HB 372

     Enrolled Copy  H.B. 372
1Child Welfare Changes
                                     2026 GENERAL SESSION
                                           STATE OF UTAH
                                Chief Sponsor: Karianne Lisonbee
                                 Senate Sponsor: Wayne A. Harper
2
3  LONG TITLE
4  General Description:
5      This bill addresses guardians ad litem and consideration of a minor's best interest.
6  Highlighted Provisions:
7      This bill:
8      ▸ makes modifications to the Guardian ad Litem Oversight Committee;
9      ▸ modifies the responsibilities of the director of the Office of Guardian ad Litem;
10      ▸ requires an attorney guardian ad litem to inform the court at each hearing:
11●   whether the minor expressed a desire to attend the hearing; and
12●   of the date of the attorney guardian ad litem's last interaction with the minor;
13      ▸ addresses when a guardian ad litem is appointed;
14      ▸ adjusts the responsibilities and obligations of an attorney guardian ad litem;
15      ▸ directs a court to consider the best interest of a minor within the context of the principles
16  and provisions in Sections 80-2a-201 and 80-4-104;
17      ▸ clarifies that the report provided to the Child Welfare Legislative Oversight Panel and the
18  chairs of the Health and Human Services Interim Committee by the fatality review
19  committee within the Division of Continuous Quality and Improvement should not be
20  fully redacted; and
21      ▸ makes technical and conforming changes.
22  Money Appropriated in this Bill:
23      None
24  Other Special Clauses:
25      None
26  Utah Code Sections Affected:
27  AMENDS:
     H.B. 372  Enrolled Copy
2826B-1-506, as last amended by Laws of Utah 2024, Chapter 288
2926B-1-507, as last amended by Laws of Utah 2024, Chapter 288
3078A-2-104, as last amended by Laws of Utah 2023, Chapter 394
3178A-2-702, as last amended by Laws of Utah 2021, Chapter 262
3278A-2-704, as last amended by Laws of Utah 2022, Chapter 335
3378A-2-801, as last amended by Laws of Utah 2022, Chapter 334
3478A-2-802, as last amended by Laws of Utah 2023, Chapter 394
3578A-2-803, as last amended by Laws of Utah 2023, Chapter 280
3680-1-102, as last amended by Laws of Utah 2025, Chapter 426
3780-2-102, as last amended by Laws of Utah 2025, Chapter 48
3880-2a-101, as last amended by Laws of Utah 2025, Chapter 426
3980-3-102, as last amended by Laws of Utah 2025, Chapter 426
4080-3-104, as last amended by Laws of Utah 2022, Chapter 334
4180-4-102, as last amended by Laws of Utah 2022, Chapter 335
4281-13-202, as renumbered and amended by Laws of Utah 2025, Chapter 426
43   ENACTS:
4478A-2-104.5, Utah Code Annotated 1953
45
46   Be it enacted by the Legislature of the state of Utah:
47Section 1. Section 26B-1-506 is amended to read:
4826B-1-506 . Fatality review committee report -- Response to report.
49   (1) Within 20 days after the day on which the committee proceedings described in Section
5026B-1-505 end, the committee shall submit:
51(a) a written report to the executive director that includes:
52(i) the advisory opinions made under Subsection 26B-1-505(6); and
53(ii) any recommendations regarding action that should be taken in relation to an
54employee of the department or a person who contracts with the department; and
55(b) a copy of the report described in Subsection (1)(a) to:
56(i) the director, or the director's designee, of the office or division to which the near
57fatality or the death relates; and
58(ii) the regional director, or the regional director's designee, of the region to which
59the near fatality or the death relates.
60   (2)(a) Within 60 days after the day on which the director described in Subsection
61(1)(b)(i) receives a copy of the report described in Subsection (1)(a), the department
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62      shall provide a written response[, with only identifying information redacted,] to the
63      Office of Legislative Research and General Counsel, if the report:
64[(a)] (i) indicates that a law, rule, policy, or procedure was not complied with;
65[(b)] (ii) indicates that the near fatality or the death was not responded to properly;
66[(c)] (iii) recommends that a law, rule, policy, or procedure be changed; or
67[(d)] (iv) indicates that additional training is needed.
68      (b) Only the following information in the report shall be redacted:
69(i) identifying information of a referent; and
70(ii) the surname and address of an individual that is not described in Subsection
71(2)(b)(i).
72  (3) The response described in Subsection (2) shall include:
73      (a) a plan of action to implement any recommended improvements within the
74department; and
75      (b) the approval of the executive director or the executive director's designee for the plan
76described in Subsection (3)(a).
77  (4) A report described in Subsection (1) and the response described in Subsection (2) is a
78      protected record.
79  (5)(a) As used in this Subsection (5), "fatality review document" means any document
80      created in connection with, or as a result of, a formal review of a near fatality or a
81      death, or a decision whether to conduct a formal review of a near fatality or a death,
82      including:
83(i) a report described in Subsection (1);
84(ii) a response described in Subsection (2);
85(iii) a recommendation regarding whether a formal review should be conducted;
86(iv) a decision to conduct a formal review;
87(v) notes of a person who participates in a formal review;
88(vi) notes of a person who reviews a formal review report;
89(vii) minutes of a formal review;
90(viii) minutes of a meeting where a formal review report is reviewed; and
91(ix) minutes of, documents received in relation to, and documents generated in
92relation to, the portion of a meeting of the Health and Human Services Interim
93Committee or the Child Welfare Legislative Oversight Panel that a formal review
94report or a document described in this Subsection (5)(a) is reviewed or discussed.
95      (b) A fatality review document is not subject to discovery, subpoena, or similar
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96compulsory process in any civil, judicial, or administrative proceeding, nor shall any
97individual or organization with lawful access to the data be compelled to testify with
98regard to a report described in Subsection (1) or a response described in Subsection
99(2).
100(c) The following are not admissible as evidence in a civil, judicial, or administrative
101proceeding:
102(i) a fatality review document; and
103(ii) an executive summary described in Subsection 26B-1-507(4).
104Section 2. Section 26B-1-507 is amended to read:
10526B-1-507 . Reporting to, and review by, legislative committees.
106   (1)(a) On or before September 1 of each year, the department shall provide[, with only
107identifying information redacted,] a copy of the report described in Subsection [
10826B-1-506(1)(b),] 26B-1-506(1) and the response described in Subsection
10926B-1-506(2) to the Office of Legislative Research and General Counsel and the
110chairs of:
111[(a)] (i) the Health and Human Services Interim Committee; [or] and
112[(b)] (ii) [if the qualified individual who is the subject of the report is an individual
113described in Subsection 26B-1-501(7)(c), (d), or (h), ]the Child Welfare
114Legislative Oversight Panel, if the individual who is the subject of the report is a
115qualified individual described in Subsection 26B-1-501(7)(c), (d), or (h).
116(b) Only the following information in the report shall be redacted:
117(i) identifying information of a referent; and
118(ii) the surname and address of an individual that is not described in Subsection
119(1)(b)(i).
120   (2)(a) The Health and Human Services Interim Committee may, in a closed meeting,
121review a report described in Subsection [26B-1-506(1)(b)] 26B-1-506(1).
122(b) The Child Welfare Legislative Oversight Panel shall, in a closed meeting, review a
123report described in Subsection [(1)(b)] 26B-1-506(1).
124   (3)(a) The Health and Human Services Interim Committee and the Child Welfare
125Legislative Oversight Panel may not interfere with, or make recommendations
126regarding, the resolution of a particular case.
127(b) The purpose of a review described in Subsection (2) is to assist a committee or panel
128described in Subsection (2) in determining whether to recommend a change in the
129law.
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130      (c) Any recommendation, described in Subsection (3)(b), by a committee or panel for a
131change in the law shall be made in an open meeting.
132  (4) On or before September 1 of each year, the department shall provide an executive
133      summary of all formal review reports for the preceding state fiscal year to:
134      (a) the Office of Legislative Research and General Counsel;
135      (b) the Health and Human Services Interim Committee; and
136      (c) the Child Welfare Legislative Oversight Panel.
137  (5) The executive summary described in Subsection (4):
138      (a) may not include any names or identifying information;
139      (b) shall include:
140(i) all recommendations regarding changes to the law that were made during the
141preceding fiscal year under Subsection 26B-1-505(6);
142(ii) all changes made, or in the process of being made, to a law, rule, policy, or
143procedure in response to a formal review that occurred during the preceding fiscal
144year;
145(iii) a description of the training that has been completed in response to a formal
146review that occurred during the preceding fiscal year;
147(iv) statistics for the preceding fiscal year regarding:
148(A) the number of qualified individuals and the type of deaths and near fatalities
149that are known to the department;
150(B) the number of formal reviews conducted;
151(C) the categories described in Subsection 26B-1-501(7) of qualified individuals;
152(D) the gender, age, race, and other significant categories of qualified individuals;
153and
154(E) the number of fatalities of qualified individuals known to the department that
155are identified as suicides; and
156(v) action taken by the Division of Licensing and Background Checks in response to
157the near fatality or the death of a qualified individual; and
158      (c) is a public document.
159  (6) The Division of Child and Family Services shall, to the extent required by the federal
160      Child Abuse Prevention and Treatment Act of 1988, Pub. L. No. 93-247, as amended,
161      allow public disclosure of the findings or information relating to a case of child abuse or
162      neglect that results in a child fatality or a near fatality.
163Section 3. Section 78A-2-104 is amended to read:
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16478A-2-104 . Judicial Council -- Creation -- Members -- Terms and election --
165   Responsibilities -- Reports.
166   (1) The Judicial Council is composed of:
167(a) the chief justice of the Supreme Court;
168(b) one member elected by the justices of the Supreme Court;
169(c) one member elected by the judges of the Court of Appeals;
170(d) one member elected by the judges of the Business and Chancery Court;
171(e) six members elected by the judges of the district courts;
172(f) three members elected by the judges of the juvenile courts;
173(g) three members elected by the justice court judges; and
174(h) a member or ex officio member of the Board of Commissioners of the Utah State Bar
175who is an active member of the Utah State Bar in good standing at the time of
176election by the Board of Commissioners.
177   (2) The Judicial Council shall have a seal.
178   (3)(a) The chief justice of the Supreme Court shall act as presiding officer of the Judicial
179Council and chief administrative officer for the courts.
180(b) The chief justice shall vote only in the case of a tie.
181   (4)(a) All members of the Judicial Council shall serve for three-year terms.
182(b) If a Judicial Council member should die, resign, retire, or otherwise fail to complete
183a term of office, the appropriate constituent group shall elect a member to complete
184the term of office.
185(c) In courts having more than one member, the members shall be elected to staggered
186terms.
