SB 257

     Enrolled Copy  S.B. 257
 1  Domestic Relations Amendments
                                            2026 GENERAL SESSION
                                                 STATE OF UTAH
                                          Chief Sponsor: Todd Weiler
                                        House Sponsor: Stephanie Gricius
 2
 3    LONG TITLE
 4    General Description:
 5        This bill amends provisions related to domestic relations.
 6    Highlighted Provisions:
 7        This bill:
 8        ▸ amends definitions for, and the use of, "parent" and "natural parent" throughout the Utah
 9    Code to reflect the definition of a parent-child relationship under Title 81, Chapter 5,
10    Uniform Parentage Act;
11        ▸ creates definitions related to the definition of "parent";
12        ▸ requires the Office of Recovery Services to review the requirements for calculating a
13    minimal child support award for a child support order and to report to the Judiciary
14    Interim Committee regarding the review;
15        ▸ clarifies language regarding the parent-child relationship for purposes of intestate
16    succession;
17        ▸ provides that the district court of each judicial district assign any case or proceeding
18    involving the same child or family to a single judge;
19        ▸ modifies the requirements for a marriage license with regard to parties that are not
20    physically present in the state in the same location as the officiant;
21        ▸ provides that a man is not presumed to be the father of a child in certain circumstances;
22        ▸ addresses the authority of a court to deny a motion for genetic testing, or disregard
23    genetic test results, in a parentage proceeding;
24        ▸ defines terms related to child support;
25        ▸ addresses the inclusion of Social Security Disability Insurance in the calculation of the
26    gross income of a parent for purposes of child support;
27        ▸ modifies the requirements for child care expenses in a child support order, including the
     S.B. 257  Enrolled Copy
28     requirements for a minimal child care award;
29  ▸ provides that the base child support award is automatically adjusted for the remaining
30     children in the child support order when parental rights to a child are terminated for the
31     parent who is obligated to pay child support;
32  ▸ creates a table for the purposes of establishing a minimal child care award for certain
33     child support orders entered or modified on or after January 1, 2027;
34  ▸ clarifies the list of offenses requiring notification when a parent is residing with an
35     individual, or providing an individual with access to the parent's minor child, who has
36     been convicted of an offense;
37  ▸ provides that a court may not require a parent in a custody and parent-time proceeding to
38     disclose the parent's address if the parent relocated due to domestic violence or family
39     violence by the other parent;
40  ▸ addresses the establishment and modification of a parent-time schedule;
41  ▸ clarifies the list of offenses related to when a court may order supervised parent-time;
42  ▸ clarifies, for purposes of modifying custody due to a substantial and material change, the
43     list of offenses for when a parent is residing with an individual, or providing an
44     individual with access to the parent's minor child, and the parent knows that the
45     individual has been convicted of an offense;
46  ▸ addresses a change of custody or parent-time for a minor child who turns five years old;
47  ▸ addresses make-up parent-time when a parent has been denied parent-time due to an
48     investigation by the Division of Child and Family Services;
49  ▸ modifies the parent-time requirements upon the relocation of a parent;
50  ▸ addresses telephone contact and virtual parent-time for a noncustodial parent when a
51     parent relocates;
52  ▸ requires the time periods for extended parent-time by a parent for summer break or
53     off-track time to be consecutive;
54  ▸ modifies the parent-time schedules to address consistency issues;
55  ▸ modifies the parent-time schedules for Mother's Day and Father's Day;
56  ▸ removes Columbus Day and Veterans Day as holidays in the parent-time schedules;
57  ▸ clarifies the list of offenses regarding when a court cannot grant custody to an individual
58     who is convicted, pleads guilty, or pleads no contest to an offense;
59  ▸ makes technical and conforming corrections;
60  ▸ includes a coordination clause to modify a term if this bill and H.B. 30, Human
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61    Trafficking, Exploitation, and Smuggling Amendments, both pass and become law;
62        ▸ includes a coordination clause to address a substantive conflict with the parent-time
63    schedule for Juneteenth National Freedom Day if this bill and H.B. 309, Juneteenth
64    Observance Amendments, both pass and become law; and
65        ▸ includes a coordination clause to address make-up parent-time requirements in H.B. 304,
66    Protective Order Amendments.
67    Money Appropriated in this Bill:
68        None
69    Other Special Clauses:
70        This bill provides coordination clauses.
71    Utah Code Sections Affected:
72    AMENDS:
73        13-76-101, as enacted by Laws of Utah 2025, Chapter 446
74        26B-3-222, as last amended by Laws of Utah 2024, Chapter 247
75        26B-8-301, as renumbered and amended by Laws of Utah 2023, Chapter 306
76        26B-9-104, as last amended by Laws of Utah 2025, Chapter 426
77        53-29-101, as enacted by Laws of Utah 2025, Chapter 291
78        53-29-201, as enacted by Laws of Utah 2025, Chapter 291
79        53-29-202, as enacted by Laws of Utah 2025, Chapter 291
80        53-29-203, as enacted by Laws of Utah 2025, Chapter 291
81        53-29-205, as enacted by Laws of Utah 2025, Chapter 291
82        53-29-307, as renumbered and amended by Laws of Utah 2025, Chapter 291
83        53-29-405, as enacted by Laws of Utah 2025, Chapter 291
84        53-30-101, as last amended by Laws of Utah 2025, First Special Session, Chapter 16
85        53E-1-102, as last amended by Laws of Utah 2025, Chapter 343
86        53E-3-907, as renumbered and amended by Laws of Utah 2018, Chapter 1
87        53E-3-1204, as enacted by Laws of Utah 2025, Chapter 438
88        53H-11-202, as renumbered and amended by Laws of Utah 2025, First Special Session,
89        Chapter 8
90        59-10-1005, as last amended by Laws of Utah 2022, Chapter 456
91        63A-17-806, as last amended by Laws of Utah 2025, Chapter 494
92        75-2-114, as last amended by Laws of Utah 2025, Chapter 426
93        75-2-705, as enacted by Laws of Utah 1998, Chapter 39
94        76-2-409, as enacted by Laws of Utah 2020, Chapter 411
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 95  76-5-301.2, as last amended by Laws of Utah 2025, Chapter 426
 96  76-5-404.1, as last amended by Laws of Utah 2025, Chapters 223, 320
 97  78A-5-103, as renumbered and amended by Laws of Utah 2008, Chapter 3
 98  78A-6-104, as last amended by Laws of Utah 2025, Chapter 426
 99  78B-7-102, as last amended by Laws of Utah 2025, Chapters 212, 332
100  80-1-102, as last amended by Laws of Utah 2025, Chapter 426
101  81-1-101, as last amended by Laws of Utah 2025, Chapter 426
102  81-2-302, as renumbered and amended by Laws of Utah 2024, Chapter 366
103  81-2-303, as renumbered and amended by Laws of Utah 2024, Chapter 366
104  81-2-403, as renumbered and amended by Laws of Utah 2024, Chapter 366
105  81-4-104, as renumbered and amended by Laws of Utah 2024, Chapter 366
106  81-5-102, as renumbered and amended by Laws of Utah 2025, Chapter 426
107  81-5-204, as renumbered and amended by Laws of Utah 2025, Chapter 426
108  81-5-608, as renumbered and amended by Laws of Utah 2025, Chapter 426
109  81-5-609, as renumbered and amended by Laws of Utah 2025, Chapter 426
110  81-5-705, as renumbered and amended by Laws of Utah 2025, Chapter 426
111  81-6-101, as last amended by Laws of Utah 2025, First Special Session, Chapter 11
112  81-6-202, as renumbered and amended by Laws of Utah 2024, Chapter 366
113  81-6-203, as last amended by Laws of Utah 2025, Chapter 86
114  81-6-213, as enacted by Laws of Utah 2024, Chapter 366
115  81-9-202, as last amended by Laws of Utah 2025, Chapter 426
116  81-9-204, as last amended by Laws of Utah 2025, Chapter 426
117  81-9-206, as renumbered and amended by Laws of Utah 2024, Chapter 366
118  81-9-207, as last amended by Laws of Utah 2025, Chapter 284
119  81-9-208, as last amended by Laws of Utah 2025, Chapter 426
120  81-9-209, as last amended by Laws of Utah 2025, Chapter 426
121  81-9-302, as renumbered and amended by Laws of Utah 2024, Chapter 366
122  81-9-303, as last amended by Laws of Utah 2025, Chapter 426
123  81-9-304, as renumbered and amended by Laws of Utah 2024, Chapter 366
124  81-9-402, as last amended by Laws of Utah 2025, Chapter 426
125  81-13-204, as enacted by Laws of Utah 2025, Chapter 426
126  81-13-205, as renumbered and amended by Laws of Utah 2025, Chapter 426
127  81-13-207, as renumbered and amended by Laws of Utah 2025, Chapter 426
128  81-13-212, as renumbered and amended by Laws of Utah 2025, Chapter 426
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129        81-13-213, as renumbered and amended by Laws of Utah 2025, Chapter 426
130    ENACTS:
131        81-6-306, Utah Code Annotated 1953
132    REPEALS AND REENACTS:
133        81-6-209, as last amended by Laws of Utah 2025, Chapter 479
134    REPEALS:
135        81-6-209.5, as enacted by Laws of Utah 2025, Chapter 479
136    Utah Code Sections affected by Coordination Clause:
137        53-29-202 (05/06/26), as enacted by Laws of Utah 2025, Chapter 291
138        53-29-203 (05/06/26), as enacted by Laws of Utah 2025, Chapter 291
139        81-9-208 (05/06/26), as last amended by Laws of Utah 2025, Chapter 426
140        81-9-302 (01/01/27), as as renumbered and amended by Laws of Utah 2024, Chapter 366
141        81-9-303 (01/01/27), as as last amended by Laws of Utah 2025, Chapter 426
142        81-9-304 (01/01/27), as as renumbered and amended by Laws of Utah 2024, Chapter 366
143
144    Be it enacted by the Legislature of the state of Utah:
145  Section 1. Section 13-76-101 is amended to read:
146  13-76-101 . Definitions.
147       As used in this chapter:
148    (1) "Age category" means one of the following categories of individuals based on age:
149        (a) "child" which means an individual who is under 13 years old;
150        (b) "younger teenager" which means an individual who is at least 13 years old and under
151  16 years old;
152        (c) "older teenager" which means an individual who is at least 16 years old and under 18
153  years old; or
154        (d) "adult" which means an individual who is at least 18 years old.
155    (2) "Age category data" means information about a user's age category that is:
156        (a) collected by an app store provider; and
157        (b) shared with a developer.
158    (3) "Age rating" means a classification that provides an assessment of the suitability of an
159        app's content for different age groups.
160    (4) "App" means a software application or electronic service that a user may run or direct
161        on a mobile device.
162    (5) "App store" means a publicly available website, software application, or electronic
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163  service that allows users to download apps from third-party developers onto a mobile
164  device.
165     (6) "App store provider" means a person that owns, operates, or controls an app store that
166  allows users in the state to download apps onto a mobile device.
167     (7) "Content description" means a description of the specific content elements that informed
168  an app's age rating.
169     (8) "Developer" means a person that owns or controls an app made available through an
170  app store in the state.
171     (9) "Division" means the Division of Consumer Protection, established in Section 13-2-1.
172     (10) "Knowingly" means to act with actual knowledge or to act with knowledge fairly
173  inferred based on objective circumstances.
174     (11) "Minor" means an individual under 18 years old.
175     (12) "Minor account" means an account with an app store provider that:
176  (a) is established by an individual who the app store provider has determined is under 18
177  years old through the app store provider's age verification methods; and
178  (b) requires affiliation with a parent account.
179     (13) "Mobile device" means a phone or general purpose tablet that:
180  (a) provides cellular or wireless connectivity;
181  (b) is capable of connecting to the [Internet] internet;
182  (c) runs a mobile operating system; and
183  (d) is capable of running apps through the mobile operating system.
184     (14) "Mobile operating system" means software that:
185  (a) manages mobile device hardware resources;
186  (b) provides common services for mobile device programs;
187  (c) controls memory allocation; and
188  (d) provides interfaces for applications to access device functionality.
189     (15) "Parent" means, with respect to a minor, any of the following individuals who have
190  legal authority to make decisions on behalf of the minor:
191  [(a) an individual with a parent-child relationship under Section 78B-15-201;]
192  (a) an individual who has a parent-child relationship, as defined in Section 81-5-102,
193  with the minor;
194  (b) a legal guardian; or
195  (c) an individual with legal custody.
196     (16) "Parent account" means an account with an app store provider that:
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197        (a) is verified to be established by an individual who the app store provider has
198  determined is at least 18 years old through the app store provider's age verification
199  methods; and
200        (b) may be affiliated with one or more minor accounts.
201    (17) "Parental consent disclosure" means the following information that an app store
202        provider is required to provide to a parent before obtaining parental consent:
203        (a) if the app store provider has an age rating for the app or in-app purchase, the app's or
204  in-app purchase's age rating;
205        (b) if the app store provider has a content description for the app or in-app purchase, the
206  app's or in-app purchase's content description;
207        (c) a description of:
208  (i) the personal data collected by the app from a user; and
209  (ii) the personal data shared by the app with a third party; and
210        (d) if personal data is collected by the app, the methods implemented by the developer to
211  protect the personal data.
212    (18) "Significant change" means a material modification to an app's terms of service or
213        privacy policy that:
214        (a) changes the categories of data collected, stored, or shared;
215        (b) alters the app's age rating or content descriptions;
216        (c) adds new monetization features, including:
217  (i) in-app purchases; or
218  (ii) advertisements; or
219        (d) materially changes the app's:
220  (i) functionality; or
221  (ii) user experience.
222    (19) "Verifiable parental consent" means authorization that:
223        (a) is provided by an individual who the app store provider has verified is an adult;
224        (b) is given after the app store provider has clearly and conspicuously provided the
225  parental consent disclosure to the individual; and
226        (c) requires the parent to make an affirmative choice to:
227  (i) grant consent; or
228  (ii) decline consent.
229  Section 2. Section 26B-3-222 is amended to read:
230  26B-3-222 . Medicaid waiver expansion for extraordinary care reimbursement.
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231     (1) As used in this section:
232  (a) "Existing home and community-based services waiver" means an existing home and
233  community-based services waiver in the state that serves an individual:
234  (i) with an acquired brain injury;
235  (ii) with an intellectual or physical disability; or
236  (iii) who is 65 years old or older.
237  (b) "Guardian" means a person appointed by a court to manage the affairs of a living
238  individual.
239  (c) "Parent" means[ a biological parent, adoptive parent, or step-parent of an individual] :
240  (i) an individual who has a parent-child relationship, as defined in Section 81-5-102,
241  with the other individual; or
242  (ii) a step-parent of the individual.
243  (d) "Personal care services" means a service that:
244  (i) is furnished to an individual who is not an inpatient nor a resident of a hospital,
245  nursing facility, intermediate care facility, or institution for mental diseases;
246  (ii) is authorized for an individual described in Subsection (1)(d)(i) in accordance
247  with a plan of treatment;
248  (iii) is provided by an individual who is qualified to provide the services; and
249  (iv) is furnished in a home or another community-based setting.
250  (e) "Waiver enrollee" means an individual who is enrolled in an existing home and
251  community-based services waiver.
252     (2) Before July 1, 2021, the department shall apply with CMS for an amendment to an
253  existing home and community-based services waiver to implement a program to offer
254  reimbursement to an individual who provides personal care services that constitute
255  extraordinary care to a waiver enrollee who is the individual's spouse.
256     (3) If CMS approves the amendment described in Subsection (2), the department shall
257  implement the program described in Subsection (2).
258     (4) The department shall by rule, made in accordance with Title 63G, Chapter 3, Utah
259  Administrative Rulemaking Act, define "extraordinary care" for purposes of Subsection
260  (2).
261     (5) Before July 1, 2023, the department shall apply with CMS for an amendment to an
262  existing home and community-based services waiver to implement a program to offer
263  reimbursement to an individual who provides personal care services that constitute
264  extraordinary care to a waiver enrollee to whom the individual is a parent or guardian.
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265    (6) If CMS approves the amendment described in Subsection (5), the department shall
266        implement the program described in Subsection (5).
267    (7) The department shall by rule, made in accordance with Title 63G, Chapter 3, Utah
268        Administrative Rulemaking Act, define "extraordinary care" for purposes of Subsection
269        (5).
270  Section 3. Section 26B-8-301 is amended to read:
271  26B-8-301 . Definitions.
272       As used in this part:
273    (1) "Adult" means an individual who is at least 18 years old.
274    (2) "Agent" means an individual:
275        (a) authorized to make health care decisions on the principal's behalf by a power of
276  attorney for health care; or
277        (b) expressly authorized to make an anatomical gift on the principal's behalf by any
278  other record signed by the principal.
279    (3) "Anatomical gift" means a donation of all or part of a human body to take effect after
280        the donor's death for the purpose of transplantation, therapy, research, or education.
281    (4) "Decedent" means:
282        (a) a deceased individual whose body or part is or may be the source of an anatomical
283  gift; and
284        (b) includes:
285  (i) a stillborn infant; and
286  (ii) subject to restrictions imposed by law other than this part, a fetus.
