psychological - 108 - SB0257 compared with SB0257S04 safety and protection of thetime. minor child, the court shall, in [its] the court's order for supervised parent-time, provide specific goals and expectations for the noncustodial parent to accomplish before unsupervised parent-time may be granted.