187(d) The individual elected by the Board of Commissioners under Subsection (1)(h) may
188complete a three-year term of office on the Judicial Council even though the
189individual ceases to be a member or ex officio member of the Board of
190Commissioners.
191(e) The individual elected by the Board of Commissioners under Subsection (1)(h) shall
192be an active member of the Utah State Bar in good standing for the entire term of the
193Judicial Council.
194(f) Elections are held under rules made by the Judicial Council.
195   (5)(a) The Judicial Council is responsible for the development of uniform administrative
196policy for the courts throughout the state.
197(b) The presiding officer of the Judicial Council is responsible for the implementation of
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198the policies developed by the Judicial Council and for the general management of the
199courts, with the aid of the state court administrator.
200      (c) The Judicial Council has authority and responsibility to:
201(i) establish and assure compliance with policies for the operation of the courts,
202including uniform rules and forms; and
203(ii) publish and submit to the governor, the chief justice of the Supreme Court, and
204the Legislature an annual report of the operations of the courts, which shall
205include financial and statistical data and may include suggestions and
206recommendations for legislation.
207  (6) The Judicial Council shall establish standards for the operation of the courts of the state,
208      including facilities, court security, support services, and staff levels for judicial and
209      support personnel.
210  (7) The Judicial Council shall by rule:
211      (a) establish the time and manner for destroying court records, including computer
212records; and
213      (b) establish retention periods for court records.
214  (8)(a) Consistent with the requirements of judicial office and security policies, the
215      Judicial Council shall establish procedures to govern the assignment of state vehicles
216      to public officers of the judicial branch.
217      (b) The vehicles shall be marked in a manner consistent with Section 41-1a-407 and may
218be assigned for unlimited use, within the state only.
219  (9)(a) The Judicial Council shall:
220(i) advise judicial officers and employees concerning ethical issues; and
221(ii) establish procedures for issuing informal and formal advisory opinions on ethical
222issues.
223      (b) Compliance with an informal opinion is evidence of good faith compliance with the
224Code of Judicial Conduct.
225      (c) A formal opinion constitutes a binding interpretation of the Code of Judicial Conduct.
226  (10)(a) The Judicial Council shall establish written procedures authorizing the presiding
227      officer of the Judicial Council to appoint judges of courts of record by special or
228      general assignment to serve temporarily in another level of court in a specific court or
229      generally within that level.
230      (b) The appointment under Subsection (10)(a) shall be:
231(i) for a specific period of time; and
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232(ii) reported to the Judicial Council.
233(c) The Judicial Council shall develop the procedures described in this Subsection (10)
234in accordance with Subsection 78A-2-107(2) regarding the temporary appointment of
235judges.
236   (11)(a) The Judicial Council may by rule designate municipalities in addition to those
237designated by statute as a location of a trial court of record.
238(b) There shall be at least one court clerk's office open during regular court hours in each
239county.
240(c) Any trial court of record may hold court in any municipality designated as a location
241of a court of record.
242   (12) The Judicial Council shall by rule determine whether the administration of a court is
243the obligation of the Administrative Office of the Courts or whether the Administrative
244Office of the Courts should contract with local government for court support services.
245   (13) The Judicial Council may by rule direct that a district court location be administered
246from another court location within the county.
247   (14)[(a)] The Judicial Council shall:
248[(i)] (a) establish the Office of Guardian [Ad] ad Litem in accordance with Title 78A,
249Chapter 2, Part 8, Guardian Ad Litem; and
250[(ii)] (b) establish and supervise a Guardian [Ad] ad Litem Oversight Committee[.] , in
251accordance with Section 78A-2-104.5.
252[(b) The Guardian Ad Litem Oversight Committee described in Subsection (14)(a)(ii)
253shall oversee the Office of Guardian Ad Litem, established under Subsection
254(14)(a)(i), and assure that the Office of Guardian Ad Litem complies with state and
255federal law, regulation, policy, and court rules.]
256   (15) The Judicial Council shall establish and maintain, in cooperation with the Office of
257Recovery Services within the Department of Health and Human Services, the part of the
258state case registry that contains records of each support order established or modified in
259the state on or after October 1, 1998, as is necessary to comply with the Social Security
260Act, 42 U.S.C. Sec. 654a.
261Section 4. Section 78A-2-104.5 is enacted to read:
26278A-2-104.5 . Guardian ad Litem Oversight Committee.
263   (1) There is established the Guardian ad Litem Oversight Committee, supervised by the
264Judicial Council.
265   (2) The committee shall consist of:
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266      (a) seven members appointed by the Judicial Council, including:
267(i) a current or former juvenile court judge;
268(ii) an attorney with experience representing parents in child welfare cases;
269(iii) an attorney with experience representing the Division of Child and Family
270Services in child welfare cases;
271(iv) a behavioral or mental health clinical provider with experience working with
272families involved in child welfare cases;
273(v) an individual with experience working with or advocating for youth in foster care;
274(vi) an individual with lived experience as a parent involved with the child welfare
275system; and
276(vii) an individual with lived experience as a child or youth involved with the child
277welfare system;
278      (b) two members appointed by the Administrative Office of the Courts, including:
279(i) a current or former court administrator; and
280(ii) a current internal court auditor;
281      (c) a member of the Senate, whom the president of the Senate appoints;
282      (d) a member of the House of Representatives, whom the speaker of the House of
283Representatives appoints; and
284      (e) the guardian ad litem director, described in Section 78A-2-802, or the director's
285designee.
286  (3) The committee shall:
287      (a) oversee the statewide guardian ad litem program;
288      (b) evaluate the Office of Guardian ad Litem's compliance with the statutory obligations
289described in Section 78A-2-802;
290      (c) assess the effectiveness of the statewide guardian ad litem program, including in:
291(i) cases in which the minor is the subject of an abuse, neglect, or dependency
292petition as described in Section 78A-2-803;
293(ii) cases in which an attorney guardian ad litem is appointed by the district court as
294described in Section 78A-2-703;
295(iii) cases in which a private guardian ad litem is appointed, as described in Section
29678A-2-705; and
297(iv) any other cases in which a guardian ad litem represents a minor, including as
298described in Section 78B-7-202, 80-4-106, 80-7-104, or 81-13-203;
299      (d) annually review a randomly selected sample of the statewide guardian ad litem
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300program cases, including attorney guardian ad litem and private guardian ad litem
301cases;
302(e) review the report described in Section 78A-2-802; and
303(f) make recommendations regarding the statewide guardian ad litem program.
304   (4) In reviewing cases as described in Subsection (3)(d), the committee shall assess:
305(a) whether the office is adequately representing the minor's interests;
306(b) compliance with the requirement to conduct an independent investigation, meet with
307the minor, and keep the minor informed regarding the case; and
308(c) the outcomes of cases for children and families.
309   (5) The committee may:
310(a) replace the guardian ad litem director in accordance with Section 78A-2-802;
311(b) establish policies, requirements, or guidelines for guardians ad litem; and
312(c) subject to Subsection (6), review and discuss individual cases assigned to the Office
313of Guardian ad Litem.
314   (6)(a) If the committee discusses an individual case, the committee shall close the
315committee's meeting in accordance with Title 52, Chapter 4, Open and Public
316Meetings Act.
317(b) A record of the committee regarding an individual case:
318(i) is classified as private under Section 63G-2-302; and
319(ii) may be disclosed only in accordance with federal law and Title 63G, Chapter 2,
320Government Records Access and Management Act.
321(c) The committee shall have access to all of the Office of Guardian ad Litem's records,
322including records regarding individual cases.
323(d) Except as provided in Subsection (6)(c), and notwithstanding Title 63G, Chapter 2,
324Government Records Access and Management Act, all records of an attorney
325guardian ad litem are confidential and may not be released or made public upon
326subpoena, search warrant, discovery proceedings, or otherwise.
327(e) In accordance with Title 63G, Chapter 2, Government Records Access and
328Management Act, all documents and information received by the committee from the
329Office of Guardian ad Litem shall maintain the same classification under Title 63G,
330Chapter 2, Government Records Access and Management Act, that was designated
331by the Office of Guardian ad Litem.
332(f) Subsection (6)(c) is an exception to Utah Rules of Professional Conduct, Rule 1.6, as
333provided by Rule 1.6(b)(4), because of:
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334(i) the unique role of an attorney guardian ad litem; and
335(ii) the state's role and responsibility to provide a guardian ad litem program, and as
336parens patriae, to protect minors.
337  (7) The committee shall meet at least quarterly.
338  (8) A member may not receive compensation or benefits for the member's service, but may
339      receive per diem and travel expenses in accordance with:
340      (a) Section 63A-3-106;
341      (b) Section 63A-3-107; and
342      (c) rules made by the Division of Finance in accordance with Sections 63A-3-106 and
34363A-3-107.
344  (9) On or before November 1, the committee shall provide an annual report to the Judicial
345      Council and the Child Welfare Legislative Oversight Panel regarding the committee's
346      activities, findings, and recommendations.
347Section 5. Section 78A-2-702 is amended to read:
34878A-2-702 . Definitions.
349  (1) As used in this part:
350      [(1)] (a) "Attorney guardian ad litem" means an attorney employed by the office.
351      [(2)] (b) "Director" means the director of the office.
352      (c) "Expressed interest" means the same as that term is defined in Section 80-1-102.
353      [(3)] (d) "Guardian ad litem" means an attorney guardian ad litem or a private attorney
354guardian ad litem.
355      [(4)] (e) "Office" means the Office of Guardian ad Litem, created in Section 78A-2-802.
356      [(5)] (f) "Private attorney guardian ad litem" means an attorney designated by the office
357in accordance with Section 78A-2-705 who is not an employee of the office.
358  (2) A determination of a minor's best interest under this part shall be made in accordance
359      with Sections 80-2a-201, 80-4-104, and any other section of this title consistent with
360      those sections.
361Section 6. Section 78A-2-704 is amended to read:
36278A-2-704 . Public policy regarding attorney guardian ad litem -- Training.
363  (1) An attorney guardian ad litem may not presume that a child and the child's parent are
364      adversaries.
365  (2) An attorney guardian ad litem shall be trained on and implement into practice:
366      (a) the parental rights and child and family protection principles provided in Section
36780-2a-201;
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368(b) the fundamental liberties of parents and the public policy of the state to support
369family unification to the fullest extent possible;
370(c) the constitutionally protected rights of parents, in cases where the state is a party;
371(d) the use of a least restrictive means analysis regarding state claims of a compelling
372child welfare interest;
373(e) the priority of maintaining a child safely in the child's home, whenever possible;
374(f) the importance of:
375(i) kinship placement, [in the event] if the child is removed from the home; and
376(ii) keeping sibling groups together, whenever practicable and in the best interests of
377the children;
378(g) the preference for kinship adoption over nonkinship adoption, if the parent-child
379relationship is legally terminated;
380(h) the potential for a guardianship placement if the parent-child relationship is legally
381terminated and no appropriate adoption placement is available; and
382(i) the use of an individualized permanency plan, only as a last resort.