287    (5)(a) "Disinterested witness" means:
288  (i) a witness other than the spouse, child, parent, sibling, grandchild, grandparent, or
289  guardian of the individual who makes, amends, revokes, or refuses to make an
290  anatomical gift; or
291  (ii) another adult who exhibited special care and concern for the individual.
292        (b) "Disinterested witness" does not include a person to which an anatomical gift could
293  pass under Section 26B-8-310.
294    (6)(a) "Document of gift" means a donor card or other record used to make an
295        anatomical gift.[ The term]
296        (b) "Document of gift" includes a statement or symbol on a driver license, identification
297  card, or donor registry.
298    (7) "Donor" means an individual whose body or part is the subject of an anatomical gift.
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299     (8) "Donor registry" means a database that contains records of anatomical gifts and
300  amendments to or revocations of anatomical gifts.
301     (9) "Driver license" means a license or permit issued by the Driver License Division of the
302  Department of Public Safety, to operate a vehicle, whether [or not ]conditions are
303  attached to the license or permit.
304     (10) "Eye bank" means a person that is licensed, accredited, or regulated under federal or
305  state law to engage in the recovery, screening, testing, processing, storage, or
306  distribution of human eyes or portions of human eyes.
307     (11) "Guardian":
308  (a) means a person appointed by a court to make decisions regarding the support, care,
309  education, health, or welfare of an individual; and
310  (b) does not include a guardian ad litem.
311     (12) "Hospital" means a facility licensed as a hospital under the law of any state or a facility
312  operated as a hospital by the United States, a state, or a subdivision of a state.
313     (13) "Identification card" means an identification card issued by the Driver License
314  Division of the Department of Public Safety.
315     (14) "Know" means to have actual knowledge.
316     (15) "Minor" means an individual who is under 18 years[ of age] old.
317     (16) "Organ procurement organization" means a person designated by the Secretary of the
318  United States Department of Health and Human Services as an organ procurement
319  organization.
320     (17) "Parent" means[ a parent whose parental rights have not been terminated.] , with
321  respect to a minor, an individual:
322  (a) who has a parent-child relationship, as defined in Section 81-5-102, with the minor;
323  and
324  (b) whose parental rights have not been terminated.
325     (18)(a) "Part" means an organ, an eye, or tissue of a human being.[ The term]
326  (b) "Part" does not include the whole body.
327     (19) "Person" means an individual, corporation, business trust, estate, trust, partnership,
328  limited liability company, association, joint venture, public corporation, government or
329  governmental subdivision, agency, or instrumentality, or any other legal or commercial
330  entity.
331     (20) "Physician" means an individual authorized to practice medicine or osteopathy under
332  the law of any state.
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333    (21) "Procurement organization" means an eye bank, organ procurement organization, or
334        tissue bank.
335    (22) "Prospective donor":
336        (a) means an individual who is dead or near death and has been determined by a
337  procurement organization to have a part that could be medically suitable for
338  transplantation, therapy, research, or education; and
339        (b) does not include an individual who has made a refusal.
340    (23) "Reasonably available" means able to be contacted by a procurement organization
341        without undue effort and willing and able to act in a timely manner consistent with
342        existing medical criteria necessary for the making of an anatomical gift.
343    (24) "Recipient" means an individual into whose body a decedent's part has been or is
344        intended to be transplanted.
345    (25) "Record" means information that is inscribed on a tangible medium or that is stored in
346        an electronic or other medium and is retrievable in perceivable form.
347    (26) "Refusal" means a record created under Section 26B-8-306 that expressly states an
348        intent to bar other persons from making an anatomical gift of an individual's body or
349        part.
350    (27) "Sign" means, with the present intent to authenticate or adopt a record:
351        (a) to execute or adopt a tangible symbol; or
352        (b) to attach to or logically associate with the record an electronic symbol, sound, or
353  process.
354    (28) "State" means a state of the United States, the District of Columbia, Puerto Rico, the
355        United States Virgin Islands, or any territory or insular possession subject to the
356        jurisdiction of the United States.
357    (29) "Technician":
358        (a) means an individual determined to be qualified to remove or process parts by an
359  appropriate organization that is licensed, accredited, or regulated under federal or
360  state law; and
361        (b) includes an enucleator.
362    (30)(a) "Tissue" means a portion of the human body other than an organ or an eye.
363        (b) [The term] "Tissue" does not include blood unless the blood is donated for the
364  purpose of research or education.
365    (31) "Tissue bank" means a person that is licensed, accredited, or regulated under federal or
366        state law to engage in the recovery, screening, testing, processing, storage, or
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367  distribution of tissue.
368     (32) "Transplant hospital" means a hospital that furnishes organ transplants and other
369  medical and surgical specialty services required for the care of transplant patients.
370  Section 4. Section 26B-9-104 is amended to read:
371  26B-9-104 . Duties of the Office of Recovery Services.
372     (1) The office [has the following duties] shall:
373  (a) except as provided in Subsection (2), [to ]provide child support services if:
374  (i) the office has received an application for child support services;
375  (ii) the state has provided public assistance; or
376  (iii) a child lives out of the home in the protective custody, temporary custody, or
377  custody or care of the state;
378  (b) for the purpose of collecting child support, [to ]carry out the obligations of the
379  department contained in:
380  (i) this chapter;
381  (ii) Title 81, Chapter 5, Uniform Parentage Act;
382  (iii) Title 81, Chapter 6, Child Support;
383  (iv) Title 81, Chapter 7, Payment and Enforcement of Spousal and Child Support; and
384  (v) Title 81, Chapter 8, Uniform Interstate Family Support Act;
385  (c) [to ]collect money due the department which could act to offset expenditures by the
386  state;
387  (d) [to ]cooperate with the federal government in programs designed to recover health
388  and social service funds;
389  (e) [to ]collect civil or criminal assessments, fines, fees, amounts awarded as restitution,
390  and reimbursable expenses owed to the state or any of [its] the state's political
391  subdivisions, if the office has contracted to provide collection services;
392  (f) [to ]implement income withholding for collection of child support in accordance with
393  Part 3, Income Withholding in IV-D Cases;
394  (g) [to ]enter into agreements with financial institutions doing business in the state to
395  develop and operate, in coordination with such financial institutions, a data match
396  system in the manner provided for in Section 26B-9-208;
397  (h) [to ]establish and maintain the state case registry in the manner required by the
398  Social Security Act, 42 U.S.C. Sec. 654a, [which shall include] that includes a record
399  in each case of:
400  (i) the amount of monthly or other periodic support owed under the order, and other
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401  amounts, including arrearages, interest, late payment penalties, or fees, due or
402  overdue under the order;
403  (ii) any amount described in Subsection (1)(h)(i) that has been collected;
404  (iii) the distribution of collected amounts;
405  (iv) the birth date of any child for whom the order requires the provision of support;
406  and
407  (v) the amount of any lien imposed with respect to the order pursuant to this part;
408        (i) [to ]contract with the Department of Workforce Services to establish and maintain the
409  new hire registry created under Section 35A-7-103;
410        (j) [to ]determine whether an individual who has applied for or is receiving cash
411  assistance or Medicaid is cooperating in good faith with the office as required by
412  Section 26B-9-213;
413        (k) [to ]finance any costs incurred from collections, fees, General Fund appropriation,
414  contracts, and federal financial participation;
415        (l) [to ]provide notice to a noncustodial parent in accordance with Section 26B-9-207 of
416  the opportunity to contest the accuracy of allegations by a custodial parent of
417  nonpayment of past-due child support, [prior to] before taking action against a
418  noncustodial parent to collect the alleged past-due support;
419        (m) [to ]review the child support guidelines, as that term is defined in Section 81-6-101,
420  to ensure the application of the guidelines results in the determination of appropriate
421  child support award amounts; [and]
422        (n) review the requirements for calculating a minimal child care award under Title 81,
423  Chapter 6, Child Support, to ensure the application of the requirements results in the
424  determination of appropriate minimal child care awards; and
425        [(n)] (o) [to ]submit to the Judiciary Interim Committee, in accordance with Section
426  68-3-14, a summary of the [review described in Subsection (1)(m) on or before
427  October 1, 2025] reviews described in Subsections (1)(m) and (n) on or before
428  October 1, 2029, and every four years thereafter on or before October 1.
429    (2) The office may not provide child support services to the Division of Child and Family
430        Services for a calendar month when the child to whom the child support services relate
431        is:
432        (a) in the custody of the Division of Child and Family Services; and
433        (b) lives in the home of a custodial parent of the child for more than seven consecutive
434  days, regardless of whether:
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435  (i) the greater than seven consecutive day period starts during one month and ends in
436  the next month; and
437  (ii) the child is living in the home on a trial basis.
438     (3) The Division of Child and Family Services is not entitled to child support, for a child to
439  whom the child support relates, for a calendar month when child support services may
440  not be provided under Subsection (2).
441     (4) To conduct the review described in Subsection (1)(m) or (1)(n), the office may consider
442  input from the Judicial Council, members of the Utah State Bar [Association ]
443  representing attorneys who practice family law, individuals with economic expertise,
444  and other interested parties.
445  Section 5. Section 53-29-101 is amended to read:
446  53-29-101 . Definitions.
447        As used in this chapter:
448     (1) "Bureau" means the Bureau of Criminal Identification of the Department of Public
449  Safety established in Section 53-10-201.
450     (2) "Certificate of eligibility" means the certificate issued by the bureau described in
451  Section 53-29-207.
452     (3) "Child" means an individual who is younger than 18 years old.
453     [(3)] (4) "Child abuse offender" means an individual who meets the requirements under
454  Subsection 53-29-202(2)(a).
455     [(4)] (5)(a) "Convicted" means a plea or conviction of:
456  (i) guilty;
457  (ii) guilty with a mental illness; or
458  (iii) no contest.
459  (b) "Convicted" includes, except as provided in Subsection 53-29-202(4), the period a
460  plea is held in abeyance pursuant to a plea in abeyance agreement as defined in
461  Section 77-2a-1.
462  (c) "Convicted" does not include:
463  (i) a withdrawn or dismissed plea in abeyance;
464  (ii) a diversion agreement; or
465  (iii) an adjudication of a minor for an offense under Section 80-6-701.
466     [(5)] (6) "Division" means the Division of Juvenile Justice and Youth Services.
467     [(6)] (7) "Employed" means employment that is full time or part time, whether financially
468  compensated, volunteered, or for the purpose of government or educational benefit.
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469    [(7)] (8) "Kidnap offender" means an individual who meets the requirements under
470        Subsection 53-29-202(2)(c).
471    [(8)] (9) "Offender" means an individual who qualifies as a sex offender, a kidnap offender,
472        or a child abuse offender as described in Section 53-29-202.
473    [(9)] (10)(a) "Online identifier" means any electronic mail, chat, instant messenger,
474        social networking, or similar name used for [Internet] internet communication.
475        (b) "Online identifier" does not include date of birth, social security number, PIN
476  number, or [Internet] internet passwords.
477    (11)(a) "Parent" means, with respect to a child, an individual who has a parent-child
478        relationship, as defined in Section 81-5-102, with the child.
479        (b) "Parent" includes a noncustodial parent of the child.
480    [(10)] (12) "Primary residence" means the location where an offender regularly resides, even
481        if the offender intends to move to another location or return to another location at a
482        future date.
483    [(11)] (13) "Registrable offense" means an offense described in Subsection 53-29-202(1).
484    [(12)] (14) "Registration website" means the Sex, Kidnap, and Child Abuse Offender
485        Notification and Registration website described in Section 53-29-404.
486    [(13)] (15) "Registry" means the Sex, Kidnap, and Child Abuse Offender Registry
487        maintained by the department and created in Section 53-29-102 to monitor and track
488        offenders.
489    [(14)] (16) "Registry office" means the office within the department that manages the Sex,
490        Kidnap, and Child Abuse Offender Registry.
491    [(15)] (17) "Sex offender" means an individual who meets the requirements under
492        Subsection 53-29-202(2)(b).
493    [(16)] (18) "Vehicle" means a motor vehicle, an aircraft, or a watercraft subject to
494        registration in any jurisdiction.
495  Section 6. Section 53-29-201 is amended to read:
496  53-29-201 . Definitions.
497       As used in this part:
498    (1) "Court" means a state, federal, or military court.
499    (2) "External jurisdiction" means:
500        (a) a state of the United States not including Utah;
501        (b) the United States federal government;
502        (c) Indian country;
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503  (d) a United States territory;
504  (e) the United States military; or
505  (f) Canada, Australia, New Zealand, or the United Kingdom.
506     (3) "Indian country" means:
507  (a) all land within the limits of an Indian reservation under the jurisdiction of the United
508  States government, regardless of the issuance of any patent, and includes
509  rights-of-way running through the reservation;
510  (b) all dependent Indian communities within the borders of the United States whether
511  within the original or subsequently acquired territory, and whether [or not ]within
512  the limits of a state; and
513  (c) all Indian allotments, including the Indian allotments to which the Indian titles have
514  not been extinguished, including rights-of-way running through the allotments.
515     [(4) "Natural parent" means a minor's biological or adoptive parent, including the minor's
516  noncustodial parent.]
517     [(5)] (4) "Traffic offense" does not include a violation of Title 41, Chapter 6a, Part 5,
518  Driving Under the Influence and Reckless Driving.
519  Section 7. Section 53-29-202 is amended to read:
520  53-29-202 . Registrable offenses -- Status as a sex offender, kidnap offender, and
521     child abuse offender established.
522     (1) An individual is an offender described in Subsection (2) and subject to the requirements,
523  restrictions, and penalties described in this chapter if the individual:
524  (a) has been convicted in this state of:
525  (i) aggravated child abuse under Subsection 76-5-109.2(3)(a) or (b);
526  (ii) child torture under Section 76-5-109.4;
527  (iii) a felony or class A misdemeanor violation of enticing a minor under Section
528  76-5-417;
529  (iv) sexual exploitation of a vulnerable adult under Section 76-5b-202;
530  (v) human trafficking for sexual exploitation under Section 76-5-308.1;
531  (vi) human trafficking of a child for sexual exploitation under Subsection
532  76-5-308.5(4)(b);
533  (vii) aggravated human trafficking for sexual exploitation under Section 76-5-310;
534  (viii) human trafficking of a vulnerable adult for sexual exploitation under Section
535  76-5-311;
536  (ix) unlawful sexual activity with a minor under Section 76-5-401, except as provided
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537  in Subsection 76-5-401(3)(b) or (c);
538  (x) sexual abuse of a minor under Section 76-5-401.1, on the individual's first offense
539  unless the individual was younger than 21 years old at the time of the offense then
540  on the individual's second offense;
541  (xi) unlawful sexual conduct with a 16 or 17 year old under Section 76-5-401.2;
542  (xii) rape under Section 76-5-402;
543  (xiii) rape of a child under Section 76-5-402.1;
544  (xiv) object rape under Section 76-5-402.2;
545  (xv) object rape of a child under Section 76-5-402.3;
546  (xvi) a felony violation of forcible sodomy under Section 76-5-403;
547  (xvii) sodomy on a child under Section 76-5-403.1;
548  (xviii) forcible sexual abuse under Section 76-5-404;
549  (xix) sexual abuse of a child under Section 76-5-404.1;
550  (xx) aggravated sexual abuse of a child under Section 76-5-404.3;
551  (xxi) aggravated sexual assault under Section 76-5-405;
552  (xxii) custodial sexual relations under Section 76-5-412, if the victim in custody is
553  younger than 18 years old and the offense is committed on or after May 10, 2011;
554  (xxiii) sexual exploitation of a minor under Section 76-5b-201;
555  (xxiv) aggravated sexual exploitation of a minor under Section 76-5b-201.1;
556  (xxv) sexual extortion or aggravated sexual extortion under Section 76-5b-204;
557  (xxvi) incest under Section 76-7-102;
558  (xxvii) lewdness under Section 76-5-419, if the individual has been convicted of the
559  offense four or more times;
560  (xxviii) sexual battery under Section 76-5-418, if the individual has been convicted of
561  the offense four or more times;
562  (xxix) any combination of convictions of lewdness under Section 76-5-419, and of
563  sexual battery under Section 76-5-418, that total four or more convictions;
564  (xxx) lewdness involving a child under Section 76-5-420;
565  (xxxi) a felony or class A misdemeanor violation of:
566  (A) voyeurism under Section 76-12-306;
567  (B) recorded or photographed voyeurism under Section 76-12-307; or
568  (C) distribution of images obtained through voyeurism under Section 76-12-308;
569  (xxxii) aggravated exploitation of prostitution under Section 76-5d-208;
570  (xxxiii) kidnapping under Subsection 76-5-301(2)(c) or (d), if the offender was not
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571  the [natural ]parent of the child victim;
572  (xxxiv) child kidnapping under Section 76-5-301.1, if the offender was not the [
573  natural ]parent of the child victim;
574  (xxxv) aggravated kidnapping under Section 76-5-302, if the offender was not the [
575  natural ]parent of the child victim;
576  (xxxvi) human trafficking for labor under Section 76-5-308, if the offender was not
577  the [natural ]parent of the child victim;
578  (xxxvii) human smuggling under Section 76-5-308.3, if the offender was not the [
579  natural ]parent of the child victim;
580  (xxxviii) human trafficking of a child for labor under Subsection 76-5-308.5(4)(a), if
581  the offender was not the [natural ]parent of the child victim;
582  (xxxix) aggravated human trafficking for labor under Section 76-5-310, if the
583  offender was not the [natural ]parent of the child victim;
584  (xl) aggravated human smuggling under Section 76-5-310.1, if the offender was not
585  the [natural ]parent of the child victim;
586  (xli) human trafficking of a vulnerable adult for labor under Section 76-5-311, if the
587  offender was not the [natural ]parent of the child victim; or
588  (xlii) attempting, soliciting, or conspiring to commit a felony violation of an offense
589  listed in Subsections (1)(a)(i) through (xl);
590  (b)(i) has been convicted of a criminal offense, or an attempt, solicitation, or
591  conspiracy to commit a criminal offense in an external jurisdiction that is
592  substantially equivalent to the offense listed in Subsection (1)(a); and
593  (ii)(A) is a Utah resident; or
594  (B) is not a Utah resident and is in this state for a total of 10 days in a 12-month
595  period, regardless of whether the individual intends to permanently reside in
596  this state;
597  (c)(i)(A) is required to register on a registry in an external jurisdiction for
598  individuals who have committed an offense listed in Subsection (1)(a) or a
599  substantially equivalent offense;
600  (B) is ordered by a court to register on a registry for individuals who have
601  committed an offense listed in Subsection (1)(a) or a substantially equivalent
602  offense; or
603  (C) would be required to register on a registry in an external jurisdiction for
604  individuals who have committed an offense listed in Subsection (1)(a), or a
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605  substantially equivalent offense, if residing in the external jurisdiction of the
606  conviction regardless of the date of the conviction or a previous registration
607  requirement; and
608  (ii) is in this state for a total of 10 days in a 12-month period, regardless of whether
609  the individual intends to permanently reside in this state;
610        (d)(i)(A) is a nonresident regularly employed or working in this state; or
611  (B) [who ]is a student in this state; and
612  (ii)(A) is convicted of an offense listed in Subsection (1)(a) or a substantially
613  equivalent offense in an external jurisdiction; or
614  (B) is required to register on a sex, kidnap, and child abuse registry, or an
615  equivalent registry, in the individual's state of residence based on a conviction
616  for an offense that is not substantially equivalent to an offense listed in
617  Subsection (1)(a);
618        (e) is found not guilty by reason of insanity in this state or in an external jurisdiction of
619  an offense listed in Subsection (1)(a) or a substantially equivalent offense; or
620        (f)(i) is adjudicated under Section 80-6-701 for one or more offenses listed in
621  Subsection (1)(a); and
622  (ii) has been committed to the division for secure care, as defined in Section 80-1-102,
623  for that offense if:
624  (A) the individual remains in the division's custody until 30 days before the
625  individual's 21st birthday;
626  (B) the juvenile court extended the juvenile court's jurisdiction over the individual
627  under Section 80-6-605 and the individual remains in the division's custody
628  until 30 days before the individual's 25th birthday; or
629  (C) the individual is moved from the division's custody to the custody of the
630  department before expiration of the division's jurisdiction over the individual.