383   (3) The office shall implement policies and practice guidelines that reflect the priorities
384described in Subsections (2)(e) through (i) for the placement of children.
385Section 7. Section 78A-2-801 is amended to read:
38678A-2-801 . Definitions.
387   (1) As used in this part:
388[(1)] (a) "Abuse, neglect, or dependency petition" means the same as that term is defined
389in Section 80-3-102.
390[(2)] (b) "Attorney guardian ad litem" means an attorney employed by the office.
391[(3)] (c) "Director" means the director of the office.
392[(4)] (d) "Division" means the Division of Child and Family Services created in Section
39380-2-201.
394[(5)] (e) "Guardian ad litem" means an attorney guardian ad litem or a private attorney
395guardian ad litem.
396[(6)] (f) "Indigent individual" means the same as that term is defined in Section
39778B-22-102.
398[(7)] (g) "Minor" means the same as that term is defined in Section 80-1-102.
399[(8)] (h) "Office" means the Office of Guardian Ad Litem created in Section 78A-2-802.
400[(9)] (i) "Private attorney guardian ad litem" means an attorney designated by the office
401in accordance with Section 78A-2-705 who is not an employee of the office.
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402  (2) A determination of a minor's best interest under this chapter shall be made in
403      accordance with Sections 80-2a-201, 80-4-104, and any other section of this title
404      consistent with those sections.
405Section 8. Section 78A-2-802 is amended to read:
40678A-2-802 . Office of Guardian ad Litem -- Appointment of director -- Duties of
407  director -- Contracts in second, third, and fourth districts.
408  (1) There is created the Office of Guardian [Ad] ad Litem under the direct supervision of the
409      Guardian [Ad] ad Litem Oversight Committee described in [Subsection 78A-2-104(14)]
410      Section 78A-2-104.5.
411  (2)(a) The Guardian [Ad] ad Litem Oversight Committee shall appoint one individual to
412      serve full time as the guardian ad litem director for the state.
413      (b) The guardian ad litem director shall:
414(i) serve at the pleasure of the Guardian [Ad] ad Litem Oversight Committee, in
415consultation with the state court administrator;
416(ii) be an attorney licensed to practice law in this state and selected on the basis of:
417(A) professional ability;
418(B) experience in abuse, neglect, and dependency proceedings;
419(C) familiarity with the role, purpose, and function of guardians ad litem in both
420juvenile and district courts; and
421(D) ability to develop training curricula and reliable methods for data collection
422and evaluation; and
423(iii) before or immediately after the director's appointment, be trained in nationally
424recognized standards for an attorney guardian ad litem.
425  (3) The guardian ad litem director shall:
426      (a) establish policy and procedure for the management of a statewide guardian ad litem
427program;
428      (b) manage the guardian ad litem program to assure that a minor receives qualified
429guardian ad litem services in an abuse, neglect, or dependency proceeding under Title
43080, Chapter 3, Abuse, Neglect, and Dependency Proceedings, in accordance with
431state and federal law and policy;
432      (c) develop standards for contracts of employment and contracts with independent
433contractors, and employ or contract with attorneys licensed to practice law in this
434state, to act as attorney guardians ad litem in accordance with Section 78A-2-803;
435      (d) develop and provide training programs for volunteers in accordance with the United
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436States Department of Justice National Court Appointed Special [Advocates] Advocate
437Association standards;
438      (e) develop, publish, and update a guardian ad litem manual that includes:
439(i) best practices for an attorney guardian ad litem; and
440(ii) statutory and case law relating to an attorney guardian ad litem;
441      (f) develop and provide a library of materials for the continuing education of attorney
442guardians ad litem and volunteers;
443      (g) educate court personnel regarding the role and function of guardians ad litem;
444      (h) develop needs assessment strategies, perform needs assessment surveys, and ensure
445that guardian ad litem training programs correspond with actual and perceived needs
446for training;
447      (i) design and implement evaluation tools based on specific objectives targeted in the
448needs assessments described in Subsection (3)(h);
449      (j) evaluate the performance of attorney guardians ad litem and private guardians ad
450litem, including tracking the frequency of a guardian ad litem's interactions with a
451minor and whether the interaction was:
452(i) directly with the minor in person;
453(ii) directly with the minor through telephone, video, or writing; or
454(iii) indirectly with the minor through an assigned trained volunteer, in accordance
455with Section 78A-2-803;
456      [(j)] (k) prepare and submit an annual report to the Guardian ad Litem Oversight
457Committee and the Child Welfare Legislative Oversight Panel created in Section
45836-33-102 regarding:
459(i) the development, policy, and management of the statewide guardian ad litem
460program;
461(ii) the training and evaluation of attorney guardians ad litem and volunteers,
462including needs assessment surveys and evaluation tools described in Subsections
463(3)(h) and (i);
464(iii) specific action the director has taken to:
465(A) confirm that minor clients receive qualified guardian ad litem services; and
466(B) audit and review cases assigned to the office for statutory compliance, best
467practices, and outcomes;
468(iv) guardians ad litem client interaction data; and
469[(iii)] (v) the number of minors served by the office;
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470      [(k)] (l) hire, train, and supervise investigators; and
471      [(l)] (m) administer the program of private attorney guardians ad litem established under
472Section 78A-2-705.
473  (4) A contract of employment or independent contract described in Subsection (3)(c) shall
474      provide that an attorney guardian ad litem in the second, third, and fourth judicial
475      districts devote the attorney guardian's ad litem full time and attention to the role of
476      attorney guardian ad litem, having no clients other than the minors whose interest the
477      attorney guardian ad litem represents within the guardian ad litem program.
478Section 9. Section 78A-2-803 is amended to read:
47978A-2-803 . Appointment of attorney guardian ad litem -- Duties and
480  responsibilities -- Training -- Trained staff and court-appointed special advocate
481  volunteers -- Costs -- Immunity -- Annual report.
482  (1)(a) The court:
483(i) may appoint an attorney guardian ad litem to represent [the best interest of ]a
484minor involved in any case before the court; and
485(ii) shall consider the best interest of a minor, consistent with the provisions of
486Section 80-2a-201, in determining whether to appoint a guardian ad litem.
487      (b) In all cases where an attorney guardian ad litem is appointed, the court shall make a
488finding that establishes the necessity of the appointment within seven days of the
489appointment.
490  (2) [An] Following appointment by the court, an attorney guardian ad litem shall represent
491      the [best interest of each ]minor who [may become] is the subject of an abuse, neglect, or
492      dependency petition [from the earlier of:] in accordance with Subsection (8).
493      [(a) the day on which the minor is removed from the minor's home by the division; or]
494      [(b) the day on which the abuse, neglect, or dependency petition is filed.]
495  (3) The director shall ensure that each attorney guardian ad litem employed by the office:
496      (a) represents the best interest of each client of the office in all venues, including:
497(i) court proceedings; and
498(ii) meetings to develop, review, or modify the child and family plan with the
499division in accordance with Section 80-3-307;
500      (b) before representing any minor before the court, be trained in:
501(i) applicable statutory, regulatory, and case law; and
502(ii) nationally recognized standards for an attorney guardian ad litem;
503      (c) conducts or supervises an ongoing, independent investigation in order to obtain,
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504first-hand, a clear understanding of the situation[ and] , needs, and wishes of the
505minor;
506      (d)(i) personally meets with the minor, unless:
507(A) the minor is outside of the state; or
508(B) meeting with the minor would be detrimental to the minor;
509(ii) personally interviews the minor, unless:
510(A) the minor is not old enough to communicate;
511(B) the minor lacks the capacity to participate in a meaningful interview; or
512(C) the interview would be detrimental to the minor; and
513(iii) if the minor is placed in an out-of-home placement, or is being considered for
514placement in an out-of-home placement, unless it would be detrimental to the
515minor[:] ,
516[(A)] to the extent possible, determines the minor's goals and concerns regarding
517placement[; and] ;
518[(B) personally assesses or supervises an assessment of the appropriateness and
519safety of the minor's environment in each placement;]
520      (e) personally attends all review hearings pertaining to the minor's case;
521      (f) participates in all appeals, unless excused by order of the court;
522      (g) is familiar with local experts who can provide consultation and testimony regarding
523the reasonableness and appropriateness of efforts made by the division to:
524(i) maintain a minor in the minor's home; or
525(ii) reunify a minor with a minor's parent;
526      (h) to the extent possible, and unless it would be detrimental to the minor, personally or
527through a trained volunteer, paralegal, or other trained staff, keeps the minor advised
528of:
529(i) the status of the minor's case;
530(ii) all court and administrative proceedings;
531(iii) discussions with, and proposals made by, other parties;
532(iv) court action; and
533(v) the psychiatric, medical, or other treatment or diagnostic services that are to be
534provided to the minor;
535      (i) in cases where a child and family plan is required, personally or through a trained
536volunteer, paralegal, or other trained staff, monitors implementation of a minor's
537child and family plan and any dispositional orders to:
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538(i) determine whether services ordered by the court:
539(A) are actually provided; and
540(B) are provided in a timely manner; and
541(ii) [attempt to ]assess whether services ordered by the court are accomplishing the
542intended goal of the services; and
543      (j) makes all necessary court filings to advance the [guardian's ad litem position
544regarding the best interest of the minor] orders and established goals of the court.
545  (4)(a) Consistent with this Subsection (4), an attorney guardian ad litem may use trained
546      volunteers, in accordance with Title 67, Chapter 20, Volunteer Government Workers
547      Act, trained paralegals, and other trained staff to assist in investigation and
548      preparation of information regarding the cases of individual minors before the court.
549      (b) A volunteer, paralegal, or other staff utilized under this section shall be trained in
550and follow, at a minimum, the guidelines established by the United States
551Department of Justice National Court Appointed Special Advocate Association.
552  (5) The attorney guardian ad litem shall continue to represent the best interest of the minor
553      until released from that duty by the court.
554  (6)(a) Consistent with Subsection (6)(b), the juvenile court is responsible for:
555(i) all costs resulting from the appointment of an attorney guardian ad litem; and
556(ii) the costs of volunteer, paralegal, and other staff appointment and training.
557      (b) The court shall use funds appropriated by the Legislature for the guardian ad litem
558program to cover the costs described in Subsection (6)(a).
559      (c)(i) When the court appoints an attorney guardian ad litem under this section, the
560court may assess all or part of the attorney fees, court costs, and paralegal, staff,
561and volunteer expenses against the minor's parents, parent, or legal guardian in a
562proportion that the court determines to be just and appropriate, taking into
563consideration costs already borne by the parents, parent, or legal guardian,
564including:
565(A) private attorney fees;
566(B) counseling for the minor;
567(C) counseling for the parent, if mandated by the court or recommended by the
568division; and
569(D) any other cost the court determines to be relevant.
570(ii) The court may not assess the fees or costs described in Subsection (6)(c)(i)
571against:
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572(A) a legal guardian, when that guardian is the state; or
573(B) consistent with Subsection (6)(d), a parent who is found to be an indigent
574individual.
575(d) For purposes of Subsection (6)(c)(ii)(B), if an individual claims to be an indigent
576individual, the court shall:
577(i) require the individual to submit an affidavit of indigency as provided in Section
57878A-2-302; and
579(ii) follow the procedures and make the determinations as provided in Section
58078A-2-304.
581(e) The minor's parents, parent, or legal guardian may appeal the court's determination,
582under Subsection (6)(c), of fees, costs, and expenses.
583   (7) An attorney guardian ad litem appointed under this section, when serving in the scope
584of the attorney guardian's ad litem duties as guardian ad litem is considered an employee
585of the state for purposes of indemnification under Title 63G, Chapter 7, Governmental
586Immunity Act of Utah.
587   (8)(a) An attorney guardian ad litem shall represent the best interest of a minor.
588(b) If the minor's wishes differ from the attorney's determination of the minor's best
589interest, the attorney guardian ad litem shall:
590(i) [ ]communicate the minor's wishes to the court in addition to presenting the
591attorney's determination of the minor's best interest; and
592(ii) provide the basis for the attorney's determination to the court and to the minor.
593(c) A difference between the minor's wishes and the attorney's determination of best
594interest may not be considered a conflict of interest for the attorney.
595(d) The guardian ad litem shall disclose the wishes of the minor unless the minor:
596(i) instructs the guardian ad litem to not disclose the minor's wishes; or
597(ii) has not expressed any wishes.
598(e) The court may appoint one attorney guardian ad litem to represent the best interests
599of [more than one minor of a marriage] minor siblings if no conflict is present.
600   (9) At each hearing, the attorney guardian ad litem shall inform the court:
601(a) whether the minor expressed a desire to be present at the hearing; and
602(b) of the date that the attorney guardian ad litem most recently spoke with the minor,
603including whether the interaction was:
604(i) directly with the minor in person;
605(ii) directly with the minor through telephone, video, or writing; or
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606(iii) indirectly with the minor through an assigned trained volunteer, in accordance
607with Subsection (4).
608  (10)(a) A minor may request a change in an appointed attorney guardian ad litem
609      directly if there is good cause.
610      (b) The court shall determine whether to change the appointed attorney guardian ad
611litem.
612  [(9)] (11) The division shall provide an attorney guardian ad litem access to all division
613      records regarding the minor at issue and the minor's family.
614  [(10)] (12)(a) An attorney guardian ad litem shall conduct an independent investigation
615      regarding the minor at issue, the minor's family, and what is in the best interest of the
616      minor.
617      (b) An attorney guardian ad litem may interview the minor's child welfare caseworker,
618but may not:
619(i) rely exclusively on the conclusions and findings of the division; or
620(ii) except as provided in Subsection [(10)(c)] (12)(c), conduct a visit with the client
621in conjunction with the visit of a child welfare caseworker.
622      (c)(i) An attorney guardian ad litem may meet with a client during a team meeting,
623court hearing, or similar venue when a child welfare caseworker is present for a
624purpose other than the attorney guardian ad litem's meeting with the client.
625(ii) A party and the party's counsel may attend a team meeting in accordance with the
626Utah Rules of Professional Conduct.
627  [(11)] (13)(a) An attorney guardian ad litem shall maintain current and accurate records
628      regarding:
629(i) the number of times the attorney has had contact with each minor; and
630(ii) the actions the attorney has taken in representation of the minor's best interest.
631      (b) In every hearing where the attorney guardian ad litem makes a recommendation
632regarding the best interest of the minor, the court shall require the attorney guardian
633ad litem to disclose the activities and sources of the attorney guardian ad litem's
634independent investigation and factors that form the basis of the recommendation.
635  [(12)] (14)(a) Except as provided in Subsection [(12)(b)] (14)(b), and notwithstanding
636      Title 63G, Chapter 2, Government Records Access and Management Act, all records
637      of an attorney guardian ad litem are confidential and may not be released or made
638      public upon subpoena, search warrant, discovery proceedings, or otherwise.
639      (b) Consistent with Subsection [(12)(d)] (14)(d), all records of an attorney guardian ad
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640litem:
641(i) are subject to legislative subpoena, under Title 36, Chapter 14, Legislative
642Subpoena Powers; and
643(ii) shall be released to the Legislature.
644(c)(i) Except as provided in Subsection [(12)(c)(ii)] (14)(c)(ii), the Legislature shall
645maintain records released in accordance with Subsection [(12)(b)] (14)(b) as
646confidential.
647(ii) Notwithstanding Subsection [(12)(c)(i)] (14)(c)(i), the Office of the Legislative
648Auditor General may include summary data and nonidentifying information in the
649office's audits and reports to the Legislature.
650(d)(i) Subsection [(12)(b)] (14)(b) is an exception to Utah Rules of Professional
651Conduct, Rule 1.6, as provided by Rule 1.6(b)(4), because of:
652(A) the unique role of an attorney guardian ad litem described in Subsection (8);
653and
654(B) the state's role and responsibility to provide a guardian ad litem program, and
655as parens patriae, to protect minors.
656(ii) A claim of attorney-client privilege does not bar access to the records of an
657attorney guardian ad litem by the Legislature, through legislative subpoena.
658   (15)(a) An attorney guardian ad litem shall respond to case-related discovery.
659(b) Interrogatories, requests for admissions, or depositions may not be imposed on a
660minor.
661   (16)(a) An attorney guardian ad litem should make a best interest recommendation based
662on the attorney guardian ad litem's direct knowledge and independent and personal
663investigation.
664(b) The Office of Guardian ad Litem's director or a managing attorney shall preserve the
665independent investigation of an attorney guardian ad litem as required in Subsection
666(12)(a) and may not direct an attorney guardian ad litem to take a certain position or
667make a particular recommendation.
668   (17) When making a ruling, the juvenile court may consider the minor's wishes.
669Section 10. Section 80-1-102 is amended to read:
67080-1-102 . Juvenile Code definitions.
671      Except as provided in Section 80-6-1103, as used in this title:
672   (1)(a) "Abuse" means:
673(i)(A) nonaccidental harm of a child;
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674(B) threatened harm of a child;
675(C) sexual exploitation;
676(D) sexual abuse; or
677(E) human trafficking of a child in violation of Section 76-5-308.5; or
678(ii) that a child's parent:
679(A) intentionally, knowingly, or recklessly causes the death of another parent of
680the child;
681(B) is identified by a law enforcement agency as the primary suspect in an
682investigation for intentionally, knowingly, or recklessly causing the death of
683another parent of the child; or
684(C) is being prosecuted for or has been convicted of intentionally, knowingly, or
685recklessly causing the death of another parent of the child.
686      (b) "Abuse" does not include:
687(i) reasonable discipline or management of a child, including withholding privileges;
688(ii) conduct described in Section 76-2-401; or
689(iii) the use of reasonable and necessary physical restraint or force on a child:
690(A) in self-defense;
691(B) in defense of others;
692(C) to protect the child; or
693(D) to remove a weapon in the possession of a child for any of the reasons
694described in Subsections (1)(b)(iii)(A) through (C).
695  (2) "Abused child" means a child who has been subjected to abuse.
696  (3)(a) "Adjudication" means, except as provided in Subsection (3)(b):
697(i) for a delinquency petition or criminal information under Chapter 6, Juvenile
698Justice:
699(A) a finding by the juvenile court that the facts alleged in a delinquency petition
700or criminal information alleging that a minor committed an offense have been
701proved;
702(B) an admission by a minor in the juvenile court as described in Section 80-6-306;
703or
704(C) a plea of no contest by minor in the juvenile court; or
705(ii) for all other proceedings under this title, a finding by the juvenile court that the
706facts alleged in the petition have been proved.
707      (b) "Adjudication" does not include:
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708(i) an admission by a minor described in Section 80-6-306 until the juvenile court
709enters the minor's admission; or
710(ii) a finding of not competent to proceed in accordance with Section 80-6-402.
711   (4)(a) "Adult" means an individual who is 18 years old or older.
712(b) "Adult" does not include an individual:
713(i) who is 18 years old or older; and
714(ii) who is a minor.
715   (5) "Attorney guardian ad litem" means the same as that term is defined in Section
71678A-2-801.
717   (6) "Board" means the Board of Juvenile Court Judges.
718   (7) "Child" means, except as provided in Section 80-2-905, an individual who is under 18
719years old.
720   (8) "Child and family plan" means a written agreement between a child's parents or
721guardian and the Division of Child and Family Services as described in Section 80-3-307.
722   (9) "Child placing" means the same as that term is defined in Section 26B-2-101.
723   (10) "Child-placing agency" means the same as that term is defined in Section 26B-2-101.
724   (11) "Child protection team" means a team consisting of:
725(a) the child welfare caseworker assigned to the case;
726(b) if applicable, the child welfare caseworker who made the decision to remove the
727child;
728(c) a representative of the school or school district where the child attends school;
729(d) if applicable, the law enforcement officer who removed the child from the home;
730(e) a representative of the appropriate Children's Justice Center, if one is established
731within the county where the child resides;
732(f) if appropriate, and known to the division, a therapist or counselor who is familiar
733with the child's circumstances;
734(g) if appropriate, a representative of law enforcement selected by the chief of police or
735sheriff in the city or county where the child resides; and
736(h) any other individuals determined appropriate and necessary by the team coordinator
737and chair.
738   (12)(a) "Chronic abuse" means repeated or patterned abuse.
739(b) "Chronic abuse" does not mean an isolated incident of abuse.
740   (13)(a) "Chronic neglect" means repeated or patterned neglect.
741(b) "Chronic neglect" does not mean an isolated incident of neglect.
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742  (14) "Clandestine laboratory operation" means the same as that term is defined in Section
743      58-37d-3.
744  (15) "Commit" or "committed" means, unless specified otherwise:
745      (a) with respect to a child, to transfer legal custody; and
746      (b) with respect to a minor who is at least 18 years old, to transfer custody.
747  (16) "Community-based program" means a nonsecure residential or nonresidential program,
748      designated to supervise and rehabilitate juvenile offenders, that prioritizes the least
749      restrictive setting, consistent with public safety, and operated by or under contract with
750      the Division of Juvenile Justice and Youth Services.
751  (17) "Community placement" means placement of a minor in a community-based program
752      described in Section 80-5-402.