631    (2) Subject to Subsection (3), an individual is:
632        (a) a child abuse offender if the individual:
633  (i) has committed, attempted, solicited, or conspired to commit an offense described
634  in Subsection (1)(a)(i) through (ii); or
635  (ii) meets a requirement described in Subsections (1)(b) through (e) for an offense
636  described in Subsection (1)(a)(i) through (ii) or a substantially equivalent offense;
637        (b) a sex offender if the individual:
638  (i) has committed, attempted, solicited, or conspired to commit an offense described
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639  in Subsections (1)(a)(iii) through (xxxii); or
640  (ii) meets a requirement described in Subsections (1)(b) through (e) for an offense
641  described in Subsections (1)(a)(iii) through (xxxii) or a substantially equivalent
642  offense; or
643  (c) a kidnap offender if the individual:
644  (i) has committed, attempted, solicited, or conspired to commit an offense described
645  in Subsections (1)(a)(xxxiii) through (xli); or
646  (ii) meets a requirement described in Subsections (1)(b) through (e) for an offense
647  described in Subsections (1)(a)(xxxiii) through (xli) or a substantially equivalent
648  offense.
649     (3) An individual who has committed a registrable offense described in Subsection
650  (1)(d)(ii)(B) in an external jurisdiction that is not substantially equivalent to an offense
651  described in Subsection (1)(a) and is required to register on a sex, kidnap, and child
652  abuse registry, or an equivalent registry, in the individual's state of residence is a child
653  abuse offender, sex offender, or kidnap offender based on the individual's status on the
654  registry in the individual's state of residence.
655     (4) Notwithstanding Subsection [53-29-101(4)(a)] 53-29-101(5)(a), a plea of guilty or nolo
656  contendere to a charge of sexual battery or lewdness that is held in abeyance under Title
657  77, Chapter 2a, Pleas in Abeyance, is the equivalent of a conviction even if the charge is
658  subsequently reduced or dismissed in accordance with the plea in abeyance agreement.
659  Section 8. Section 53-29-203 is amended to read:
660  53-29-203 . Registration lengths -- 10 years -- Lifetime.
661     (1) Except as provided in Subsection (2), (3), or (4), an individual who commits a
662  registrable offense is required to register on the registry for:
663  (a) 10 years after the day on which the offender's sentence for the offense has been
664  terminated if the registrable offense is for:
665  (i) a felony or class A misdemeanor violation of enticing a minor under Section
666  76-5-417, if the offender enticed the minor to engage in sexual activity that is one
667  of the offenses described in Subsections (1)(a)(ii) through (xxiv);
668  (ii) aggravated child abuse under Subsection 76-5-109.2(3)(a) or (b);
669  (iii) child torture under Section 76-5-109.4;
670  (iv) kidnapping under Subsection 76-5-301(2)(c) or (d), if the offender was not the [
671  natural ]parent of the child victim;
672  (v) human trafficking for labor under Section 76-5-308, if the offender was not the [
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673  natural ]parent of the child victim;
674  (vi) human smuggling under Section 76-5-308.3, if the offender was not the [natural ]
675  parent of the child victim;
676  (vii) human trafficking of a child for labor under Subsection 76-5-308.5(4)(a), if the
677  offender was not the [natural ]parent of the child victim;
678  (viii) aggravated human trafficking for labor under Section 76-5-310, if the offender
679  was not the [natural ]parent of the child victim;
680  (ix) aggravated human smuggling under Section 76-5-310.1;
681  (x) human trafficking of a vulnerable adult for labor under Section 76-5-311;
682  (xi) a felony violation of unlawful sexual activity with a minor under Section
683  76-5-401;
684  (xii) sexual abuse of a minor under Section 76-5-401.1;
685  (xiii) unlawful sexual conduct with a 16 or 17 year old under Section 76-5-401.2;
686  (xiv) forcible sexual abuse under Section 76-5-404;
687  (xv) custodial sexual relations under Section 76-5-412;
688  (xvi) sexual exploitation of a vulnerable adult under Section 76-5b-202;
689  (xvii) sexual extortion under Subsection 76-5b-204(2)(a);
690  (xviii) incest under Section 76-7-102;
691  (xix) four to seven convictions of lewdness under Section 76-5-419;
692  (xx) four to seven convictions of sexual battery under Section 76-5-418;
693  (xxi) any combination of convictions of lewdness under Section 76-5-419, and of
694  sexual battery under Section 76-5-418, that total four to seven convictions;
695  (xxii) lewdness involving a child under Section 76-5-420;
696  (xxiii) a felony or class A misdemeanor violation of:
697  (A) voyeurism under Section 76-12-306;
698  (B) recorded or photographed voyeurism under Section 76-12-307; or
699  (C) distribution of images obtained through voyeurism under Section 76-12-308;
700  (xxiv) aggravated exploitation of prostitution under Section 76-5d-208, committed on
701  or before May 9, 2011;
702  (xxv) attempting, soliciting, or conspiring to commit an offense listed in
703  Subsections(1)(a)(i) through (xxiv) if the attempt, solicitation, or conspiracy is a
704  registrable offense; or
705  (xxvi) attempting, soliciting, or conspiring to commit:
706  (A) aggravated kidnapping under Section 76-5-302, if the offender was not the [
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707  natural ]parent of the child victim;
708  (B) human trafficking for sexual exploitation under Section 76-5-308.1, if the
709  offender was not the [natural ]parent of the child victim;
710  (C) human trafficking of a child for sexual exploitation under Subsection
711  76-5-308.5(4)(b), if the offender was not the [natural ]parent of the child victim;
712  (D) aggravated human trafficking for sexual exploitation under Section 76-5-310,
713  if the offender was not the [natural ]parent of the child victim;
714  (E) human trafficking of a vulnerable adult for sexual exploitation under Section
715  76-5-311, if the offender was not the [natural ]parent of the child victim;
716  (F) forcible sodomy under Section 76-5-403;
717  (G) sexual abuse of a child under Section 76-5-404.1;
718  (H) sexual exploitation of a minor under Section 76-5b-201;
719  (I) aggravated sexual exploitation of a minor under Section 76-5b-201.1;
720  (J) aggravated sexual extortion under Subsection 76-5b-204(2)(b); or
721  (K) aggravated exploitation of prostitution under Section 76-5d-208, on or after
722  May 10, 2011; or
723  (b) the offender's lifetime if the registrable offense is:
724  (i) a conviction for an offense described in Subsection (1)(a), if the offender has, at
725  the time of conviction for the offense:
726  (A) previously been convicted of an offense described in Subsection (1)(a), or a
727  substantially equivalent offense in an external jurisdiction; or
728  (B) previously been required to register as an offender for an offense described in
729  Subsection (1)(a) committed as a juvenile;
730  (ii) a following offense, including attempting, soliciting, or conspiring to commit a
731  felony violation of:
732  (A) child kidnapping under Section 76-5-301.1, if the offender was not the [
733  natural ]parent of the child victim;
734  (B) rape under Section 76-5-402;
735  (C) rape of a child under Section 76-5-402.1;
736  (D) object rape under Section 76-5-402.2;
737  (E) object rape of a child under Section 76-5-402.3;
738  (F) sodomy on a child under Section 76-5-403.1;
739  (G) aggravated sexual abuse of a child under Section 76-5-404.3; or
740  (H) aggravated sexual assault under Section 76-5-405;
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741  (iii) aggravated kidnapping under Section 76-5-302, if the offender was not the [
742  natural ]parent of the child victim;
743  (iv) human trafficking for sexual exploitation under Section 76-5-308.1, if the
744  offender was not the [natural ]parent of the child victim;
745  (v) human trafficking of a child for sexual exploitation under Subsection
746  76-5-308.5(4)(b), if the offender was not the [natural ]parent of the child victim;
747  (vi) aggravated human trafficking for sexual exploitation under Section 76-5-310, if
748  the offender was not the [natural ]parent of the child victim;
749  (vii) human trafficking of a vulnerable adult for sexual exploitation under Section
750  76-5-311, if the offender was not the [natural ]parent of the child victim;
751  (viii) forcible sodomy under Section 76-5-403;
752  (ix) sexual abuse of a child under Section 76-5-404.1;
753  (x) sexual exploitation of a minor under Section 76-5b-201;
754  (xi) aggravated sexual exploitation of a minor under Section 76-5b-201.1;
755  (xii) aggravated sexual extortion under Subsection 76-5b-204(2)(b);
756  (xiii) aggravated exploitation of prostitution under Section 76-5d-208, on or after
757  May 10, 2011; or
758  (xiv) a felony violation of enticing a minor under Section 76-5-417, if the offender
759  enticed the minor to engage in sexual activity that is one of the offenses described
760  in Subsections (1)(b)(ii) through (xiii).
761    (2) An individual who qualifies as an offender based on a conviction in an external
762        jurisdiction for a registrable offense, or a substantially equivalent offense, and is on an
763        external jurisdiction's sex, kidnap, and child abuse registry, or an equivalent registry, is
764        required to register on the registry for the time period required by the external
765        jurisdiction.
766    (3)(a) If the sentencing court at any time after an offender is convicted of an offense
767        requiring lifetime registration described in Subsection (1)(b), and after considering
768        the factors described in Subsection (3)(b), determines that the offender was under 21
769        years old at the time the offense was committed and the offense did not involve force
770        or coercion, the requirement that the offender register for the offender's lifetime does
771        not apply and the offender shall register for 10 years after the day on which the
772        offender's sentence for the offense has been terminated.
773        (b) In determining whether an offense committed by an offender involves force or
774  coercion under Subsection (3)(a), the sentencing court shall consider:
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775  (i) the age of the victim;
776  (ii) the vulnerability of the victim;
777  (iii) the physical, mental, psychological, or emotional harm the victim suffered from
778  the offense;
779  (iv) whether the offender used fraud or deception to commit the offense;
780  (v) if any child sexual abuse material, as that term is defined in Section 76-5b-103,
781  was:
782  (A) distributed to the victim by the offender; or
783  (B) distributed, produced, or possessed by the offender at the time of the offense,
784  that involved force or coercion against a victim depicted in the child sexual
785  abuse material; and
786  (vi) any other factor the sentencing court determines is relevant.
787     (4) Except for an individual who is adjudicated for a registrable offense and is an offender
788  who meets the requirements under Subsection 53-29-202(1)(f), an individual who is
789  under 18 years old and commits a registrable offense after May 3, 2023, is not subject to
790  registration requirements under this chapter unless the offender:
791  (a) is charged by criminal information in juvenile court under Section 80-6-503;
792  (b) is bound over to district court in accordance with Section 80-6-504; and
793  (c) is convicted of a registrable offense.
794     (5) An offender subject to the 10-year or lifetime registration requirements under
795  Subsection (1) may petition the court for an order of removal from the registry in
796  accordance with Section 53-29-204, 53-29-205, or 53-29-206.
797  Section 9. Section 53-29-205 is amended to read:
798  53-29-205 . Ten-year petition for removal from registry -- Eligibility.
799     (1) An offender who is required to register on the registry for a registrable offense
800  described in Subsection (3) subject to a 10-year registration period as described in
801  Section 53-29-203 is eligible to petition the court under Section 53-29-207 for an order
802  of removal from the registry at a 10-year after entrance into the community period
803  described in Subsection (2) if:
804  (a) the offender has not been convicted of another offense that is a class A misdemeanor,
805  felony, or capital felony within the most recent 10-year period after the date
806  described in Subsection (2), as evidenced by a certificate of eligibility issued by the
807  bureau;
808  (b) the offender successfully completed all treatment ordered by the court or the Board
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809  of Pardons and Parole relating to the offense; and
810        (c) the offender has paid all restitution ordered by the court or the Board of Pardons and
811  Parole relating to the offense.
812    (2) An offender who qualifies under Subsection (1) may petition the court under Section
813        53-29-207 for an order of removal from the registry if 10 years have passed after the
814        later of the following events in which the offender entered into the community:
815        (a) the day on which the offender was placed on probation;
816        (b) the day on which the offender was released from incarceration to parole;
817        (c) the day on which the offender's sentence was terminated without parole;
818        (d) the day on which the offender entered a community-based residential program; or
819        (e) for a minor, as defined in Section 80-1-102, the day on which the division's custody
820  of the offender was terminated.