753  (18) "Correctional facility" means:
754      (a) a county jail; or
755      (b) a secure correctional facility as defined in Section 64-13-1.
756  (19) "Criminogenic risk factors" means evidence-based factors that are associated with a
757      minor's likelihood of reoffending.
758  (20) "Department" means the Department of Health and Human Services created in Section
759      26B-1-201.
760  (21) "Dependent child" or "dependency" means a child who is without proper care through
761      no fault of the child's parent, guardian, or custodian.
762  (22) "Deprivation of custody" means transfer of legal custody by the juvenile court from a
763      parent or a previous custodian to another person, agency, or institution.
764  (23) "Detention" means home detention or secure detention.
765  (24) "Detention facility" means a facility, established by the Division of Juvenile Justice
766      and Youth Services in accordance with Section 80-5-501, for minors held in detention.
767  (25) "Detention risk assessment tool" means an evidence-based tool established under
768      Section 80-5-203 that:
769      (a) assesses a minor's risk of failing to appear in court or reoffending before
770adjudication; and
771      (b) is designed to assist in making a determination of whether a minor shall be held in
772detention.
773  (26) "Developmental immaturity" means incomplete development in one or more domains
774      that manifests as a functional limitation in the minor's present ability to:
775      (a) consult with counsel with a reasonable degree of rational understanding; and
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776(b) have a rational as well as factual understanding of the proceedings.
777   (27) "Disposition" means an order by a juvenile court, after the adjudication of a minor,
778under Section 80-3-405 or 80-4-305 or Chapter 6, Part 7, Adjudication and Disposition.
779   (28) "Educational neglect" means that, after receiving a notice of compulsory education
780violation under Section 53G-6-202, the parent or guardian fails to make a good faith
781effort to ensure that the child receives an appropriate education.
782   (29) "Educational series" means an evidence-based instructional series:
783(a) obtained at a substance abuse program that is approved by the Division of Integrated
784Healthcare in accordance with Section 26B-5-104; and
785(b) designed to prevent substance use or the onset of a mental health disorder.
786   (30) "Emancipated" means the same as that term is defined in Section 80-7-102.
787   (31) "Evidence-based" means a program or practice that has had multiple randomized
788control studies or a meta-analysis demonstrating that the program or practice is effective
789for a specific population or has been rated as effective by a standardized program
790evaluation tool.
791   (32) "Expressed interest" means the goals, desires, outcomes, or wishes that a minor has
792expressed.
793   [(32)] (33) "Forensic evaluator" means the same as that term is defined in Section 77-15-2.
794   [(33)] (34) "Formal probation" means a minor is:
795(a) supervised in the community by, and reports to, a juvenile probation officer or an
796agency designated by the juvenile court; and
797(b) subject to return to the juvenile court in accordance with Section 80-6-607.
798   [(34)] (35) "Gender identity" means the same as that term is defined in Section 34A-5-102.
799   [(35)] (36) "Group rehabilitation therapy" means psychological and social counseling of one
800or more individuals in the group, depending upon the recommendation of the therapist.
801   [(36)] (37) "Guardian" means a person appointed by a court to make decisions regarding a
802minor, including the authority to consent to:
803(a) marriage;
804(b) enlistment in the armed forces;
805(c) major medical, surgical, or psychiatric treatment; or
806(d) legal custody, if legal custody is not vested in another individual, agency, or
807institution.
808   [(37)] (38) "Guardian ad litem" means the same as that term is defined in Section 78A-2-801.
809   [(38)] (39) "Harm" means:
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810      (a) physical or developmental injury or damage;
811      (b) emotional damage that results in a serious impairment in the child's growth,
812development, behavior, or psychological functioning;
813      (c) sexual abuse; or
814      (d) sexual exploitation.
815  [(39)] (40) "Home detention" means placement of a minor:
816      (a) if prior to a disposition, in the minor's home, or in a surrogate home with the consent
817of the minor's parent, guardian, or custodian, under terms and conditions established
818by the Division of Juvenile Justice and Youth Services or the juvenile court; or
819      (b) if after a disposition, and in accordance with Section 78A-6-353 or 80-6-704, in the
820minor's home, or in a surrogate home with the consent of the minor's parent,
821guardian, or custodian, under terms and conditions established by the Division of
822Juvenile Justice and Youth Services or the juvenile court.
823  [(40)] (41)(a) "Incest" means engaging in sexual intercourse with an individual whom the
824      perpetrator knows to be the perpetrator's ancestor, descendant, brother, sister, uncle,
825      aunt, nephew, niece, or first cousin.
826      (b) "Incest" includes:
827(i) blood relationships of the whole or half blood, regardless of whether the
828relationship is legally recognized;
829(ii) relationships of parent and child by adoption; and
830(iii) relationships of stepparent and stepchild while the marriage creating the
831relationship of a stepparent and stepchild exists.
832  [(41)] (42) "Indian child" means the same as that term is defined in 25 U.S.C. Sec. 1903.
833  [(42)] (43) "Indian tribe" means the same as that term is defined in 25 U.S.C. Sec. 1903.
834  [(43)] (44) "Indigent defense service provider" means the same as that term is defined in
835      Section 78B-22-102.
836  [(44)] (45) "Indigent defense services" means the same as that term is defined in Section
837      78B-22-102.
838  [(45)] (46) "Indigent individual" means the same as that term is defined in Section
839      78B-22-102.
840  [(46)] (47)(a) "Intake probation" means a minor is:
841(i) monitored by a juvenile probation officer; and
842(ii) subject to return to the juvenile court in accordance with Section 80-6-607.
843      (b) "Intake probation" does not include formal probation.
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844   [(47)] (48) "Intellectual disability" means a significant subaverage general intellectual
845functioning existing concurrently with deficits in adaptive behavior that constitutes a
846substantial limitation to the individual's ability to function in society.
847   [(48)] (49) "Juvenile offender" means:
848(a) a serious youth offender; or
849(b) a youth offender.
850   [(49)] (50) "Juvenile probation officer" means a probation officer appointed under Section
85178A-6-205.
852   [(50)] (51) "Juvenile receiving center" means a nonsecure, nonresidential program
853established by the Division of Juvenile Justice and Youth Services, or under contract
854with the Division of Juvenile Justice and Youth Services, that is responsible for minors
855taken into temporary custody under Section 80-6-201.
856   [(51)] (52) "Legal custody" means a relationship embodying:
857(a) the right to physical custody of the minor;
858(b) the right and duty to protect, train, and discipline the minor;
859(c) the duty to provide the minor with food, clothing, shelter, education, and ordinary
860medical care;
861(d) the right to determine where and with whom the minor shall live; and
862(e) the right, in an emergency, to authorize surgery or other extraordinary care.
863   [(52)] (53) "Licensing Information System" means the Licensing Information System
864maintained by the Division of Child and Family Services under Section 80-2-1002.
865   [(53)] (54) "Management Information System" means the Management Information System
866developed by the Division of Child and Family Services under Section 80-2-1001.
867   [(54)] (55) "Mental illness" means:
868(a) a psychiatric disorder that substantially impairs an individual's mental, emotional,
869behavioral, or related functioning; or
870(b) the same as that term is defined in:
871(i) the current edition of the Diagnostic and Statistical Manual of Mental Disorders
872published by the American Psychiatric Association; or
873(ii) the current edition of the International Statistical Classification of Diseases and
874Related Health Problems.
875   [(55)] (56) "Minor" means, except as provided in Sections 80-6-501, 80-6-901, and 80-7-102:
876(a) a child; or
877(b) an individual:
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878(i)(A) who is at least 18 years old and younger than 21 years old; and
879(B) for whom the Division of Child and Family Services has been specifically
880ordered by the juvenile court to provide services because the individual was an
881abused, neglected, or dependent child or because the individual was
882adjudicated for an offense;
883(ii)(A) who is at least 18 years old and younger than 25 years old; and
884(B) whose case is under the jurisdiction of the juvenile court in accordance with
885Subsection 78A-6-103(1)(b); or
886(iii)(A) who is at least 18 years old and younger than 21 years old; and
887(B) whose case is under the jurisdiction of the juvenile court in accordance with
888Subsection 78A-6-103(1)(c).
889  [(56)] (57) "Mobile crisis outreach team" means the same as that term is defined in Section
890      26B-5-101.
891  [(57)] (58) "Molestation" means that an individual, with the intent to arouse or gratify the
892      sexual desire of any individual, touches the anus, buttocks, pubic area, or genitalia of
893      any child, or the breast of a female child, or takes indecent liberties with a child as
894      defined in Section 76-5-401.1.
895  [(58)] (59)(a) "Neglect" means action or inaction causing:
896(i) abandonment of a child, except as provided in Chapter 4, Part 5, Safe
897Relinquishment of a Newborn Child;
898(ii) lack of proper parental care of a child by reason of the fault or habits of the
899parent, guardian, or custodian;
900(iii) failure or refusal of a parent, guardian, or custodian to provide proper or
901necessary subsistence or medical care, or any other care necessary for the child's
902health, safety, morals, or well-being;
903(iv) a child to be at risk of being neglected or abused because another child in the
904same home is neglected or abused;
905(v) abandonment of a child through an unregulated child custody transfer under
906Section 81-14-203; or
907(vi) educational neglect.
908      (b) "Neglect" does not include:
909(i) a parent or guardian legitimately practicing religious beliefs and who, for that
910reason, does not provide specified medical treatment for a child;
911(ii) a health care decision made for a child by the child's parent or guardian, unless
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912the state or other party to a proceeding shows, by clear and convincing evidence,
913that the health care decision is not reasonable and informed;
914(iii) a parent or guardian exercising the right described in Section 80-3-304; or
915(iv) permitting a child, whose basic needs are met and who is of sufficient age and
916maturity to avoid harm or unreasonable risk of harm, to engage in independent
917activities, including:
918(A) traveling to and from school, including by walking, running, or bicycling;
919(B) traveling to and from nearby commercial or recreational facilities;
920(C) engaging in outdoor play;
921(D) remaining in a vehicle unattended, except under the conditions described in
922Subsection 76-5-115(2);
923(E) remaining at home unattended; or
924(F) engaging in a similar independent activity.
925   [(59)] (60) "Neglected child" means a child who has been subjected to neglect.
926   [(60)] (61) "Nonjudicial adjustment" means closure of the case by the assigned juvenile
927probation officer, without an adjudication of the minor's case under Section 80-6-701,
928upon the consent in writing of:
929(a) the assigned juvenile probation officer; and
930(b)(i) the minor; or
931(ii) the minor and the minor's parent, guardian, or custodian.
932   [(61)] (62) "Not competent to proceed" means that a minor, due to a mental illness,
933intellectual disability or related condition, or developmental immaturity, lacks the ability
934to:
935(a) understand the nature of the proceedings against the minor or of the potential
936disposition for the offense charged; or
937(b) consult with counsel and participate in the proceedings against the minor with a
938reasonable degree of rational understanding.
939   [(62)] (63)(a) "Parent" means, except as provided in Section 80-3-302, an individual with
940a parent-child relationship to a minor under Section 81-5-201.
941(b) "Parent" includes the minor's noncustodial parent as defined in Section 81-1-101.
942   [(63)] (64) "Parole" means a conditional release of a juvenile offender from residency in
943secure care to live outside of secure care under the supervision of the Division of
944Juvenile Justice and Youth Services, or another person designated by the Division of
945Juvenile Justice and Youth Services.
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946  [(64)] (65) "Physical abuse" means abuse that results in physical injury or damage to a child.
947  [(65)] (66)(a) "Probation" means a legal status created by court order, following an
948      adjudication under Section 80-6-701, whereby the minor is permitted to remain in the
949      minor's home under prescribed conditions.
950      (b) "Probation" includes intake probation or formal probation.
951  [(66)] (67) "Prosecuting attorney" means:
952      (a) the attorney general and any assistant attorney general;
953      (b) any district attorney or deputy district attorney;
954      (c) any county attorney or assistant county attorney; and
955      (d) any other attorney authorized to commence an action on behalf of the state.
956  [(67)] (68) "Protective custody" means the shelter of a child by the Division of Child and
957      Family Services from the time the child is removed from the home until the earlier of:
958      (a) the day on which the shelter hearing is held under Section 80-3-301; or
959      (b) the day on which the child is returned home.
960  [(68)] (69) "Protective services" means expedited services that are provided:
961      (a) in response to evidence of neglect, abuse, or dependency of a child;
962      (b) to a cohabitant who is neglecting or abusing a child, in order to:
963(i) help the cohabitant develop recognition of the cohabitant's duty of care and of the
964causes of neglect or abuse; and
965(ii) strengthen the cohabitant's ability to provide safe and acceptable care; and
966      (c) in cases where the child's welfare is endangered:
967(i) to bring the situation to the attention of the appropriate juvenile court and law
968enforcement agency;
969(ii) to cause a protective order to be issued for the protection of the child, when
970appropriate; and
971(iii) to protect the child from the circumstances that endanger the child's welfare
972including, when appropriate:
973(A) removal from the child's home;
974(B) placement in substitute care; and
975(C) petitioning the court for termination of parental rights.
976  [(69)] (70) "Protective supervision" means a legal status created by court order, following an
977      adjudication on the ground of abuse, neglect, or dependency, whereby:
978      (a) the minor is permitted to remain in the minor's home; and
979      (b) supervision and assistance to correct the abuse, neglect, or dependency is provided
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 H.B. 372  Enrolled Copy
980by an agency designated by the juvenile court.
981   [(70)] (71)(a) "Related condition" means a condition that:
982(i) is found to be closely related to intellectual disability;
983(ii) results in impairment of general intellectual functioning or adaptive behavior
984similar to that of an intellectually disabled individual;
985(iii) is likely to continue indefinitely; and
986(iv) constitutes a substantial limitation to the individual's ability to function in society.
987(b) "Related condition" does not include mental illness, psychiatric impairment, or
988serious emotional or behavioral disturbance.
989   [(71)] (72)(a) "Residual parental rights and duties" means the rights and duties remaining
990with a parent after legal custody or guardianship, or both, have been vested in another
991person or agency, including:
992(i) the responsibility for support;
993(ii) the right to consent to adoption;
994(iii) the right to determine the child's religious affiliation; and
995(iv) the right to reasonable parent-time unless restricted by the court.
996(b) If no guardian has been appointed, "residual parental rights and duties" includes the
997right to consent to:
998(i) marriage;
999(ii) enlistment; and
1000  (iii) major medical, surgical, or psychiatric treatment.
1001     [(72)] (73) "Runaway" means a child, other than an emancipated child, who willfully leaves
1002  the home of the child's parent or guardian, or the lawfully prescribed residence of the
1003  child, without permission.
1004     [(73)] (74) "Secure care" means placement of a minor, who is committed to the Division of
1005  Juvenile Justice and Youth Services for rehabilitation, in a facility operated by, or under
1006  contract with, the Division of Juvenile Justice and Youth Services, that provides 24-hour
1007  supervision and confinement of the minor.
1008     [(74)] (75) "Secure care facility" means a facility, established in accordance with Section
1009  80-5-503, for juvenile offenders in secure care.
1010     [(75)] (76) "Secure detention" means temporary care of a minor who requires secure custody
1011  in a physically restricting facility operated by, or under contract with, the Division of
1012  Juvenile Justice and Youth Services:
1013  (a) before disposition of an offense that is alleged to have been committed by the minor;
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1014  or
1015        (b) under Section 80-6-704.
1016    [(76)] (77) "Serious youth offender" means an individual who:
1017        (a) is at least 14 years old, but under 25 years old;
1018        (b) committed a felony listed in Subsection 80-6-503(1) and the continuing jurisdiction
1019  of the juvenile court was extended over the individual's case until the individual was
1020  25 years old in accordance with Section 80-6-605; and
1021        (c) is committed by the juvenile court to the Division of Juvenile Justice and Youth
1022  Services for secure care under Sections 80-6-703 and 80-6-705.
1023    [(77)] (78) "Severe abuse" means abuse that causes or threatens to cause serious harm to a
1024        child.
1025    [(78)] (79) "Severe neglect" means neglect that causes or threatens to cause serious harm to
1026        a child.
1027    [(79)] (80)(a) "Severe type of child abuse or neglect" means, except as provided in
1028        Subsection [(79)(b)] (80)(b):
1029  (i) if committed by an individual who is 18 years old or older:
1030  (A) chronic abuse;
1031  (B) severe abuse;
1032  (C) sexual abuse;
1033  (D) sexual exploitation;
1034  (E) abandonment;
1035  (F) chronic neglect; or
1036  (G) severe neglect; or
1037  (ii) if committed by an individual who is under 18 years old:
1038  (A) causing serious injury, as defined in Subsection 76-5-109(1), to another child
1039  that indicates a significant risk to other children; or
1040  (B) sexual behavior with or upon another child that indicates a significant risk to
1041  other children.
1042        (b) "Severe type of child abuse or neglect" does not include:
1043  (i) the use of reasonable and necessary physical restraint by an educator in
1044  accordance with Section 53G-8-301 or Section 76-2-401;
1045  (ii) an individual's conduct that is justified under Section 76-2-401 or constitutes the
1046  use of reasonable and necessary physical restraint or force in self-defense or
1047  otherwise appropriate to the circumstances to obtain possession of a weapon or
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 H.B. 372  Enrolled Copy
1048  other dangerous object in the possession or under the control of a child or to
1049  protect the child or another individual from physical injury; or
1050  (iii) a health care decision made for a child by a child's parent or guardian, unless,
1051  subject to Subsection [(79)(c)] (80)(c), the state or other party to the proceeding
1052  shows, by clear and convincing evidence, that the health care decision is not
1053  reasonable and informed.
1054        (c) Subsection [(79)(b)(iii)] (80)(b)(iii) does not prohibit a parent or guardian from
1055  exercising the right to obtain a second health care opinion.
1056     [(80)] (81)(a) "Sexual abuse" means:
1057  (i) an act or attempted act of sexual intercourse, sodomy, incest, or molestation by an
1058  adult directed towards a child;
1059  (ii) an act or attempted act of sexual intercourse, sodomy, incest, or molestation
1060  committed by a child towards another child if:
1061  (A) there is an indication of force or coercion;
1062  (B) the children are related, as described in Subsection [(40)] (41), including
1063  siblings by marriage while the marriage exists or by adoption; or
1064  (C) the act or attempted act constitutes unlawful sexual activity as described in
1065  Section 76-5-401.3.
1066  (iii) engaging in any conduct with a child that would constitute an offense under any
1067  of the following, regardless of whether the individual who engages in the conduct
1068  is actually charged with, or convicted of, the offense:
1069  (A) Title 76, Chapter 5, Part 4, Sexual Offenses;
1070  (B) child bigamy, Section 76-7-101.5;
1071  (C) incest, Section 76-7-102;
1072  (D) voyeurism, Section 76-12-306;
1073  (E) recorded or photographed voyeurism, Section 76-12-307; or
1074  (F) distribution of images obtained through voyeurism, Section 76-12-308; or
1075  (iv) subjecting a child to participate in or threatening to subject a child to participate
1076  in a sexual relationship, regardless of whether that sexual relationship is part of a
1077  legal or cultural marriage.
1078        (b) "Sexual abuse" does not include engaging in any conduct with a child that would
1079  constitute an offense described in:
1080  (i) Section 76-5-401, unlawful sexual activity with a minor, if the alleged perpetrator
1081  of the offense is a minor; or
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1082  (ii) Section 76-5-417, enticing a minor.
1083    [(81)] (82) "Sexual exploitation" means knowingly:
1084        (a) employing, using, persuading, inducing, enticing, or coercing any child to:
1085  (i) pose in the nude for the purpose of sexual arousal of any individual; or
1086  (ii) engage in any sexual or simulated sexual conduct for the purpose of
1087  photographing, filming, recording, or displaying in any way the sexual or
1088  simulated sexual conduct;
1089        (b) displaying, distributing, possessing for the purpose of distribution, or selling material
1090  depicting a child:
1091  (i) in the nude, for the purpose of sexual arousal of any individual; or
1092  (ii) engaging in sexual or simulated sexual conduct; or
1093        (c) engaging in any conduct that would constitute an offense under Section 76-5b-201,
1094  sexual exploitation of a minor, or Section 76-5b-201.1, aggravated sexual
1095  exploitation of a minor, regardless of whether the individual who engages in the
1096  conduct is actually charged with, or convicted of, the offense.
1097    [(82)] (83) "Shelter" means the temporary care of a child in a physically unrestricted facility
1098        pending a disposition or transfer to another jurisdiction.
1099    [(83)] (84) "Shelter facility" means a nonsecure facility that provides shelter for a minor.
1100    [(84)] (85) "Significant risk" means a risk of harm that is determined to be significant in
1101        accordance with risk assessment tools and rules established by the Division of Child and
1102        Family Services in accordance with Title 63G, Chapter 3, Utah Administrative
1103        Rulemaking Act, that focus on:
1104        (a) age;
1105        (b) social factors;
1106        (c) emotional factors;
1107        (d) sexual factors;
1108        (e) intellectual factors;
1109        (f) family risk factors; and
1110        (g) other related considerations.
1111    [(85)] (86) "Single criminal episode" means the same as that term is defined in Section
1112        76-1-401.
1113    [(86)] (87) "Status offense" means an offense that would not be an offense but for the age of
1114        the offender.