821    (3) The offenses that qualify for a 10-year petition for an order of removal from the registry
822        referenced in Subsection (1) are:
823        (a) a felony violation of enticing a minor under Section 76-5-417, if the offender enticed
824  the minor to engage in sexual activity that is one of the offenses described in
825  Subsections (3)(b) through (v);
826        (b) aggravated child abuse under Subsection 76-5-109.2(3)(a) or (b);
827        (c) child torture under Section 76-5-109.4;
828        (d) human trafficking for labor under Section 76-5-308;
829        (e) human smuggling under Section 76-5-308.3;
830        (f) human trafficking of a child for labor under Subsection 76-5-308.5(4)(a);
831        (g) aggravated human trafficking for labor under Section 76-5-310;
832        (h) aggravated human smuggling under Section 76-5-310.1;
833        (i) human trafficking of a vulnerable adult for labor under Section 76-5-311;
834        (j) a felony violation of unlawful sexual activity with a minor under Section 76-5-401, if,
835  at the time of the offense, the offender is more than 10 years older than the victim;
836        (k) sexual abuse of a minor under Section 76-5-401.1, if, at the time of the offense, the
837  offender is more than 10 years older than the victim;
838        (l) unlawful sexual conduct with a 16 or 17 year old under Section 76-5-401.2, if, at the
839  time of the offense, the offender is more than 15 years older than the victim;
840        (m) forcible sexual abuse under Section 76-5-404;
841        (n) custodial sexual relations under Section 76-5-412, if the victim in custody is younger
842  than 18 years old and the offense is committed on or after May 10, 2011;
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843  (o) sexual exploitation of a vulnerable adult under Section 76-5b-202;
844  (p) sexual extortion under Subsection 76-5b-204(2)(a);
845  (q) incest under Section 76-7-102;
846  (r) four or more convictions of lewdness under Section 76-5-419;
847  (s) four or more convictions of sexual battery under Section 76-5-418;
848  (t) any combination of convictions of lewdness under Section 76-5-419, and of sexual
849  battery under Section 76-5-418, that total four or more convictions;
850  (u) lewdness involving a child under Section 76-5-420;
851  (v) a felony violation of:
852  (i) recorded or photographed voyeurism under Section 76-12-307; or
853  (ii) distribution of images obtained through voyeurism under Section 76-12-308;
854  (w) aggravated exploitation of prostitution under Section 76-5d-208, committed on or
855  before May 9, 2011;
856  (x) attempting, soliciting, or conspiring to commit an offense listed in Subsections (3)(a)
857  through (v) if the attempt, solicitation, or conspiracy is a registrable offense;
858  (y) attempting, soliciting, or conspiring to commit:
859  (i) human trafficking for sexual exploitation under Section 76-5-308.1;
860  (ii) human trafficking of a child for sexual exploitation under Subsection
861  76-5-308.5(4)(b);
862  (iii) aggravated human trafficking for sexual exploitation under Section 76-5-310;
863  (iv) human trafficking of a vulnerable adult for sexual exploitation under Section
864  76-5-311;
865  (v) aggravated kidnapping under Section 76-5-302, except if the offender is a [natural ]
866  parent of the victim;
867  (vi) forcible sodomy under Section 76-5-403;
868  (vii) sexual abuse of a child under Section 76-5-404.1;
869  (viii) sexual exploitation of a minor under Section 76-5b-201;
870  (ix) aggravated sexual exploitation of a minor under Section 76-5b-201.1;
871  (x) aggravated sexual extortion under Subsection 76-5b-204(2)(b); or
872  (xi) aggravated exploitation of prostitution under Section 76-5d-208, on or after May
873  10, 2011; or
874  (z) an offense described in Subsection 53-29-203(1)(b) that would otherwise be subject
875  to a 20-year petition for removal as described in Section 53-29-206, if:
876  (i) the sentencing court determines that the offender was under 21 years old at the
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877  time the offense was committed; and
878  (ii) the offense did not involve force or coercion as described in Subsection
879  53-29-203(3).
880    (4) An individual who is as an offender under Section 53-29-202 based on a conviction in
881        an external jurisdiction for a registrable offense, or a substantially equivalent offense,
882        and is required to register on the external jurisdiction's sex, kidnap, or child abuse
883        offender registry, or an equivalent registry, may petition for removal from the registry in
884        accordance with the requirements of this section if the individual:
885        (a) does not have a lifetime registration requirement on the external jurisdiction's sex,
886  kidnap, or child abuse offender registry, or an equivalent registry;
887        (b) meets the requirements described in Subsections (1)(a) through (c);
888        (c) has resided in this state for at least 183 days in a year for two consecutive years;
889        (d) intends to primarily reside in this state; and
890        (e) has received an order from a court in the external jurisdiction where the offender was
891  initially required to register on a sex, kidnap, and child abuse registry, or an
892  equivalent registry, that authorizes the offender to be removed from the Sex, Kidnap,
893  and Child Abuse Offender Registry.
894  Section 10. Section 53-29-307 is amended to read:
895  53-29-307 . Sex offender in presence of a child -- Definitions -- Penalties.
896    (1) As used in this section:
897        (a) "Accompany" means:
898  (i) to be in the presence of an individual; and
899  (ii) to move or travel with that individual from one location to another, whether
900  outdoors, indoors, or in or on any type of vehicle.
901        (b) "Child" means an individual younger than 14 years old.
902    (2) A sex offender subject to registration in accordance with this chapter, for a registrable
903        offense committed or attempted to be committed against a child younger than 14 years
904        old is guilty of a class A misdemeanor if the sex offender requests, invites, or solicits a
905        child to accompany the sex offender, under circumstances that do not constitute an
906        attempt to violate Section 76-5-301.1, child kidnapping, unless:
907        (a)(i) the sex offender, [prior to] before accompanying the child:
908  (A) verbally advises the child's parent or legal guardian that the sex offender is on
909  the state sex offender registry and is required by state law to obtain written
910  permission in order for the sex offender to accompany the child; and
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911  (B) requests that the child's parent or legal guardian provide written authorization
912  for the sex offender to accompany the child, including the specific dates and
913  locations;
914  (ii) the child's parent or legal guardian has provided to the sex offender written
915  authorization, including the specific dates and locations, for the sex offender to
916  accompany the child; and
917  (iii) the sex offender has possession of the written authorization and is accompanying
918  the child only at the dates and locations specified in the authorization;
919  (b) the child's parent or guardian has verbally authorized the sex offender to accompany
920  the child either in the child's residence or on property appurtenant to the child's
921  residence, but in no other locations; or
922  (c) the child is the [natural ]child of the sex offender, and the offender is not prohibited
923  by any court order, or probation or parole provision, from contact with the child.
924     (3)(a) A sex offender convicted of a violation of Subsection (2) is subject to registration
925  in accordance with this chapter, for an additional five years [subsequent to] after the
926  required registration described in Section 53-29-203.
927  (b) The period of additional registration imposed under Subsection (3)(a) is also in
928  addition to any period of registration imposed under Subsection 53-29-305(3) for
929  failure to comply with registration requirements.
930     (4) It is not a defense to a prosecution under this section that the defendant mistakenly
931  believed the individual to be 14 years old or older at the time of the offense or was
932  unaware of the individual's true age.
933     (5) This section does not apply if a sex offender is acting to rescue a child who is in an
934  emergency and life-threatening situation.
935  Section 11. Section 53-29-405 is amended to read:
936  53-29-405 . Removal for offenses or convictions for which registration is no
937     longer required.
938     (1) The department shall automatically remove an individual who is currently on the
939  registry if:
940  (a) the only offense or offenses for which the individual is on the registry are listed in
941  Subsection (2); or
942  (b) the department receives a formal notification or order from the court or the Board of
943  Pardons and Parole that the conviction for the registrable offense for which the
944  individual is on the registry has been reversed, vacated, or pardoned.
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945    (2) The offenses described in Subsection (1)(a) are:
946        (a) a class B or class C misdemeanor for enticing a minor under Section 76-5-417;
947        (b) kidnapping under Subsection 76-5-301(2)(a) or (b);
948        (c) child kidnapping under Section 76-5-301.1, if the offender was the [natural ]parent of
949  the child victim;
950        (d) unlawful detention under Section 76-5-304;
951        (e) a third degree felony for unlawful sexual intercourse before 1986, or a class B
952  misdemeanor for unlawful sexual intercourse, under Section 76-5-401; or
953        (f) sodomy, but not forcible sodomy, under Section 76-5-403.
954    (3) The department shall notify an individual who has been removed from the registry in
955        accordance with Subsection (1) and inform the individual in the notice that the
956        individual is no longer required to register as an offender.
957    (4) An individual who is currently on the registry may submit a request to the department to
958        be removed from the registry if the individual believes that the individual qualifies for
959        removal under Subsection (1).
960    (5) The department, upon receipt of a request for removal from the registry in accordance
961        with this section, shall:
962        (a) check the registry for the individual's current status;
963        (b) determine whether the individual qualifies for removal based upon this section; and
964        (c) notify the individual in writing of the department's determination and whether the
965  individual:
966  (i) qualifies for removal from the registry; or
967  (ii) does not qualify for removal.
968    (6) If the department determines that the individual qualifies for removal from the registry,
969        the department shall remove the offender from the registry.
970    (7)(a) If the department determines that the individual does not qualify for removal from
971        the registry, the department shall provide an explanation in writing for the
972        department's determination.
973        (b) The department's determination under Subsection (7)(a) is final and not subject to
974  administrative review.
975    (8) The department or an employee of the department is not civilly liable for a
976        determination made in good faith in accordance with this section.
977    (9)(a) The department shall provide a response to a request for removal within 30 days
978        after the day on which the department receives the request.
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 979  (b) If the response under Subsection (9)(a) cannot be provided within 30 days after the
 980  day on which the department receives the request, the department shall notify the
 981  individual that the response may be delayed up to 30 additional days.
 982  Section 12. Section 53-30-101 is amended to read:
 983  53-30-101 . Definitions.
 984        As used in this chapter:
 985     (1) "Applicant" means an individual who submits an application for certification.
 986     (2) "Application for certification" means an application described in Subsection [
 987  53-29-201(1)] 53-30-201(1).
 988     (3) "Certifying officer" means the commissioner or an individual the commissioner
 989  designates to certify an application for certification.
 990     (4) "Credible threat" means a threat to cause death or serious bodily injury that a state or
 991  federal law enforcement agency has confirmed to be authentic.
 992     (5) "Easement holder" means the same as that term is defined in Section 57-13c-101.
 993     (6) "Improvement" means the same as that term is defined in Section 78B-2-225.
 994     (7) "Land use authority" means:
 995  (a) with respect to protected property located within a municipality, the same as that
 996  term is defined in Section 10-20-102; or
 997  (b) with respect to protected property located within an unincorporated area of a county,
 998  the same as that term is defined in Section 17-79-102.
 999     (8) "Protected person" means an individual who:
1000  (a) within the four years preceding the day on which the individual submits an
1001  application for certification:
1002  (i) received a credible threat; or
1003  (ii) was physically harmed; and
1004  (b) is at risk of serious bodily injury or death caused by:
1005  (i) the individual who made the credible threat described in Subsection (8)(a)(i) or
1006  caused the physical harm described in Subsection (8)(a)(ii); or
1007  (ii) an individual affiliated with the individual who made the credible threat described
1008  in Subsection (8)(a)(i) or caused the physical harm described in Subsection
1009  (8)(a)(ii).
1010     (9) "Protected property" means real property that is owned or occupied by a protected
1011  person.
1012     (10) "Protection certificate" means a written determination described in Subsection [
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1013        53-29-201(4)] 53-30-201(4).
1014    (11)(a) "Security improvement" means an improvement that:
1015  (i) is intended to provide protection for a protected person, or a protected person's
1016  immediate family member living at the same residence as the protected person,
1017  from the risk of death or serious bodily injury caused by an individual who made a
1018  credible threat or caused physical harm to the protected person;
1019  (ii) is constructed within the boundaries of protected property; and
1020  (iii) does not interfere with another property owner's property right.
1021        (b) "Security improvement" includes an improvement described in Subsection (11)(a)
1022  that provides safe egress from, or safety within, the protected property, including an
1023  underground improvement or an improvement that runs below an easement if the
1024  improvement does not damage or interfere with the purpose or use of the easement.
1025  Section 13. Section 53E-1-102 is amended to read:
1026  53E-1-102 . Public education code definitions.
1027       Unless otherwise indicated, as used in this title, Title 53F, Public Education System --
1028    Funding, and Title 53G, Public Education System -- Local Administration:
1029    (1) "Bullying" means the same as that term is defined in Section 53G-9-601.
1030    (2) "Charter agreement" means an agreement made in accordance with Section 53G-5-303
1031        that authorizes the operation of a charter school.
1032    (3) "Charter school governing board" means the board that governs a charter school.
1033    (4) "Custodial parent" means the same as that term is defined in Section 81-1-101.
1034    [(4)] (5) "District school" means a public school under the control of a local school board.
1035    [(5)] (6) "Individualized education program" or "IEP" means a written statement for a
1036        student with a disability that is developed, reviewed, and revised in accordance with the
1037        Individuals with Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq.
1038    [(6)] (7) "LEA governing board" means:
1039        (a) for a school district, the local school board;
1040        (b) for a charter school, the charter school governing board; or
1041        (c) for the Utah Schools for the Deaf and the Blind, the state board.
1042    [(7)] (8) "Local education agency" or "LEA" means:
1043        (a) a school district;
1044        (b) a charter school; or
1045        (c) the Utah Schools for the Deaf and the Blind.
1046    [(8)] (9) "Local school board" means a board elected under Title 20A, Chapter 14, Part 2,
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1047  Election of Members of Local Boards of Education.
1048     [(9)] (10) "Minimum School Program" means the same as that term is defined in Section
1049  53F-2-102.
1050     [(10) "Parent" means a parent or legal guardian.]
1051     (11) "Noncustodial parent" means the same as that term is defined in Section 81-1-101.
1052     (12) "Parent" means:
1053  (a) an individual who has a parent-child relationship as defined in Section 81-5-102; or
1054  (b) a legal guardian.
1055     [(11)] (13) "Public education code" means:
1056  (a) this title;
1057  (b) Title 53F, Public Education System -- Funding; and
1058  (c) Title 53G, Public Education System -- Local Administration.
1059     [(12)] (14) "Section 504 accommodation plan" means a plan developed in accordance with
1060  Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. Sec. 701 et seq., for a student
1061  with a disability, to meet the student's educational needs and ensure equitable access to a
1062  free appropriate public education.
1063     [(13)] (15) "School nurse" means a registered nurse:
1064  (a) who holds:
1065  (i) a license under Title 58, Chapter 31b, Nurse Practice Act; or
1066  (ii) a multistate license as that term is defined in Section 58-31e-102; and
1067  (b) whose primary role is the care of a defined group of students enrolled in the public
1068  school system.
1069     [(14)] (16) "State board" means the State Board of Education.
1070     [(15)] (17) "State superintendent" means the state superintendent of public instruction
1071  appointed under Section 53E-3-301.
1072  Section 14. Section 53E-3-907 is amended to read:
1073  53E-3-907 . Article VI -- Eligibility -- Enrollment -- Extracurricular activities.
1074     (1) Special power of attorney, relative to the guardianship of a child of a military family
1075  and executed under applicable law, shall be sufficient for the purposes of enrollment and
1076  all other actions requiring parental participation and consent.
1077     (2) A local education agency shall be prohibited from charging local tuition to a
1078  transitioning military child placed in the care of a [non-custodial] noncustodial parent or
1079  other person standing in loco parentis who lives in a jurisdiction other than that of the
1080  custodial parent.
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1081    (3) A transitioning military child, placed in the care of a [non-custodial] noncustodial parent
1082        or other person standing in loco parentis who lives in a jurisdiction other than that of the
1083        custodial parent, may continue to attend the school in which the student was enrolled
1084        while residing with the custodial parent.
1085    (4) State and local education agencies shall facilitate the opportunity for transitioning
1086        military children's inclusion in extracurricular activities, regardless of application
1087        deadlines, to the extent they are otherwise qualified.
1088  Section 15. Section 53E-3-1204 is amended to read:
1089  53E-3-1204 . Parental consent -- Tuition.
1090    (1) Power of attorney lawfully executed under [Title 75, Chapter 9, Uniform Power of
1091        Attorney Act] Title 75A, Chapter 2, Uniform Power of Attorney Act, is sufficient for the
1092        purposes of enrollment and other actions requiring parental participation or consent.
1093    (2) An LEA may not charge local tuition to a transferring student placed in the care of a [
1094        non-custodial] noncustodial parent or other individual standing in loco parentis who lives
1095        in a jurisdiction other than that of the custodial parent.
1096    (3) A transferring student, placed in the care of a [non-custodial] noncustodial parent or
1097        other individual standing in loco parentis who lives in a jurisdiction other than that of
1098        the custodial parent, may continue to attend the school in which the student was enrolled
1099        while residing with the custodial parent.
1100  Section 16. Section 53H-11-202 is amended to read:
1101  53H-11-202 . Resident student status -- Definitions -- Exceptions.
1102    (1) As used in this section:
1103        (a) "DOD civilian" means an employee of the United States Department of Defense who
1104  is assigned to perform the employee's duties at a military organization based in Utah.
1105        (b) "Eligible person" means an individual who is entitled to post-secondary educational
1106  benefits under [Title 38, Veterans' Benefits, U.S.C] Veterans' Benefits, 38 U.S.C. Sec.
1107  101 et seq.
1108        (c) "Immediate family member" means an individual's spouse or dependent child.
1109        (d) "Inmate" means the same as that term is defined in Section 64-13-1.
1110        (e) "Military service member" means an individual who:
1111  (i) is serving on active duty in the United States Armed Forces;
1112  (ii) is a member of a reserve component of the United States Armed Forces; or
1113  (iii) is a member of the National Guard.
1114        (f) "Military veteran" means a veteran as that term is defined in Section 68-3-12.5.
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1115  (g) "National Guard" means the same as that term is defined in Section 39A-1-102.
1116  (h) "Parent" means[ a student's biological or adoptive parent] , with respect to a student,
1117  an individual who has a parent-child relationship, as defined in Section 81-5-102,
1118  with the student.
1119     (2) The meaning of "resident student" is determined by reference to the general law on the
1120  subject of domicile, except as provided in this section.
1121     (3)(a) Institutions may grant resident student status to any student who has come to Utah
1122  and established residency for the purpose of attending an institution of higher
1123  education, and who, prior to registration as a resident student:
1124  (i) has maintained continuous Utah residency status for one full year;
1125  (ii) has signed a written declaration that the student has relinquished residency in any
1126  other state; and
1127  (iii) has submitted objective evidence that the student has taken overt steps to
1128  establish permanent residency in Utah and that the student does not maintain a
1129  residence elsewhere.
1130  (b) Evidence to satisfy the requirements under Subsection (3)(a)(iii) includes:
1131  (i) a Utah high school transcript issued in the past year confirming attendance at a
1132  Utah high school in the past 12 months;
1133  (ii) a Utah voter registration dated a reasonable period prior to application;
1134  (iii) a Utah driver license or identification card with an original date of issue or a
1135  renewal date several months prior to application;
1136  (iv) a Utah vehicle registration dated a reasonable period prior to application;
1137  (v) evidence of employment in Utah for a reasonable period prior to application;
1138  (vi) proof of payment of Utah resident income taxes for the previous year;
1139  (vii) a rental agreement showing the student's name and Utah address for at least 12
1140  months prior to application; and
1141  (viii) utility bills showing the student's name and Utah address for at least 12 months
1142  prior to application.
1143  (c) A student who is claimed as a dependent on the tax returns of a person who is not a
1144  resident of Utah is not eligible to apply for resident student status.
1145     (4) Except as provided in Subsection (8), an institution within the state system of higher
1146  education may establish stricter criteria for determining resident student status.
1147     (5) If an institution does not have a minimum credit-hour requirement, that institution shall
1148  honor the decision of another institution within the state system of higher education to
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1149        grant a student resident student status, unless:
1150        (a) the student obtained resident student status under false pretenses; or
1151        (b) the facts existing at the time of the granting of resident student status have changed.
1152    (6) Within the limits established in this chapter, each institution within the state system of
1153        higher education may, regardless of its policy on obtaining resident student status, waive
1154        nonresident tuition either in whole or in part, but not other fees.
1155    (7) In addition to the waivers of nonresident tuition under Subsection (6), each institution
1156        may, as athletic scholarships, grant full waiver of fees and nonresident tuition, up to the
1157        maximum number allowed by the appropriate athletic conference as recommended by
1158        the president of each institution.
1159    (8) Notwithstanding Subsection (3), an institution shall grant resident student status for
1160        tuition purposes to:
1161        (a) a military service member, if the military service member provides:
1162  (i) the military service member's current United States military identification card;
1163  (ii) a leave and earning statement of the military service member;
1164  (iii) the military service member's military orders;
1165  (iv) documentation of enlistment by the military service member; or
1166  (v) a statement from the military service member's current commander stating that
1167  the military service member is currently serving in the military;
1168        (b) a military service member's immediate family member, if the military service
1169  member's immediate family member provides:
1170  (i) any of the documentation described in Subsection (8)(a); or
1171  (ii) the immediate family member's current United States military identification card;
1172        (c) a military veteran, regardless of whether the military veteran served in Utah, if the
1173  military veteran provides evidence of an honorable or general discharge;
1174        (d) a military veteran's immediate family member, regardless of whether the military
1175  veteran served in Utah, if the military veteran's immediate family member provides
1176  evidence of the military veteran's honorable or general discharge;
1177        (e) a foreign service member as defined in the Foreign Service Family Act of 2021 who
1178  is either:
1179  (i) domiciled in Utah, recognizing the individual may not be physically present in the
1180  state due to an assignment; or
1181  (ii) assigned to a duty station in Utah if the foreign service member provides:
1182  (A) evidence of the foreign service member's status;
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1183  (B) a statement from the foreign service member's current commander, or
1184  equivalent, stating that the foreign service member is assigned in Utah; or
1185  (C) evidence that the foreign service member is domiciled in Utah;
1186  (f) a foreign service member's immediate family member if the foreign service member
1187  is either:
1188  (i) domiciled in Utah, recognizing the individual may not be physically present in the
1189  state due to an assignment; or
1190  (ii) assigned to a duty station in Utah if the foreign service member provides:
1191  (A) evidence of the foreign service member's status;
1192  (B) a statement from the foreign service member's current commander, or
1193  equivalent, stating that the foreign service member is assigned in Utah; or
1194  (C) evidence that the foreign service member is domiciled in Utah;
1195  (g) an eligible person who provides:
1196  (i) evidence of eligibility under [Title 38, Veterans' Benefits, U.S.C.] Veterans'
1197  Benefits, 38 U.S.C. Sec. 101 et seq; and
1198  (ii) a signed written declaration that the eligible person will use the veteran benefits
1199  under [Title 38 U.S.C.] Veterans' Benefits, 38 U.S.C. Sec. 101 et seq;
1200  (h) an alien who provides:
1201  (i) evidence that the alien is a special immigrant visa recipient;
1202  (ii) evidence that the alien has been granted refugee status, humanitarian parole,
1203  temporary protected status, or asylum; or
1204  (iii) evidence that the alien has submitted in good faith an application for refugee
1205  status, humanitarian parole, temporary protected status, or asylum under United
1206  States immigration law;
1207  (i) an inmate:
1208  (i) during the time the inmate is enrolled in the course; and
1209  (ii) for one year after the day on which the inmate is released from a correctional
1210  facility as defined in Section 64-13-1;
1211  (j) a DOD civilian, if the DOD civilian provides:
1212  (i) the DOD civilian's current United States Department of Defense identification
1213  card; and
1214  (ii)(A) a statement from the DOD civilian's current commander, or equivalent,
1215  stating that the DOD civilian is assigned in Utah; or
1216  (B) evidence that the DOD civilian is domiciled in Utah, as described in
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1217  Subsection (9)(a); or
1218        (k) a DOD civilian's immediate family member, if the DOD civilian's immediate family
1219  member provides:
1220  (i) the DOD civilian's current United States Department of Defense identification
1221  card; and
1222  (ii)(A) a statement from the DOD civilian's current commander, or equivalent,
1223  stating that the DOD civilian is assigned in Utah; or
1224  (B) evidence that the DOD civilian is domiciled in Utah, as described in
1225  Subsection (9)(a).
1226    (9)(a) The evidence described in Subsection (8)(j)(ii)(B) or (8)(k)(ii)(B) includes:
1227  (i) a current Utah voter registration card;
1228  (ii) a valid Utah driver license or identification card;
1229  (iii) a current Utah vehicle registration;
1230  (iv) a copy of a Utah income tax return, in the name of the DOD civilian or DOD
1231  civilian's spouse, filed as a resident in accordance with Section 59-10-502; or
1232  (v) proof that the DOD civilian or DOD civilian's spouse owns a home in Utah,
1233  including a property tax notice for property owned in Utah.
1234        (b) Aliens who are present in the United States on visitor, student, or other visas not
1235  listed in Subsection (8)(h) or (9)(c), which authorize only temporary presence in this
1236  country, do not have the capacity to intend to reside in Utah for an indefinite period
1237  and therefore are classified as nonresidents.
1238        (c) Aliens who have been granted or have applied for permanent resident status in the
1239  United States are classified for purposes of resident student status according to the
1240  same criteria applicable to citizens.
1241    (10) Any American Indian who is enrolled on the tribal rolls of a tribe whose reservation or
1242        trust lands lie partly or wholly within Utah or whose border is at any point contiguous
1243        with the border of Utah, and any American Indian who is a member of a federally
1244        recognized or known Utah tribe and who has graduated from a high school in Utah, is
1245        entitled to resident student status.
1246    (11) A Job Corps student is entitled to resident student status if the student:
1247        (a) is admitted as a full-time, part-time, or summer school student in a program of study
1248  leading to a degree or certificate; and
1249        (b) submits verification that the student is a current Job Corps student.
1250    (12) A person is entitled to resident student status and may immediately apply for resident
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1251  student status if the person:
1252  (a) marries a Utah resident eligible to be a resident student under this section; and
1253  (b) establishes [his or her] the person's domicile in Utah as demonstrated by objective
1254  evidence as provided in Subsection (3).
1255     (13) Notwithstanding Subsection (3)(c), a dependent student who has at least one parent
1256  who has been domiciled in Utah for at least 12 months prior to the student's application
1257  is entitled to resident student status.
1258     (14)(a) A person who has established domicile in Utah for full-time permanent
1259  employment may rebut the presumption of a nonresident classification by providing
1260  substantial evidence that the reason for the individual's move to Utah was, in good
1261  faith, based on an employer requested transfer to Utah, recruitment by a Utah
1262  employer, or a comparable work-related move for full-time permanent employment
1263  in Utah.
1264  (b) All relevant evidence concerning the motivation for the move shall be considered,
1265  including:
1266  (i) the person's employment and educational history;
1267  (ii) the dates when Utah employment was first considered, offered, and accepted;
1268  (iii) when the person moved to Utah;
1269  (iv) the dates when the person applied for admission, was admitted, and was enrolled
1270  as a postsecondary student;
1271  (v) whether the person applied for admission to an institution of higher education
1272  sooner than four months from the date of moving to Utah;
1273  (vi) evidence that the person is an independent person who is:
1274  (A) at least 24 years old; or
1275  (B) not claimed as a dependent on someone else's tax returns; and
1276  (vii) any other factors related to abandonment of a former domicile and establishment
1277  of a new domicile in Utah for purposes other than to attend an institution of higher
1278  education.
1279     (15)(a) A person who is in residence in Utah to participate in a United States Olympic
1280  athlete training program, at a facility in Utah, approved by the governing body for the
1281  athlete's Olympic sport, shall be entitled to resident status for tuition purposes.
1282  (b) Upon the termination of the athlete's participation in the training program, the athlete
1283  shall be subject to the same residency standards applicable to other persons under this
1284  section.
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1285        (c) Time spent domiciled in Utah during the Olympic athlete training program in Utah
1286  counts for Utah residency for tuition purposes upon termination of the athlete's
1287  participation in a Utah Olympic athlete training program.
1288    (16)(a) A person who has established domicile in Utah for reasons related to divorce, the
1289        death of a spouse, or long-term health care responsibilities for an immediate family
1290        member, including the person's spouse, parent, sibling, or child, may rebut the
1291        presumption of a nonresident classification by providing substantial evidence that the
1292        reason for the individual's move to Utah was, in good faith, based on the long-term
1293        health care responsibilities.
1294        (b) All relevant evidence concerning the motivation for the move shall be considered,
1295  including:
1296  (i) the person's employment and educational history;
1297  (ii) the dates when the long-term health care responsibilities in Utah were first
1298  considered, offered, and accepted;
1299  (iii) when the person moved to Utah;
1300  (iv) the dates when the person applied for admission, was admitted, and was enrolled
1301  as a postsecondary student;
1302  (v) whether the person applied for admission to an institution of higher education
1303  sooner than four months from the date of moving to Utah;
1304  (vi) evidence that the person is an independent person who is:
1305  (A) at least 24 years old; or
1306  (B) not claimed as a dependent on someone else's tax returns; and
1307  (vii) any other factors related to abandonment of a former domicile and establishment
1308  of a new domicile in Utah for purposes other than to attend an institution of higher
1309  education.
1310    (17) A foreign service member or the foreign service member's immediate family member
1311        deemed eligible for resident student status under Subsection (8)(e) or (f) shall retain the
1312        eligibility for resident student status if the foreign service member or immediate family
1313        member maintains continuous enrollment even in the case of a change in domicile or
1314        duty station.
1315    (18) A DOD civilian or the DOD civilian's immediate family member deemed eligible for
1316        resident student status under Subsection (8)(j) or (k) shall retain the eligibility for
1317        resident student status if the DOD civilian or the DOD civilian's immediate family
1318        member maintains continuous enrollment even in the case of a change in domicile or
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1319  duty station.
1320     (19) The board, after consultation with the institutions, shall make rules not inconsistent
1321  with this section:
1322  (a) concerning the definition of resident and nonresident students;
1323  (b) establishing procedures for classifying and reclassifying students;
1324  (c) establishing criteria for determining and judging claims of residency or domicile;
1325  (d) establishing appeals procedures; and
1326  (e) other matters related to this section.
1327     (20) A student shall be exempt from paying the nonresident portion of total tuition if the
1328  student:
1329  (a) is a foreign national legally admitted to the United States;
1330  (b) attended high school in this state for three or more years; and
1331  (c) graduated from a high school in this state or received the equivalent of a high school
1332  diploma in this state.
1333  Section 17. Section 59-10-1005 is amended to read:
1334  59-10-1005 . Tax credit for at-home parent.
1335     (1) As used in this section:
1336  (a) "At-home parent" means a parent:
1337  (i) who provides full-time care at the parent's residence for one or more of the
1338  parent's own qualifying children;
1339  (ii) who claims the qualifying child as a dependent on the parent's individual income
1340  tax return for the taxable year for which the parent claims the credit; and
1341  (iii) if the sum of the following amounts are $3,000 or less for the taxable year for
1342  which the parent claims the credit:
1343  (A) the total wages, tips, and other compensation listed on all of the parent's
1344  federal Forms W-2; and
1345  (B) the gross income listed on the parent's federal Form 1040 Schedule C, Profit
1346  or Loss From Business.
1347  (b) "Parent" means an individual who:
1348  [(i) is the biological mother or father of a qualifying child;]
1349  (i) has a parent-child relationship, as defined in Section 81-5-102, with a qualifying
1350  child;
1351  (ii) is the stepfather or stepmother of a qualifying child;
1352  (iii)[(A) legally adopts a qualifying child; or]
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1353  [(B)] has a qualifying child placed in the individual's home:
1354  [(I)] (A) by a child-placing agency, as defined in Section 26B-2-101; and
1355  [(II)] (B) for the purpose of legally adopting the child;
1356  (iv) is a foster parent of a qualifying child; or
1357  (v) is a legal guardian of a qualifying child.
1358        (c) "Qualifying child" means a child who is no more than 12 months of age on the last
1359  day of the taxable year for which the tax credit is claimed.
1360    (2) For a taxable year beginning on or after January 1, 2000, a claimant may claim on the
1361        claimant's individual income tax return a nonrefundable tax credit of $100 for each
1362        qualifying child if:
1363        (a) the claimant or another claimant filing a joint individual income tax return with the
1364  claimant is an at-home parent; and
1365        (b) the adjusted gross income of all of the claimants filing the individual income tax
1366  return is less than or equal to $50,000.
1367    (3) A claimant may not carry forward or carry back a tax credit authorized by this section.
1368    (4)(a) In accordance with any rules prescribed by the commission under Subsection
1369        (4)(b), the Division of Finance shall transfer at least annually from the General Fund
1370        into the Income Tax Fund the aggregate amount of all tax credits claimed under this
1371        section.
1372        (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1373  commission may make rules for making a transfer from the General Fund into the
1374  Income Tax Fund as required by Subsection (4)(a).
1375  Section 18. Section 63A-17-806 is amended to read:
1376  63A-17-806 . Definitions -- Infant at Work Pilot Program -- Administration.
1377    (1) As used in this section:
1378        (a) "Eligible employee" means an employee who has been employed by the Department
1379  of Health and Human Services for a minimum of:
1380  (i) 12 consecutive months; and
1381  (ii) 1,250 hours, excluding paid time off during the 12-month period immediately
1382  preceding the day on which the employee applies for participation in the program.
1383        (b) "Infant" means a baby that is at least six weeks of age and no more than six months
1384  of age.
1385        (c) "Parent" means:
1386  [(i) a biological or adoptive parent of an infant; or]
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1387  (i) an individual who has a parent-child relationship, as defined in Section 81-5-102,
1388  with an infant; or
1389  (ii) an individual who has an infant placed in the individual's foster care by the
1390  Division of Child and Family Services.
1391  (d) "Program" means the Infant at Work Pilot Program established in this section.
1392     (2) There is created the Infant at Work Pilot Program for eligible employees.
1393     (3) The program shall:
1394  (a) allow an eligible employee to bring the eligible employee's infant to work subject to
1395  the provisions of this section;
1396  (b) be administered by the division; and
1397  (c) be implemented for a minimum of one year.
1398     (4) The division shall establish an application process for eligible employees of the
1399  Department of Health and Human Services to apply to the program that includes:
1400  (a) a process for evaluating whether an eligible employee's work environment is
1401  appropriate for an infant;
1402  (b) guidelines for infant health and safety; and
1403  (c) guidelines regarding an eligible employee's initial and ongoing participation in the
1404  program.
1405     (5) If the division approves the eligible employee for participation in the program, the
1406  eligible employee shall have the sole responsibility for the care and safety of the infant
1407  at the workplace.
1408     (6) The division may not require the Department of Health and Human Services to
1409  designate or set aside space for an eligible employee's infant other than the eligible
1410  employee's existing work space.
1411     (7) The division, in consultation with the Department of Health and Human Services, shall
1412  make rules that the department determines necessary to establish the program in
1413  accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
1414  Section 19. Section 75-2-114 is amended to read:
1415  75-2-114 . Parent and child relationship.
1416     (1) As used in this section, "pre-existing parent" means the same as that term is defined in
1417  Section 81-13-101.
1418     [(1)] (2)(a) Except as provided in Subsections [(2) and (3)] (3) and (4), for purposes of
1419  intestate succession by, through, or from a person, an individual is the child of the
1420  individual's [natural ]parents, regardless of [their] the individual's parent's marital
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1421        status.