1115    [(87)] (88) "Substance abuse" means, except as provided in Section 80-2-603, the misuse or
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 H.B. 372  Enrolled Copy
1116  excessive use of alcohol or other drugs or substances.
1117     [(88)] (89) "Substantiated" or "substantiation" means a judicial finding based on a
1118  preponderance of the evidence, and separate consideration of each allegation made or
1119  identified in the case, that abuse, neglect, or dependency occurred.
1120     [(89)] (90) "Substitute care" means:
1121  (a) the placement of a minor in a family home, group care facility, or other placement
1122  outside the minor's own home, either at the request of a parent or other responsible
1123  relative, or upon court order, when it is determined that continuation of care in the
1124  minor's own home would be contrary to the minor's welfare;
1125  (b) services provided for a minor in the protective custody of the Division of Child and
1126  Family Services, or a minor in the temporary custody or custody of the Division of
1127  Child and Family Services, as those terms are defined in Section 80-2-102; or
1128  (c) the licensing and supervision of a substitute care facility.
1129     [(90)] (91) "Supported" means a finding by the Division of Child and Family Services based
1130  on the evidence available at the completion of an investigation, and separate
1131  consideration of each allegation made or identified during the investigation, that there is
1132  a reasonable basis to conclude that abuse, neglect, or dependency occurred.
1133     [(91)] (92) "Termination of parental rights" means the permanent elimination of all parental
1134  rights and duties, including residual parental rights and duties, by court order.
1135     [(92)] (93) "Therapist" means:
1136  (a) an individual employed by a state division or agency for the purpose of conducting
1137  psychological treatment and counseling of a minor in the division's or agency's
1138  custody; or
1139  (b) any other individual licensed or approved by the state for the purpose of conducting
1140  psychological treatment and counseling.
1141     [(93)] (94) "Threatened harm" means actions, inactions, or credible verbal threats, indicating
1142  that the child is at an unreasonable risk of harm or neglect.
1143     [(94)] (95) "Torture" means:
1144  (a) the infliction of a serious injury upon a child in an exceptionally cruel or
1145  exceptionally depraved manner that causes the child to experience extreme physical
1146  or psychological pain or anguish; or
1147  (b) the infliction of a serious injury, or more than one serious injury, upon a child as part
1148  of a course of conduct or over a prolonged period of time.
1149     [(95)] (96) "Ungovernable" means a child in conflict with a parent or guardian, and the
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 Enrolled Copy  H.B. 372
1150        conflict:
1151        (a) results in behavior that is beyond the control or ability of the child, or the parent or
1152  guardian, to manage effectively;
1153        (b) poses a threat to the safety or well-being of the child, the child's family, or others; or
1154        (c) results in the situations described in Subsections [(95)(a)] (96)(a) and (b).
1155    [(96)] (97) "Unsubstantiated" means a judicial finding that there is insufficient evidence to
1156        conclude that abuse, neglect, or dependency occurred.
1157    [(97)] (98) "Unsupported" means a finding by the Division of Child and Family Services at
1158        the completion of an investigation, after the day on which the Division of Child and
1159        Family Services concludes the alleged abuse, neglect, or dependency is not without
1160        merit, that there is insufficient evidence to conclude that abuse, neglect, or dependency
1161        occurred.
1162    [(98)] (99) "Validated risk and needs assessment" means an evidence-based tool that
1163        assesses a minor's risk of reoffending and a minor's criminogenic needs.
1164    [(99)] (100) "Without merit" means a finding at the completion of an investigation by the
1165        Division of Child and Family Services, or a judicial finding, that the alleged abuse,
1166        neglect, or dependency did not occur, or that the alleged perpetrator was not responsible
1167        for the abuse, neglect, or dependency.
1168    [(100)] (101) "Youth offender" means an individual who is:
1169        (a) at least 12 years old, but under 21 years old; and
1170        (b) committed by the juvenile court to the Division of Juvenile Justice and Youth
1171  Services for secure care under Sections 80-6-703 and 80-6-705.
1172  Section 11. Section 80-2-102 is amended to read:
1173  80-2-102 . Definitions.
1174    (1) As used in this chapter:
1175        [(1)] (a) "Consult" means an interaction between two persons in which the initiating
1176  person:
1177  [(a)] (i) provides information to another person;
1178  [(b)] (ii) provides the other person an opportunity to respond; and
1179  [(c)] (iii) takes the other person's response, if any, into consideration.
1180        [(2)] (b) "Consumer" means a person who receives services offered by the division in
1181  accordance with this chapter.
1182        [(3)] (c) "Council" means the Child Welfare Improvement Council created in Section
1183  80-2-1101.
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 H.B. 372  Enrolled Copy
1184        [(4)] (d) "Custody," with regard to the division, means the custody of a minor in the
1185  division as of the date of disposition.
1186        [(5)] (e) "Day-care services" means care of a child for a portion of the day which is less
1187  than 24 hours:
1188  [(a)] (i) in the child's own home by a responsible individual; or
1189  [(b)] (ii) outside of the child's home in a:
1190  [(i)] (A) day-care center;
1191  [(ii)] (B) family group home; or
1192  [(iii)] (C) family child care home.
1193        [(6)] (f) "Director" means the director of the division appointed under Section 80-2-202.
1194        [(7)] (g) "Division" means the Division of Child and Family Services created in Section
1195  80-2-201.
1196        [(8)] (h) "Domestic violence" means the same as that term is defined in Section 77-36-1.
1197        [(9)] (i) "Domestic violence services" means:
1198  [(a)] (i) temporary shelter, treatment, and related services provided to:
1199  [(i)] (A) an individual who is a victim of abuse, as defined in Section 78B-7-102;
1200  and
1201  [(ii)] (B) the dependent children of an individual who is a victim of abuse, as
1202  defined in Section 78B-7-102; and
1203  [(b)] (ii) treatment services for an individual who is alleged to have committed, has
1204  been convicted of, or has pled guilty to domestic violence.
1205        [(10)] (j) "Homemaking services" means the care of an individual in the individual's
1206  domicile, and help given to an individual caretaker relative to achieve improved
1207  household and family management through the services of a trained homemaker.
1208        [(11)] (k) "Hormonal transgender treatment" means the same as that term is defined in
1209  Section 58-1-603.
1210        [(12)] (l) "Mutual case" means a case that is:
1211  [(a)] (i) opened by the division under the division's discretion and procedures;
1212  [(b)] (ii) opened by the law enforcement agency with jurisdiction over the case; and
1213  [(c)] (iii) accepted for investigation by a child protection team, as applicable.
1214        [(13)] (m)[(a)] (i) "Person responsible for the child's care" means the child's parent,
1215  guardian, or other person responsible for the child's care.
1216  [(b)] (ii) "Person responsible for the child's care" includes a person responsible for the
1217  child's care in the same home as the child, a relative's home, a group, family, or
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1218  day care facility, a foster care home, or a residential institution.
1219        [(14)] (n) "Primary sex characteristic surgical procedure" means the same as that term is
1220  defined in Section 58-67-102.
1221        [(15)] (o) "Secondary sex characteristic surgical procedure" means the same as that term
1222  is defined in Section 58-67-102.
1223        [(16)] (p) "Shelter care" means the temporary care of a minor in a nonsecure facility.
1224        [(17)] (q) "Sibling" means a child who shares or has shared at least one parent in
1225  common either by blood or adoption.
1226        [(18)] (r) "Sibling visitation" means services provided by the division to facilitate the
1227  interaction between a child in division custody with the child's sibling.
1228        [(19)] (s)[(a)] (i) "Subject of the report" means a person reported under Part 6, Child
1229  Abuse and Neglect Reports.
1230  [(b)] (ii) "Subject of the report" includes the child who is the alleged victim of the
1231  report and the person responsible for the child's care.
1232        [(20)] (t) "Temporary custody" means, with regard to the division, the custody of a child
1233  from the day on which the shelter hearing described in Section 80-3-301 is held until
1234  the day on which the juvenile court enters a disposition under Section 80-3-405.
1235        [(21)] (u) "Transportation services" means travel assistance given to an individual with
1236  escort service, if necessary, to and from community facilities and resources as part of
1237  a service plan.
1238    (2) A determination of a minor's best interest under this chapter shall be made in
1239        accordance with Sections 80-2a-201, 80-4-104, and any other section of this title
1240        consistent with those sections.
1241  Section 12. Section 80-2a-101 is amended to read:
1242  80-2a-101 . Definitions.
1243    (1) "Custody" means the same as that term is defined in Section 80-2-102.
1244    (2) "Division" means the Division of Child and Family Services created in Section 80-2-201.
1245    (3) "Friend" means an adult who:
1246        (a) has an established relationship with the child or a family member of the child; and
1247        (b) is not the parent of the child.
1248    (4) "Nonrelative" means an individual who is not a noncustodial parent or relative.
1249    (5) "Relative" means an adult who:
1250        (a) is the child's grandparent, great grandparent, aunt, great aunt, uncle, great uncle,
1251  brother-in-law, sister-in-law, stepparent, first cousin, stepsibling, or sibling;
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 H.B. 372  Enrolled Copy
1252  (b) is the first cousin of the child's parent;
1253  (c) is a permanent guardian or parent of the child's sibling; or
1254  (d) in the case of a child who is an Indian child, is an extended family member as
1255  defined in the Indian Child Welfare Act, 25 U.S.C. Sec. 1903.
1256     (6) "Sibling" means the same as that term is defined in Section 80-2-102.
1257     (7) "Temporary custody" means the same as that term is defined in Section 80-2-102.
1258     (8) A determination of a minor's best interest under this chapter shall be made in
1259  accordance with Sections 80-2a-201, 80-4-104, and any other section of this title
1260  consistent with those sections.
1261  Section 13. Section 80-3-102 is amended to read:
1262  80-3-102 . Definitions.
1263     (1) As used in this chapter:
1264  [(1)] (a) "Abuse, neglect, or dependency petition" means a petition filed in accordance
1265  with this chapter to commence proceedings in a juvenile court alleging that a child is:
1266  [(a)] (i) abused;
1267  [(b)] (ii) neglected; or
1268  [(c)] (iii) dependent.
1269  [(2)] (b) "Custody" means the same as that term is defined in Section 80-2-102.
1270  [(3)] (c) "Division" means the Division of Child and Family Services created in Section
1271  80-2-201.
1272  [(4)] (d) "Friend" means an adult who:
1273  [(a)] (i) has an established relationship with the child or a family member of the child;
1274  and
1275  [(b)] (ii) is not the parent of the child.
1276  [(5)] (e) "Immediate family member" means a spouse, child, parent, sibling, grandparent,
1277  or grandchild.