1422        (b) The parent and child relationship may be established as provided in Title 81, Chapter
1423  5, Uniform Parentage Act.
1424    [(2)] (3) An adopted individual is the child of the adopting parent or parents and not of the [
1425        natural parents, but] adopted individual's pre-existing parent, except that the adoption of
1426        a child by the spouse of [either natural parent] a child's pre-existing parent has no effect
1427        on the relationship between the child and that [natural] pre-existing parent.
1428    [(3)] (4) Inheritance from or through a child by [either natural] the child's parent or the
1429        child's kindred is precluded unless that [natural ]parent has openly treated the child as
1430        the [natural ]parent's[,] and has not refused to support the child.
1431  Section 20. Section 75-2-705 is amended to read:
1432  75-2-705 . Class gifts construed to accord with intestate succession.
1433    (1)(a) Adopted individuals and individuals born out of wedlock, and their respective
1434        descendants if appropriate to the class, are included in class gifts and other terms of
1435        relationship in accordance with the rules for intestate succession.
1436        (b) Terms of relationship that do not differentiate relationships by blood from those by
1437  affinity, such as "uncles," "aunts," "nieces," or "nephews," are construed to exclude
1438  relatives by affinity.
1439        (c) Terms of relationship that do not differentiate relationships by the half blood from
1440  those by the whole blood, such as "brothers," "sisters," "nieces," or "nephews," are
1441  construed to include both types of relationships.
1442    (2) In addition to the requirements of Subsection (1), in construing a dispositive provision
1443        of a transferor who is not the [natural ]parent, an individual born to the [natural ]parent
1444        is not considered the child of that parent unless the individual lived while a minor as a
1445        regular member of the household of that [natural ]parent or of that parent's parent,
1446        brother, sister, spouse, or surviving spouse.
1447    (3) In addition to the requirements of Subsection (1), in construing a dispositive provision
1448        of a transferor who is not the adopting parent, an adopted individual is not considered
1449        the child of the adopting parent unless the adopted individual lived while a minor, either
1450        before or after the adoption, as a regular member of the household of the adopting parent.
1451  Section 21. Section 76-2-409 is amended to read:
1452  76-2-409 . Battered person mitigation.
1453    (1) As used in this section:
1454        (a) "Abuse" means the same as that term is defined in Section 78B-7-102.
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1455  (b) "Cohabitant" means:
1456  (i) the same as that term is defined in Section 78B-7-102; or
1457  (ii) the relationship of a minor and a [natural parent, an adoptive ]parent, a stepparent,
1458  or an individual living with the minor's [natural ]parent as if a stepparent to the
1459  minor.
1460     (2)(a) An individual is entitled to battered person mitigation if:
1461  (i) the individual committed a criminal offense that was not legally justified;
1462  (ii) the individual committed the criminal offense against a cohabitant who
1463  demonstrated a pattern of abuse against the individual or another cohabitant of the
1464  individual; and
1465  (iii) the individual reasonably believed that the criminal offense was necessary to end
1466  the pattern of abuse.
1467  (b) A reasonable belief under Subsection (2)(a) is determined from the viewpoint of a
1468  reasonable person in the individual's circumstances, as the individual's circumstances
1469  are perceived by the individual.
1470     (3) An individual claiming mitigation under Subsection (2)(a) has the burden of proving, by
1471  clear and convincing evidence, each element that would entitle the individual to
1472  mitigation under Subsection (2)(a).
1473     (4) Mitigation under Subsection (2)(a) results in a one-step reduction of the level of offense
1474  of which the individual is convicted.
1475     (5)(a) If the trier of fact is a jury, an individual is not entitled to mitigation under
1476  Subsection (2)(a) unless the jury:
1477  (i) finds the individual proved, in accordance with Subsection (3), that the individual
1478  is entitled to mitigation by unanimous vote; and
1479  (ii) returns a special verdict for the reduced charge at the same time the jury returns
1480  the general verdict.
1481  (b) A nonunanimous vote by the jury on the question of mitigation under Subsection
1482  (2)(a) does not result in a hung jury.
1483     (6) An individual intending to claim mitigation under Subsection (2)(a) at the individual's
1484  trial shall give notice of the individual's intent to claim mitigation under Subsection
1485  (2)(a) to the prosecuting agency at least 30 days before the individual's trial.
1486  Section 22. Section 76-5-301.2 is amended to read:
1487  76-5-301.2 . Parental kidnapping.
1488     (1)(a) As used in this section:
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1489  (i) "Child" means an individual under 18 years old.
1490  (ii) "Custody" means court-ordered physical custody of a child entered by a court.
1491  [(iii) "Parent" means an individual:]
1492  [(A) recognized as a biological parent or adoptive parent; or]
1493  [(B) that has established a parent-child relationship under Section 81-5-201.]
1494  (iii) "Parent" means an individual who has a parent-child relationship, as defined in
1495  Section 81-5-102, with the child.
1496  (iv) "Parent-time" means court-ordered parent-time or visitation entered by a court.
1497        (b) Terms defined in Section 76-1-101.5 apply to this section.
1498    (2) A parent commits parental kidnapping of the parent's child if the parent:
1499        (a) takes, entices, conceals, detains, or withholds the child from an individual entitled to
1500  custody of the child;
1501        (b) intends to interfere with the custody of the child; and
1502        (c)(i) has never had a right to physical custody of the child;
1503  (ii) has never been granted parent-time with the child;
1504  (iii) has had all rights to physical custody of the child terminated by a court; or
1505  (iv) at the time of the parent's action under Subsection (2)(a), had parent-time with
1506  the child terminated or suspended by a court.
1507    (3)(a) A violation of Subsection (2) is a third degree felony.
1508        (b) Notwithstanding Subsection (3)(a), a violation of Subsection (2) is a second degree
1509  felony if, during the course of parental kidnapping, the parent removes, causes the
1510  removal, or directs the removal of the child from the state.
1511    (4) In addition to the affirmative defenses described in Section 76-5-305, it is an affirmative
1512        defense to the crime of parental kidnapping that:
1513        (a) the parent acted under a reasonable belief that the action described in Subsection
1514  (2)(a) was:
1515  (i) necessary to protect the child from imminent serious bodily injury, or death;
1516  (ii) authorized by law; or
1517  (iii) taken with the consent of:
1518  (A) the individual entitled to custody of the child; or
1519  (B) a custodian, guardian, caretaker, or other individual lawfully acting in place of
1520  the individual entitled to custody of the child; or
1521        (b)(i) the parent acted under a reasonable belief that the action described in
1522  Subsection (2)(a) was necessary to protect the child from abuse, including sexual
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1523  abuse; and
1524  (ii) before taking the action described in Subsection (2)(a), the parent reports to law
1525  enforcement the parent's intention to engage in the action and the basis for the
1526  parent's belief described in Subsection (4)(b)(i).
1527  Section 23. Section 76-5-404.1 is amended to read:
1528  76-5-404.1 . Sexual abuse of a child -- Penalties -- Limitations.
1529     (1)(a) As used in this section:
1530  (i) "Adult" means an individual 18 years old or older.
1531  (ii) "Child" means an individual younger than 14 years old.
1532  (iii) "Female breast" means the same as that term is defined in Section 76-5-401.1.
1533  (iv) "Indecent liberties" means the same as that term is defined in Section 76-5-401.1.
1534  (v) "Position of special trust" means:
1535  (A) an adoptive parent;
1536  (B) an athletic manager who is an adult;
1537  (C) an aunt;
1538  (D) a babysitter;
1539  (E) a coach;
1540  (F) a cohabitant of a parent if the cohabitant is an adult;
1541  (G) a counselor;
1542  (H) a doctor or physician;
1543  (I) an employer;
1544  (J) a foster parent;
1545  (K) a grandparent;
1546  (L) a legal guardian;
1547  (M) a [natural ]parent;
1548  (N) a recreational leader who is an adult;
1549  (O) a religious leader;
1550  (P) a sibling or a stepsibling who is an adult;
1551  (Q) a scout leader who is an adult;
1552  (R) a stepparent;
1553  (S) a teacher or any other individual employed by or volunteering at a public or
1554  private elementary school or secondary school, and who is 18 years old or
1555  older;
1556  (T) an instructor, professor, or teaching assistant at a public or private institution
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1557  of higher education;
1558  (U) an uncle;
1559  (V) a youth leader who is an adult; or
1560  (W) any individual in a position of authority, other than those individuals listed in
1561  Subsections (1)(a)(v)(A) through (V), which enables the individual to exercise
1562  undue influence over the child.
1563        (b) Terms defined in Section 76-1-101.5 apply to this section.
1564    (2)(a) Under circumstances not amounting to an offense listed in Subsection (4), an actor
1565        commits sexual abuse of a child if the actor:
1566  (i)(A) touches, whether over or under the clothing, the buttocks or pubic area of a
1567  child;
1568  (B) touches, whether over or under the clothing, the female breast of a child;
1569  (C) touches the anus or genitals of a child over the clothing; or
1570  (D) otherwise takes indecent liberties with a child whether over or under the
1571  clothing; and
1572  (ii) the actor's conduct is with intent to:
1573  (A) cause substantial emotional or bodily pain to any individual; or
1574  (B) arouse or gratify the sexual desire of any individual.
1575        (b) Any touching, however slight, is sufficient to constitute the relevant element of a
1576  violation of Subsection (2)(a).
1577    (3) A violation of Subsection (2) is a second degree felony.
1578    (4) The offenses referred to in Subsection (2)(a) are:
1579        (a) rape of a child, in violation of Section 76-5-402.1;
1580        (b) object rape of a child, in violation of Section 76-5-402.3;
1581        (c) sodomy on a child, in violation of Section 76-5-403.1; or
1582        (d) an attempt to commit an offense listed in Subsections (4)(a) through (4)(c).
1583  Section 24. Section 78A-5-103 is amended to read:
1584  78A-5-103 . District court case management.
1585    (1) The district court of each district shall develop systems of case management.
1586    (2) The case management systems developed by a district court shall:
1587        (a) ensure judicial accountability for the just and timely disposition of cases; and
1588        (b) provide for each judge a full judicial work load that accommodates differences in the
1589  subject matter or complexity of cases assigned to different judges.
1590    (3)(a) A district court may establish divisions within the court for the efficient
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1591  management of different types of cases.
1592  (b) The existence of divisions within the court may not:
1593  [(a)] (i) affect the jurisdiction of the court nor the validity of court orders; or
1594  [(b)] (ii) impede public access to the courts.
1595     (4) To the extent possible, the district court of each district shall assign any case or
1596  proceeding involving the same child or family to a single judge.
1597  Section 25. Section 78A-6-104 is amended to read:
1598  78A-6-104 . Concurrent jurisdiction of the juvenile court -- Transfer of a
1599     protective order.
1600     (1)(a) The juvenile court has jurisdiction, concurrent with the district court:
1601  (i) to establish parentage, or to order testing for purposes of establishing parentage,
1602  for a child in accordance with Title 81, Chapter 5, Uniform Parentage Act, when a
1603  proceeding is initiated under Title 80, Chapter 3, Abuse, Neglect, and Dependency
1604  Proceedings, or Title 80, Chapter 4, Termination and Restoration of Parental
1605  Rights, that involves the child;
1606  (ii) over a petition to modify a minor's birth certificate if the juvenile court has
1607  jurisdiction over the minor's case under Section 78A-6-103; and
1608  (iii) over questions of custody, support, and parent-time of a minor if the juvenile
1609  court has jurisdiction over the minor's case under Section 78A-6-103.
1610  (b) If the juvenile court obtains jurisdiction over a parentage action under Subsection
1611  (1)(a)(i), the juvenile court may:
1612  (i) retain jurisdiction over the parentage action until parentage of the child is
1613  adjudicated; or
1614  (ii) transfer jurisdiction over the parentage action to the district court.
1615     (2)(a) The juvenile court has jurisdiction, concurrent with the district court or the justice
1616  court otherwise having jurisdiction, over a criminal information filed under Part 4a,
1617  Adult Criminal Proceedings, for an adult alleged to have committed:
1618  (i) an offense under Section 32B-4-403, unlawful sale, offer for sale, or furnishing to
1619  a minor;
1620  (ii) an offense under Section 53G-6-202, failure to comply with compulsory
1621  education requirements;
1622  (iii) an offense under Section 80-2-609, failure to report;
1623  (iv) a misdemeanor offense under Section 76-5-303, custodial interference;
1624  (v) an offense under Section 76-4-206, contributing to the delinquency of a minor; or
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1625  (vi) an offense under Section 80-5-601, harboring a runaway.
1626        (b) It is not necessary for a minor to be adjudicated for an offense or violation of the law
1627  under Section 80-6-701 for the juvenile court to exercise jurisdiction under
1628  Subsection (2)(a).
1629    (3)(a) When a support, custody, or parent-time award has been made by a district court
1630        in a divorce action or other proceeding, and the jurisdiction of the district court in the
1631        case is continuing, the juvenile court may acquire jurisdiction in a case involving the
1632        same child if the child comes within the jurisdiction of the juvenile court under
1633        Section 78A-6-103.
1634        (b)(i) The juvenile court may, by order, change the custody subject to Subsection
1635  81-9-204(4), support, parent-time, and visitation rights previously ordered in the
1636  district court as necessary to implement the order of the juvenile court for the
1637  safety and welfare of the child.
1638  (ii) An order by the juvenile court under Subsection (3)(b)(i) remains in effect so
1639  long as the juvenile court continues to exercise jurisdiction.
1640        (c) If a copy of the findings and order of the juvenile court under this Subsection (3) are
1641  filed with the district court, the findings and order of the juvenile court are binding on
1642  the parties to the divorce action as though entered in the district court.
1643    (4) This section does not deprive the district court of jurisdiction to:
1644        (a) appoint a guardian for a child;
1645        (b) determine the support, custody, and parent-time of a child upon writ of habeas
1646  corpus; or
1647        (c) determine a question of support, custody, and parent-time that is incidental to the
1648  determination of an action in the district court.
1649    (5) A juvenile court may transfer a petition for a protective order for a child to the district
1650        court if the juvenile court has entered an ex parte protective order and finds that:
1651        (a) the petitioner and the respondent are the [natural parent, adoptive parent,] parent or
1652  step parent of the child who is the object of the petition;
1653        (b) the district court has a petition pending or an order related to custody or parent-time
1654  entered under Title 78B, Chapter 7, Part 6, Cohabitant Abuse Protective Orders, Title
1655  81, Chapter 4, Part 4, Divorce, or Title 81, Chapter 5, Uniform Parentage Act, in
1656  which the petitioner and the respondent are parties; and
1657        (c) the best interests of the child will be better served in the district court.
1658  Section 26. Section 78B-7-102 is amended to read:
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1659  78B-7-102 . Definitions.
1660        As used in this chapter:
1661     (1) "Abuse" means, except as provided in Section 78B-7-201, intentionally or knowingly
1662  causing or attempting to cause another individual physical harm or intentionally or
1663  knowingly placing another individual in reasonable fear of imminent physical harm.
1664     (2) "Affinity" means the same as that term is defined in Section 76-1-101.5.
1665     (3) "Canadian domestic violence protection order" means the same as that term is defined in
1666  Section 78B-7-1201.
1667     (4) "Child" means an individual who is younger than 18 years old.
1668     (5) "Civil protective order" means an order issued, [subsequent to] after a hearing on the
1669  petition, of which the petitioner and respondent have been given notice, under:
1670  (a) Part 2, Child Protective Orders;
1671  (b) Part 4, Dating Violence Protective Orders;
1672  (c) Part 5, Sexual Violence Protective Orders;
1673  (d) Part 6, Cohabitant Abuse Protective Orders; or
1674  (e) Part 11, Workplace Violence Protective Orders.
1675     (6) "Civil stalking injunction" means a stalking injunction issued under Part 7, Civil
1676  Stalking Injunctions.
1677     (7)(a) "Cohabitant" means an emancipated individual under Section 15-2-1 or an
1678  individual who is 16 years old or older who:
1679  (i) is or was a spouse of the other party;
1680  (ii) is or was living as if a spouse of the other party;
1681  (iii) is related by blood or marriage to the other party as the individual's parent,
1682  grandparent, sibling, or any other individual related to the individual by
1683  consanguinity or affinity to the second degree;
1684  (iv) has or had one or more children in common with the other party;
1685  (v) is the biological parent of the other party's unborn minor child;
1686  (vi) resides or has resided in the same residence as the other party; or
1687  (vii) is or was in a consensual sexual relationship with the other party.
1688  (b) "Cohabitant" does not include:
1689  (i) the relationship of [natural parent, adoptive parent, or] parent or step-parent to a
1690  minor child; or
1691  (ii) the relationship between [natural, adoptive, step, or foster siblings] siblings,
1692  stepsiblings, or foster siblings who are under 18 years old.
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1693    (8) "Consanguinity" means the same as that term is defined in Section 76-1-101.5.
1694    (9) "Criminal protective order" means an order issued under Part 8, Criminal Protective
1695        Orders.
1696    (10) "Criminal stalking injunction" means a stalking injunction issued under Part 9,
1697        Criminal Stalking Injunctions.
1698    (11) "Court clerk" means a district court clerk.
1699    (12)(a) "Dating partner" means an individual who:
1700  (i)(A) is an emancipated individual under Section 15-2-1 or Title 80, Chapter 7,
1701  Emancipation; or
1702  (B) is 18 years old or older; and
1703  (ii) is, or has been, in a dating relationship with the other party.
1704        (b) "Dating partner" does not include an intimate partner.
1705    (13)(a) "Dating relationship" means a social relationship of a romantic or intimate
1706        nature, or a relationship which has romance or intimacy as a goal by one or both
1707        parties, regardless of whether the relationship involves sexual intimacy.
1708        (b) "Dating relationship" does not include casual fraternization in a business,
1709  educational, or social context.
1710        (c) In determining, based on a totality of the circumstances, whether a dating
1711  relationship exists:
1712  (i) all relevant factors shall be considered, including:
1713  (A) whether the parties developed interpersonal bonding above a mere casual
1714  fraternization;
1715  (B) the length of the parties' relationship;
1716  (C) the nature and the frequency of the parties' interactions, including
1717  communications indicating that the parties intended to begin a dating
1718  relationship;
1719  (D) the ongoing expectations of the parties, individual or jointly, with respect to
1720  the relationship;
1721  (E) whether, by statement or conduct, the parties demonstrated an affirmation of
1722  their relationship to others; and
1723  (F) whether other reasons exist that support or detract from a finding that a dating
1724  relationship exists; and
1725  (ii) it is not necessary that all, or a particular number, of the factors described in
1726  Subsection (13)(c)(i) are found to support the existence of a dating relationship.
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1727     (14) "Dating violence" means:
1728  (a) a criminal offense involving violence or physical harm, or threat of violence or
1729  physical harm, when committed by an individual against a dating partner; or
1730  (b) an attempt, a conspiracy, or a solicitation by an individual to commit a criminal
1731  offense involving violence or physical harm against a dating partner of the individual.
1732     (15) "Domestic violence" means the same as that term is defined in Section 77-36-1.
1733     (16) "Ex parte civil protective order" means an order issued without notice to the
1734  respondent under:
1735  (a) Part 2, Child Protective Orders;
1736  (b) Part 4, Dating Violence Protective Orders;
1737  (c) Part 5, Sexual Violence Protective Orders;
1738  (d) Part 6, Cohabitant Abuse Protective Orders; or
1739  (e) Part 11, Workplace Violence Protective Orders.
1740     (17) "Ex parte civil stalking injunction" means a stalking injunction issued without notice to
1741  the respondent under Part 7, Civil Stalking Injunctions.
1742     (18) "Foreign protection order" means:
1743  (a) the same as that term is defined in Section 78B-7-302; or
1744  (b) a Canadian domestic violence protection order.
1745     (19) "Household animal" means an animal that is tamed and kept as a pet.
1746     (20) "Intimate partner" means the same as that term is defined in 18 U.S.C. Sec. 921.
1747     (21) "Law enforcement unit" or "law enforcement agency" means any public agency having
1748  general police power and charged with making arrests in connection with enforcement
1749  of the criminal statutes and ordinances of this state or any political subdivision.
1750     (22) "Minor child" means the same as that term is defined in Section 81-1-101.
1751     (23) "Peace officer" means those individuals specified in Title 53, Chapter 13, Peace
1752  Officer Classifications.
1753     (24) "Qualifying domestic violence offense" means the same as that term is defined in
1754  Section 77-36-1.1.
1755     (25) "Respondent" means the individual against whom enforcement of a protective order is
1756  sought.
1757     (26) "Stalking" means the same as that term is defined in Section 76-5-106.5.
1758  Section 27. Section 80-1-102 is amended to read:
1759  80-1-102 . Juvenile Code definitions.
1760        Except as provided in Section 80-6-1103, as used in this title:
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1761    (1)(a) "Abuse" means:
1762  (i)(A) nonaccidental harm of a child;
1763  (B) threatened harm of a child;
1764  (C) sexual exploitation;
1765  (D) sexual abuse; or
1766  (E) human trafficking of a child in violation of Section 76-5-308.5; or
1767  (ii) that a child's parent:
1768  (A) intentionally, knowingly, or recklessly causes the death of another parent of
1769  the child;
1770  (B) is identified by a law enforcement agency as the primary suspect in an
1771  investigation for intentionally, knowingly, or recklessly causing the death of
1772  another parent of the child; or
1773  (C) is being prosecuted for or has been convicted of intentionally, knowingly, or
1774  recklessly causing the death of another parent of the child.
1775        (b) "Abuse" does not include:
1776  (i) reasonable discipline or management of a child, including withholding privileges;
1777  (ii) conduct described in Section 76-2-401; or
1778  (iii) the use of reasonable and necessary physical restraint or force on a child:
1779  (A) in self-defense;
1780  (B) in defense of others;
1781  (C) to protect the child; or
1782  (D) to remove a weapon in the possession of a child for any of the reasons
1783  described in Subsections (1)(b)(iii)(A) through (C).
1784    (2) "Abused child" means a child who has been subjected to abuse.
1785    (3)(a) "Adjudication" means, except as provided in Subsection (3)(b):
1786  (i) for a delinquency petition or criminal information under Chapter 6, Juvenile
1787  Justice:
1788  (A) a finding by the juvenile court that the facts alleged in a delinquency petition
1789  or criminal information alleging that a minor committed an offense have been
1790  proved;
1791  (B) an admission by a minor in the juvenile court as described in Section 80-6-306;
1792  or
1793  (C) a plea of no contest by minor in the juvenile court; or
1794  (ii) for all other proceedings under this title, a finding by the juvenile court that the
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1795  facts alleged in the petition have been proved.
1796  (b) "Adjudication" does not include:
1797  (i) an admission by a minor described in Section 80-6-306 until the juvenile court
1798  enters the minor's admission; or
1799  (ii) a finding of not competent to proceed in accordance with Section 80-6-402.
1800     (4)(a) "Adult" means an individual who is 18 years old or older.
1801  (b) "Adult" does not include an individual:
1802  (i) who is 18 years old or older; and
1803  (ii) who is a minor.
1804     (5) "Attorney guardian ad litem" means the same as that term is defined in Section
1805  78A-2-801.
1806     (6) "Board" means the Board of Juvenile Court Judges.
1807     (7) "Child" means, except as provided in Section 80-2-905, an individual who is under 18
1808  years old.
1809     (8) "Child and family plan" means a written agreement between a child's parents or
1810  guardian and the Division of Child and Family Services as described in Section 80-3-307.
1811     (9) "Child placing" means the same as that term is defined in Section 26B-2-101.
1812     (10) "Child-placing agency" means the same as that term is defined in Section 26B-2-101.
1813     (11) "Child protection team" means a team consisting of:
1814  (a) the child welfare caseworker assigned to the case;
1815  (b) if applicable, the child welfare caseworker who made the decision to remove the
1816  child;
1817  (c) a representative of the school or school district where the child attends school;
1818  (d) if applicable, the law enforcement officer who removed the child from the home;
1819  (e) a representative of the appropriate Children's Justice Center, if one is established
1820  within the county where the child resides;
1821  (f) if appropriate, and known to the division, a therapist or counselor who is familiar
1822  with the child's circumstances;
1823  (g) if appropriate, a representative of law enforcement selected by the chief of police or
1824  sheriff in the city or county where the child resides; and
1825  (h) any other individuals determined appropriate and necessary by the team coordinator
1826  and chair.
1827     (12)(a) "Chronic abuse" means repeated or patterned abuse.
1828  (b) "Chronic abuse" does not mean an isolated incident of abuse.
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1829    (13)(a) "Chronic neglect" means repeated or patterned neglect.
1830        (b) "Chronic neglect" does not mean an isolated incident of neglect.
1831    (14) "Clandestine laboratory operation" means the same as that term is defined in Section
1832        58-37d-3.
1833    (15) "Commit" or "committed" means, unless specified otherwise:
1834        (a) with respect to a child, to transfer legal custody; and
1835        (b) with respect to a minor who is at least 18 years old, to transfer custody.
1836    (16) "Community-based program" means a nonsecure residential or nonresidential program,
1837        designated to supervise and rehabilitate juvenile offenders, that prioritizes the least
1838        restrictive setting, consistent with public safety, and operated by or under contract with
1839        the Division of Juvenile Justice and Youth Services.
1840    (17) "Community placement" means placement of a minor in a community-based program
1841        described in Section 80-5-402.
1842    (18) "Correctional facility" means:
1843        (a) a county jail; or
1844        (b) a secure correctional facility as defined in Section 64-13-1.
1845    (19) "Criminogenic risk factors" means evidence-based factors that are associated with a
1846        minor's likelihood of reoffending.
1847    (20) "Department" means the Department of Health and Human Services created in Section
1848        26B-1-201.
1849    (21) "Dependent child" or "dependency" means a child who is without proper care through
1850        no fault of the child's parent, guardian, or custodian.
1851    (22) "Deprivation of custody" means transfer of legal custody by the juvenile court from a
1852        parent or a previous custodian to another person, agency, or institution.
1853    (23) "Detention" means home detention or secure detention.
1854    (24) "Detention facility" means a facility, established by the Division of Juvenile Justice
1855        and Youth Services in accordance with Section 80-5-501, for minors held in detention.
1856    (25) "Detention risk assessment tool" means an evidence-based tool established under
1857        Section 80-5-203 that:
1858        (a) assesses a minor's risk of failing to appear in court or reoffending before
1859  adjudication; and
1860        (b) is designed to assist in making a determination of whether a minor shall be held in
1861  detention.
1862    (26) "Developmental immaturity" means incomplete development in one or more domains
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1863  that manifests as a functional limitation in the minor's present ability to:
1864  (a) consult with counsel with a reasonable degree of rational understanding; and
1865  (b) have a rational as well as factual understanding of the proceedings.
1866     (27) "Disposition" means an order by a juvenile court, after the adjudication of a minor,
1867  under Section 80-3-405 or 80-4-305 or Chapter 6, Part 7, Adjudication and Disposition.
1868     (28) "Educational neglect" means that, after receiving a notice of compulsory education
1869  violation under Section 53G-6-202, the parent or guardian fails to make a good faith
1870  effort to ensure that the child receives an appropriate education.
1871     (29) "Educational series" means an evidence-based instructional series:
1872  (a) obtained at a substance abuse program that is approved by the Division of Integrated
1873  Healthcare in accordance with Section 26B-5-104; and
1874  (b) designed to prevent substance use or the onset of a mental health disorder.
1875     (30) "Emancipated" means the same as that term is defined in Section 80-7-102.
1876     (31) "Evidence-based" means a program or practice that has had multiple randomized
1877  control studies or a meta-analysis demonstrating that the program or practice is effective
1878  for a specific population or has been rated as effective by a standardized program
1879  evaluation tool.
1880     (32) "Forensic evaluator" means the same as that term is defined in Section 77-15-2.
1881     (33) "Formal probation" means a minor is:
1882  (a) supervised in the community by, and reports to, a juvenile probation officer or an
1883  agency designated by the juvenile court; and
1884  (b) subject to return to the juvenile court in accordance with Section 80-6-607.
1885     (34) "Gender identity" means the same as that term is defined in Section 34A-5-102.
1886     (35) "Group rehabilitation therapy" means psychological and social counseling of one or
1887  more individuals in the group, depending upon the recommendation of the therapist.
1888     (36) "Guardian" means a person appointed by a court to make decisions regarding a minor,
1889  including the authority to consent to:
1890  (a) marriage;
1891  (b) enlistment in the armed forces;
1892  (c) major medical, surgical, or psychiatric treatment; or
1893  (d) legal custody, if legal custody is not vested in another individual, agency, or
1894  institution.
1895     (37) "Guardian ad litem" means the same as that term is defined in Section 78A-2-801.
1896     (38) "Harm" means:
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1897        (a) physical or developmental injury or damage;
1898        (b) emotional damage that results in a serious impairment in the child's growth,
1899  development, behavior, or psychological functioning;
1900        (c) sexual abuse; or
1901        (d) sexual exploitation.
1902    (39) "Home detention" means placement of a minor:
1903        (a) if prior to a disposition, in the minor's home, or in a surrogate home with the consent
1904  of the minor's parent, guardian, or custodian, under terms and conditions established
1905  by the Division of Juvenile Justice and Youth Services or the juvenile court; or
1906        (b) if after a disposition, and in accordance with Section 78A-6-353 or 80-6-704, in the
1907  minor's home, or in a surrogate home with the consent of the minor's parent,
1908  guardian, or custodian, under terms and conditions established by the Division of
1909  Juvenile Justice and Youth Services or the juvenile court.
1910    (40)(a) "Incest" means engaging in sexual intercourse with an individual whom the
1911        perpetrator knows to be the perpetrator's ancestor, descendant, brother, sister, uncle,
1912        aunt, nephew, niece, or first cousin.
1913        (b) "Incest" includes:
1914  (i) blood relationships of the whole or half blood, regardless of whether the
1915  relationship is legally recognized;
1916  (ii) relationships of parent and child by adoption; and
1917  (iii) relationships of stepparent and stepchild while the marriage creating the
1918  relationship of a stepparent and stepchild exists.
1919    (41) "Indian child" means the same as that term is defined in 25 U.S.C. Sec. 1903.
1920    (42) "Indian tribe" means the same as that term is defined in 25 U.S.C. Sec. 1903.
1921    (43) "Indigent defense service provider" means the same as that term is defined in Section
1922        78B-22-102.
1923    (44) "Indigent defense services" means the same as that term is defined in Section
1924        78B-22-102.
1925    (45) "Indigent individual" means the same as that term is defined in Section 78B-22-102.
1926    (46)(a) "Intake probation" means a minor is:
1927  (i) monitored by a juvenile probation officer; and
1928  (ii) subject to return to the juvenile court in accordance with Section 80-6-607.
1929        (b) "Intake probation" does not include formal probation.
1930    (47) "Intellectual disability" means a significant subaverage general intellectual functioning
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1931  existing concurrently with deficits in adaptive behavior that constitutes a substantial
1932  limitation to the individual's ability to function in society.
1933     (48) "Juvenile offender" means:
1934  (a) a serious youth offender; or
1935  (b) a youth offender.
1936     (49) "Juvenile probation officer" means a probation officer appointed under Section
1937  78A-6-205.
1938     (50) "Juvenile receiving center" means a nonsecure, nonresidential program established by
1939  the Division of Juvenile Justice and Youth Services, or under contract with the Division
1940  of Juvenile Justice and Youth Services, that is responsible for minors taken into
1941  temporary custody under Section 80-6-201.
1942     (51) "Legal custody" means a relationship embodying:
1943  (a) the right to physical custody of the minor;
1944  (b) the right and duty to protect, train, and discipline the minor;
1945  (c) the duty to provide the minor with food, clothing, shelter, education, and ordinary
1946  medical care;
1947  (d) the right to determine where and with whom the minor shall live; and
1948  (e) the right, in an emergency, to authorize surgery or other extraordinary care.
1949     (52) "Licensing Information System" means the Licensing Information System maintained
1950  by the Division of Child and Family Services under Section 80-2-1002.
1951     (53) "Management Information System" means the Management Information System
1952  developed by the Division of Child and Family Services under Section 80-2-1001.
1953     (54) "Mental illness" means:
1954  (a) a psychiatric disorder that substantially impairs an individual's mental, emotional,
1955  behavioral, or related functioning; or
1956  (b) the same as that term is defined in:
1957  (i) the current edition of the Diagnostic and Statistical Manual of Mental Disorders
1958  published by the American Psychiatric Association; or
1959  (ii) the current edition of the International Statistical Classification of Diseases and
1960  Related Health Problems.
1961     (55) "Minor" means, except as provided in Sections 80-6-501, 80-6-901, and 80-7-102:
1962  (a) a child; or
1963  (b) an individual:
1964  (i)(A) who is at least 18 years old and younger than 21 years old; and
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1965  (B) for whom the Division of Child and Family Services has been specifically
1966  ordered by the juvenile court to provide services because the individual was an
1967  abused, neglected, or dependent child or because the individual was
1968  adjudicated for an offense;
1969  (ii)(A) who is at least 18 years old and younger than 25 years old; and
1970  (B) whose case is under the jurisdiction of the juvenile court in accordance with
1971  Subsection 78A-6-103(1)(b); or
1972  (iii)(A) who is at least 18 years old and younger than 21 years old; and
1973  (B) whose case is under the jurisdiction of the juvenile court in accordance with
1974  Subsection 78A-6-103(1)(c).
1975    (56) "Mobile crisis outreach team" means the same as that term is defined in Section
1976        26B-5-101.