1278  [(6)] (f) "Relative" means an adult who:
1279  [(a)] (i) is the child's grandparent, great grandparent, aunt, great aunt, uncle, great
1280  uncle, brother-in-law, sister-in-law, stepparent, first cousin, stepsibling, or sibling;
1281  [(b)] (ii) is a first cousin of the child's parent;
1282  [(c)] (iii) is a permanent guardian or parent of the child's sibling; or
1283  [(d)] (iv) in the case of a child who is an Indian child, is an extended family member
1284  as defined in the Indian Child Welfare Act, 25 U.S.C. Sec. 1903.
1285  [(7)] (g) "Sibling" means the same as that term is defined in Section 80-2-102.
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1286        [(8)] (h) "Sibling visitation" means the same as that term is defined in Section 80-2-102.
1287        [(9)] (i) "Temporary custody" means the same as that term is defined in Section 80-2-102.
1288    (2) A determination of a minor's best interest under this chapter shall be made in
1289        accordance with Sections 80-2a-201, 80-4-104, and any other section of this title
1290        consistent with those sections.
1291  Section 14. Section 80-3-104 is amended to read:
1292  80-3-104 . Individuals entitled to be present at proceedings -- Legal
1293    representation -- Attorney general responsibilities.
1294    (1)(a) A minor who is the subject of a juvenile court hearing, any person entitled to
1295        notice under Section 80-3-201 or 80-3-301, preadoptive parents, foster parents, and
1296        any relative providing care for the minor, are:
1297  (i) entitled to notice of, and to be present at, each hearing and proceeding held under
1298  this chapter, including administrative reviews; and
1299  (ii) have a right to be heard at each hearing and proceeding described in Subsection
1300  (1)(a)(i).
1301        (b) A child's right to be present at a hearing under Subsection (1)(a) is subject to the
1302  discretion of the guardian ad litem appointed under Subsection (3) or the juvenile
1303  court regarding any possible detriment to the child.
1304    (2)(a) The parent or guardian of a minor who is the subject of an abuse, neglect, or
1305        dependency petition has the right to be represented by counsel, and to present
1306        evidence, at each hearing.
1307        (b) If a parent or guardian is the subject of an abuse, neglect, or dependency petition, the
1308  juvenile court shall:
1309  (i) appoint an indigent defense service provider for a parent or guardian determined
1310  to be an indigent individual in accordance with Title 78B, Chapter 22, Part 2,
1311  Appointment of Counsel; and
1312  (ii) order indigent defense services for the parent or guardian who is determined to be
1313  an indigent individual in accordance with Title 78B, Chapter 22, Part 2,
1314  Appointment of Counsel.
1315    (3)(a) In an abuse, neglect, or dependency proceeding under this chapter, the juvenile
1316        court shall order that the child be represented by an attorney guardian ad litem, in
1317        accordance with Section 78A-2-803.
1318        (b) A guardian ad litem appointed under Subsection (3)(a) shall represent the best
1319  interest of the minor, in accordance with the requirements of Section 78A-2-803:
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1320  (i) at the shelter hearing and at all subsequent court and administrative proceedings,
1321  including any proceeding for termination of parental rights in accordance with
1322  Chapter 4, Termination and Restoration of Parental Rights; and
1323  (ii) in other actions initiated under this chapter when appointed by the court under
1324  Section 78A-2-803 or as otherwise provided by law.
1325     (4) Subject to Section 67-5-17 and the attorney general's prosecutorial discretion in civil
1326  enforcement actions, the attorney general shall, in accordance with Section 80-2-303,
1327  enforce this chapter, Chapter 2, Child Welfare Services, and Chapter 2a, Removal and
1328  Protective Custody of a Child, relating to protection or custody of an abused, neglected,
1329  or dependent minor and the termination of parental rights.
1330     (5)(a) The juvenile court shall admit any individual to a hearing under this chapter,
1331  including a hearing under Section 80-3-205, unless the juvenile court makes a finding
1332  upon the record that the individual's presence at the hearing would:
1333  (i) be detrimental to the best interest of a minor who is a party to the proceeding;
1334  (ii) impair the fact-finding process; or
1335  (iii) be otherwise contrary to the interests of justice.
1336  (b) The juvenile court may exclude an individual from a hearing under Subsection (5)(a)
1337  on the juvenile court's own motion or by motion of a party to the proceeding.
1338     (6) A determination of a minor's best interest under this chapter shall be made in
1339  accordance with Sections 80-2a-201, 80-4-104, and any other section of this title
1340  consistent with those sections.
1341  Section 15. Section 80-4-102 is amended to read:
1342  80-4-102 . Definitions.
1343     (1) As used in this chapter:
1344  [(1)] (a) "Division" means the Division of Child and Family Services created in Section
1345  80-2-201.
1346  [(2)] (b) "Failure of parental adjustment" means that a parent or parents are unable or
1347  unwilling within a reasonable time to substantially correct the circumstances,
1348  conduct, or conditions that led to placement of their child outside of their home,
1349  notwithstanding reasonable and appropriate efforts made by the division to return the
1350  child to the home.
1351  [(3)] (c) "Former parent" means an individual whose legal parental rights were
1352  terminated under this chapter.
1353  [(4)] (d) "Petition to restore parental rights" means a petition filed in accordance with this
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1354  chapter to restore the rights of a parent with regard to a child.
1355        [(5)] (e) "Petition for termination of parental rights" means a petition filed in accordance
1356  with this chapter to terminate the parental rights of a parent.
1357        [(6)] (f) "Temporary custody" means the same as that term is defined in Section 80-2-102.
1358    (2) A determination of a minor's best interest under this chapter shall be made in
1359        accordance with Sections 80-2a-201, 80-4-104, and any other section of this title
1360        consistent with those sections.
1361  Section 16. Section 81-13-202 is amended to read:
1362  81-13-202 . Legislative findings -- Best interest of the minor child -- Interests of
1363    each party.
1364    (1)(a) In every adoption of a minor child that, the best interest of the minor child should
1365        govern and be of foremost concern in a court's determination.
1366        (b) A determination of a minor child's best interest shall be made in accordance with
1367  Sections 80-2a-201, 80-4-104, and any other section of this title consistent with those
1368  sections.
1369    (2) The court shall make a specific finding regarding the best interest of the minor child,
1370        taking into consideration information provided to the court [pursuant to] in accordance
1371        with the requirements of this chapter relating to the health, safety, and welfare of the
1372        minor child and the moral climate of the potential adoptive placement.
1373    (3) The Legislature finds that the rights and interests of all parties affected by an adoption
1374        proceeding [must] shall be considered and balanced in determining what constitutional
1375        protections and processes are necessary and appropriate.
1376    (4)(a) The Legislature specifically finds that it is not in a minor child's best interest to be
1377        adopted by a person or persons who are cohabiting in a relationship that is not a
1378        legally valid and binding marriage under the laws of this state.
1379        (b) Nothing in this section limits or prohibits the court's placement of a minor child with
1380  a single adult who is not cohabiting or a person who is a relative of the minor child or
1381  a recognized placement under the Indian Child Welfare Act, 25 U.S.C. Sec. 1901 et
1382  seq.
1383    (5) The Legislature also finds that:
1384        (a) the state has a compelling interest in providing a stable and permanent home for a
1385  child adoptee in a prompt manner, in preventing the disruption of an adoptive
1386  placement, and in holding parents accountable for meeting the needs of a child
1387  adoptee;
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1388  (b) an unmarried birth mother, faced with the responsibility of making crucial decisions
1389  about the future of a newborn child, is entitled to privacy, and has the right to make
1390  timely and appropriate decisions regarding her future and the future of the newborn
1391  child, and is entitled to assurance regarding the permanence of an adoptive placement;
1392  (c) a child adoptee has a right to permanence and stability in an adoptive placement;
1393  (d) adoptive parents have a constitutionally protected liberty and privacy interest in
1394  retaining custody of a child adoptee;
1395  (e) an unmarried biological father has an inchoate interest that acquires constitutional
1396  protection only when the unmarried biological father demonstrates a timely and full
1397  commitment to the responsibilities of parenthood, both during pregnancy and upon
1398  the child adoptee's birth; and
1399  (f) the state has a compelling interest in requiring an unmarried biological father to
1400  demonstrate commitment by providing appropriate medical care and financial
1401  support and by establishing legal parentage in accordance with the requirements of
1402  this chapter.
1403     (6)(a) In enacting this chapter, the Legislature has prescribed the conditions for
1404  determining whether an unmarried biological father's action is sufficiently prompt
1405  and substantial to require constitutional protection.
1406  (b) If an unmarried biological father fails to grasp the opportunities to establish a
1407  relationship with the child adoptee that are available to the unmarried biological
1408  father, the unmarried biological father's parental interest may be lost entirely, or
1409  greatly diminished in constitutional significance by the unmarried biological father's
1410  failure to timely exercise the unmarried biological father's parental interest, or by the
1411  unmarried biological father's failure to strictly comply with the available legal steps
1412  to substantiate the parental interest.
1413  (c)(i) A certain degree of finality is necessary in order to facilitate the state's
1414  compelling interest.
1415  (ii) The Legislature finds that the interests of the state, the birth mother, the child
1416  adoptee, and the adoptive parents described in this section outweigh the interest of
1417  an unmarried biological father who does not timely grasp the opportunity to
1418  establish and demonstrate a relationship with the child adoptee in accordance with
1419  the requirements of this chapter.
1420  (d)(i) The Legislature finds no practical way to remove all risk of fraud or
1421  misrepresentation in adoption proceedings, and has provided a method for
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1422  absolute protection of an unmarried biological father's rights by compliance with
1423  the provisions of this chapter.
1424  (ii) In balancing the rights and interests of the state, and of all parties affected by
1425  fraud, specifically the child adoptee, the adoptive parents, and the unmarried
1426  biological father, the Legislature has determined that the unmarried biological
1427  father is in the best position to prevent or ameliorate the effects of fraud and that,
1428  therefore, the burden of fraud shall be borne by the unmarried biological father.
1429        (e) An unmarried biological father has the primary responsibility to protect the
1430  unmarried biological father's rights.
1431        (f) An unmarried biological father is presumed to know that the child adoptee may be
1432  adopted without the unmarried biological father's consent unless the unmarried
1433  biological father strictly complies with the provisions of this chapter, manifests a
1434  prompt and full commitment to the unmarried biological father's parental
1435  responsibilities, and establishes paternity.
1436    (7) The Legislature finds that an unmarried birth mother has:
1437        (a) a right of privacy with regard to the unmarried birth mother's pregnancy and adoption
1438  plan;
1439        (b) no legal obligation to disclose the identity of an unmarried biological father before or
1440  during an adoption proceeding; and
1441        (c) no obligation to volunteer information to the court with respect to the father.
1442  Section 17. Effective Date.
1443    This bill takes effect on May 6, 2026.
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