1977    (57) "Molestation" means that an individual, with the intent to arouse or gratify the sexual
1978        desire of any individual, touches the anus, buttocks, pubic area, or genitalia of any child,
1979        or the breast of a female child, or takes indecent liberties with a child as defined in
1980        Section 76-5-401.1.
1981    (58)(a) "Neglect" means action or inaction causing:
1982  (i) abandonment of a child, except as provided in Chapter 4, Part 5, Safe
1983  Relinquishment of a Newborn Child;
1984  (ii) lack of proper parental care of a child by reason of the fault or habits of the
1985  parent, guardian, or custodian;
1986  (iii) failure or refusal of a parent, guardian, or custodian to provide proper or
1987  necessary subsistence or medical care, or any other care necessary for the child's
1988  health, safety, morals, or well-being;
1989  (iv) a child to be at risk of being neglected or abused because another child in the
1990  same home is neglected or abused;
1991  (v) abandonment of a child through an unregulated child custody transfer under
1992  Section 81-14-203; or
1993  (vi) educational neglect.
1994        (b) "Neglect" does not include:
1995  (i) a parent or guardian legitimately practicing religious beliefs and who, for that
1996  reason, does not provide specified medical treatment for a child;
1997  (ii) a health care decision made for a child by the child's parent or guardian, unless
1998  the state or other party to a proceeding shows, by clear and convincing evidence,
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1999  that the health care decision is not reasonable and informed;
2000  (iii) a parent or guardian exercising the right described in Section 80-3-304; or
2001  (iv) permitting a child, whose basic needs are met and who is of sufficient age and
2002  maturity to avoid harm or unreasonable risk of harm, to engage in independent
2003  activities, including:
2004  (A) traveling to and from school, including by walking, running, or bicycling;
2005  (B) traveling to and from nearby commercial or recreational facilities;
2006  (C) engaging in outdoor play;
2007  (D) remaining in a vehicle unattended, except under the conditions described in
2008  Subsection 76-5-115(2);
2009  (E) remaining at home unattended; or
2010  (F) engaging in a similar independent activity.
2011     (59) "Neglected child" means a child who has been subjected to neglect.
2012     (60) "Nonjudicial adjustment" means closure of the case by the assigned juvenile probation
2013  officer, without an adjudication of the minor's case under Section 80-6-701, upon the
2014  consent in writing of:
2015  (a) the assigned juvenile probation officer; and
2016  (b)(i) the minor; or
2017  (ii) the minor and the minor's parent, guardian, or custodian.
2018     (61) "Not competent to proceed" means that a minor, due to a mental illness, intellectual
2019  disability or related condition, or developmental immaturity, lacks the ability to:
2020  (a) understand the nature of the proceedings against the minor or of the potential
2021  disposition for the offense charged; or
2022  (b) consult with counsel and participate in the proceedings against the minor with a
2023  reasonable degree of rational understanding.
2024     (62)(a) "Parent" means, except as provided in Section 80-3-302, an individual with a
2025  parent-child relationship, as defined in Section 81-5-102, to a minor[ under Section
2026  81-5-201].
2027  (b) "Parent" includes the minor's noncustodial parent as defined in Section 81-1-101.
2028     (63) "Parole" means a conditional release of a juvenile offender from residency in secure
2029  care to live outside of secure care under the supervision of the Division of Juvenile
2030  Justice and Youth Services, or another person designated by the Division of Juvenile
2031  Justice and Youth Services.
2032     (64) "Physical abuse" means abuse that results in physical injury or damage to a child.
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2033    (65)(a) "Probation" means a legal status created by court order, following an
2034        adjudication under Section 80-6-701, whereby the minor is permitted to remain in the
2035        minor's home under prescribed conditions.
2036        (b) "Probation" includes intake probation or formal probation.
2037    (66) "Prosecuting attorney" means:
2038        (a) the attorney general and any assistant attorney general;
2039        (b) any district attorney or deputy district attorney;
2040        (c) any county attorney or assistant county attorney; and
2041        (d) any other attorney authorized to commence an action on behalf of the state.
2042    (67) "Protective custody" means the shelter of a child by the Division of Child and Family
2043        Services from the time the child is removed from the home until the earlier of:
2044        (a) the day on which the shelter hearing is held under Section 80-3-301; or
2045        (b) the day on which the child is returned home.
2046    (68) "Protective services" means expedited services that are provided:
2047        (a) in response to evidence of neglect, abuse, or dependency of a child;
2048        (b) to a cohabitant who is neglecting or abusing a child, in order to:
2049  (i) help the cohabitant develop recognition of the cohabitant's duty of care and of the
2050  causes of neglect or abuse; and
2051  (ii) strengthen the cohabitant's ability to provide safe and acceptable care; and
2052        (c) in cases where the child's welfare is endangered:
2053  (i) to bring the situation to the attention of the appropriate juvenile court and law
2054  enforcement agency;
2055  (ii) to cause a protective order to be issued for the protection of the child, when
2056  appropriate; and
2057  (iii) to protect the child from the circumstances that endanger the child's welfare
2058  including, when appropriate:
2059  (A) removal from the child's home;
2060  (B) placement in substitute care; and
2061  (C) petitioning the court for termination of parental rights.
2062    (69) "Protective supervision" means a legal status created by court order, following an
2063        adjudication on the ground of abuse, neglect, or dependency, whereby:
2064        (a) the minor is permitted to remain in the minor's home; and
2065        (b) supervision and assistance to correct the abuse, neglect, or dependency is provided
2066  by an agency designated by the juvenile court.
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2067     (70)(a) "Related condition" means a condition that:
2068  (i) is found to be closely related to intellectual disability;
2069  (ii) results in impairment of general intellectual functioning or adaptive behavior
2070  similar to that of an intellectually disabled individual;
2071  (iii) is likely to continue indefinitely; and
2072  (iv) constitutes a substantial limitation to the individual's ability to function in society.
2073  (b) "Related condition" does not include mental illness, psychiatric impairment, or
2074  serious emotional or behavioral disturbance.
2075     (71)(a) "Residual parental rights and duties" means the rights and duties remaining with
2076  a parent after legal custody or guardianship, or both, have been vested in another
2077  person or agency, including:
2078  (i) the responsibility for support;
2079  (ii) the right to consent to adoption;
2080  (iii) the right to determine the child's religious affiliation; and
2081  (iv) the right to reasonable parent-time unless restricted by the court.
2082  (b) If no guardian has been appointed, "residual parental rights and duties" includes the
2083  right to consent to:
2084  (i) marriage;
2085  (ii) enlistment; and
2086  (iii) major medical, surgical, or psychiatric treatment.
2087     (72) "Runaway" means a child, other than an emancipated child, who willfully leaves the
2088  home of the child's parent or guardian, or the lawfully prescribed residence of the child,
2089  without permission.
2090     (73) "Secure care" means placement of a minor, who is committed to the Division of
2091  Juvenile Justice and Youth Services for rehabilitation, in a facility operated by, or under
2092  contract with, the Division of Juvenile Justice and Youth Services, that provides 24-hour
2093  supervision and confinement of the minor.
2094     (74) "Secure care facility" means a facility, established in accordance with Section 80-5-503,
2095  for juvenile offenders in secure care.
2096     (75) "Secure detention" means temporary care of a minor who requires secure custody in a
2097  physically restricting facility operated by, or under contract with, the Division of
2098  Juvenile Justice and Youth Services:
2099  (a) before disposition of an offense that is alleged to have been committed by the minor;
2100  or
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2101        (b) under Section 80-6-704.
2102    (76) "Serious youth offender" means an individual who:
2103        (a) is at least 14 years old, but under 25 years old;
2104        (b) committed a felony listed in Subsection 80-6-503(1) and the continuing jurisdiction
2105  of the juvenile court was extended over the individual's case until the individual was
2106  25 years old in accordance with Section 80-6-605; and
2107        (c) is committed by the juvenile court to the Division of Juvenile Justice and Youth
2108  Services for secure care under Sections 80-6-703 and 80-6-705.
2109    (77) "Severe abuse" means abuse that causes or threatens to cause serious harm to a child.
2110    (78) "Severe neglect" means neglect that causes or threatens to cause serious harm to a
2111        child.
2112    (79)(a) "Severe type of child abuse or neglect" means, except as provided in Subsection
2113        (79)(b):
2114  (i) if committed by an individual who is 18 years old or older:
2115  (A) chronic abuse;
2116  (B) severe abuse;
2117  (C) sexual abuse;
2118  (D) sexual exploitation;
2119  (E) abandonment;
2120  (F) chronic neglect; or
2121  (G) severe neglect; or
2122  (ii) if committed by an individual who is under 18 years old:
2123  (A) causing serious injury, as defined in Subsection 76-5-109(1), to another child
2124  that indicates a significant risk to other children; or
2125  (B) sexual behavior with or upon another child that indicates a significant risk to
2126  other children.
2127        (b) "Severe type of child abuse or neglect" does not include:
2128  (i) the use of reasonable and necessary physical restraint by an educator in
2129  accordance with Section 53G-8-301 or Section 76-2-401;
2130  (ii) an individual's conduct that is justified under Section 76-2-401 or constitutes the
2131  use of reasonable and necessary physical restraint or force in self-defense or
2132  otherwise appropriate to the circumstances to obtain possession of a weapon or
2133  other dangerous object in the possession or under the control of a child or to
2134  protect the child or another individual from physical injury; or
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2135  (iii) a health care decision made for a child by a child's parent or guardian, unless,
2136  subject to Subsection (79)(c), the state or other party to the proceeding shows, by
2137  clear and convincing evidence, that the health care decision is not reasonable and
2138  informed.
2139  (c) Subsection (79)(b)(iii) does not prohibit a parent or guardian from exercising the
2140  right to obtain a second health care opinion.
2141     (80)(a) "Sexual abuse" means:
2142  (i) an act or attempted act of sexual intercourse, sodomy, incest, or molestation by an
2143  adult directed towards a child;
2144  (ii) an act or attempted act of sexual intercourse, sodomy, incest, or molestation
2145  committed by a child towards another child if:
2146  (A) there is an indication of force or coercion;
2147  (B) the children are related, as described in Subsection (40), including siblings by
2148  marriage while the marriage exists or by adoption; or
2149  (C) the act or attempted act constitutes unlawful sexual activity as described in
2150  Section 76-5-401.3.
2151  (iii) engaging in any conduct with a child that would constitute an offense under any
2152  of the following, regardless of whether the individual who engages in the conduct
2153  is actually charged with, or convicted of, the offense:
2154  (A) Title 76, Chapter 5, Part 4, Sexual Offenses;
2155  (B) child bigamy, Section 76-7-101.5;
2156  (C) incest, Section 76-7-102;
2157  (D) voyeurism, Section 76-12-306;
2158  (E) recorded or photographed voyeurism, Section 76-12-307; or
2159  (F) distribution of images obtained through voyeurism, Section 76-12-308; or
2160  (iv) subjecting a child to participate in or threatening to subject a child to participate
2161  in a sexual relationship, regardless of whether that sexual relationship is part of a
2162  legal or cultural marriage.
2163  (b) "Sexual abuse" does not include engaging in any conduct with a child that would
2164  constitute an offense described in:
2165  (i) Section 76-5-401, unlawful sexual activity with a minor, if the alleged perpetrator
2166  of the offense is a minor; or
2167  (ii) Section 76-5-417, enticing a minor.
2168     (81) "Sexual exploitation" means knowingly:
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2169        (a) employing, using, persuading, inducing, enticing, or coercing any child to:
2170  (i) pose in the nude for the purpose of sexual arousal of any individual; or
2171  (ii) engage in any sexual or simulated sexual conduct for the purpose of
2172  photographing, filming, recording, or displaying in any way the sexual or
2173  simulated sexual conduct;
2174        (b) displaying, distributing, possessing for the purpose of distribution, or selling material
2175  depicting a child:
2176  (i) in the nude, for the purpose of sexual arousal of any individual; or
2177  (ii) engaging in sexual or simulated sexual conduct; or
2178        (c) engaging in any conduct that would constitute an offense under Section 76-5b-201,
2179  sexual exploitation of a minor, or Section 76-5b-201.1, aggravated sexual
2180  exploitation of a minor, regardless of whether the individual who engages in the
2181  conduct is actually charged with, or convicted of, the offense.
2182    (82) "Shelter" means the temporary care of a child in a physically unrestricted facility
2183        pending a disposition or transfer to another jurisdiction.
2184    (83) "Shelter facility" means a nonsecure facility that provides shelter for a minor.
2185    (84) "Significant risk" means a risk of harm that is determined to be significant in
2186        accordance with risk assessment tools and rules established by the Division of Child and
2187        Family Services in accordance with Title 63G, Chapter 3, Utah Administrative
2188        Rulemaking Act, that focus on:
2189        (a) age;
2190        (b) social factors;
2191        (c) emotional factors;
2192        (d) sexual factors;
2193        (e) intellectual factors;
2194        (f) family risk factors; and
2195        (g) other related considerations.
2196    (85) "Single criminal episode" means the same as that term is defined in Section 76-1-401.
2197    (86) "Status offense" means an offense that would not be an offense but for the age of the
2198        offender.
2199    (87) "Substance abuse" means, except as provided in Section 80-2-603, the misuse or
2200        excessive use of alcohol or other drugs or substances.
2201    (88) "Substantiated" or "substantiation" means a judicial finding based on a preponderance
2202        of the evidence, and separate consideration of each allegation made or identified in the
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2203  case, that abuse, neglect, or dependency occurred.
2204     (89) "Substitute care" means:
2205  (a) the placement of a minor in a family home, group care facility, or other placement
2206  outside the minor's own home, either at the request of a parent or other responsible
2207  relative, or upon court order, when it is determined that continuation of care in the
2208  minor's own home would be contrary to the minor's welfare;
2209  (b) services provided for a minor in the protective custody of the Division of Child and
2210  Family Services, or a minor in the temporary custody or custody of the Division of
2211  Child and Family Services, as those terms are defined in Section 80-2-102; or
2212  (c) the licensing and supervision of a substitute care facility.
2213     (90) "Supported" means a finding by the Division of Child and Family Services based on
2214  the evidence available at the completion of an investigation, and separate consideration
2215  of each allegation made or identified during the investigation, that there is a reasonable
2216  basis to conclude that abuse, neglect, or dependency occurred.
2217     (91) "Termination of parental rights" means the permanent elimination of all parental rights
2218  and duties, including residual parental rights and duties, by court order.
2219     (92) "Therapist" means:
2220  (a) an individual employed by a state division or agency for the purpose of conducting
2221  psychological treatment and counseling of a minor in the division's or agency's
2222  custody; or
2223  (b) any other individual licensed or approved by the state for the purpose of conducting
2224  psychological treatment and counseling.
2225     (93) "Threatened harm" means actions, inactions, or credible verbal threats, indicating that
2226  the child is at an unreasonable risk of harm or neglect.
2227     (94) "Torture" means:
2228  (a) the infliction of a serious injury upon a child in an exceptionally cruel or
2229  exceptionally depraved manner that causes the child to experience extreme physical
2230  or psychological pain or anguish; or
2231  (b) the infliction of a serious injury, or more than one serious injury, upon a child as part
2232  of a course of conduct or over a prolonged period of time.
2233     (95) "Ungovernable" means a child in conflict with a parent or guardian, and the conflict:
2234  (a) results in behavior that is beyond the control or ability of the child, or the parent or
2235  guardian, to manage effectively;
2236  (b) poses a threat to the safety or well-being of the child, the child's family, or others; or
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2237        (c) results in the situations described in Subsections (95)(a) and (b).
2238    (96) "Unsubstantiated" means a judicial finding that there is insufficient evidence to
2239        conclude that abuse, neglect, or dependency occurred.
2240    (97) "Unsupported" means a finding by the Division of Child and Family Services at the
2241        completion of an investigation, after the day on which the Division of Child and Family
2242        Services concludes the alleged abuse, neglect, or dependency is not without merit, that
2243        there is insufficient evidence to conclude that abuse, neglect, or dependency occurred.
2244    (98) "Validated risk and needs assessment" means an evidence-based tool that assesses a
2245        minor's risk of reoffending and a minor's criminogenic needs.
2246    (99) "Without merit" means a finding at the completion of an investigation by the Division
2247        of Child and Family Services, or a judicial finding, that the alleged abuse, neglect, or
2248        dependency did not occur, or that the alleged perpetrator was not responsible for the
2249        abuse, neglect, or dependency.
2250    (100) "Youth offender" means an individual who is:
2251        (a) at least 12 years old, but under 21 years old; and
2252        (b) committed by the juvenile court to the Division of Juvenile Justice and Youth
2253  Services for secure care under Sections 80-6-703 and 80-6-705.
2254  Section 28. Section 81-1-101 is amended to read:
2255  81-1-101 . Definitions for title.
2256       As used in this title:
2257    (1) "Child" means, except as provided in Sections 81-5-102, 81-6-101, 81-8-102, and
2258        81-10-101, a son or daughter of any age.
2259    (2) "Court" means:
2260        (a) a judge; or
2261        (b) a court commissioner if the court commissioner has authority to hear the matter
2262  under Section 78A-5-107 or the Utah Rules of Judicial Administration.
2263    (3) "Custodial parent" means:
2264        (a) a parent awarded primary physical custody of a minor child by a court order;
2265        (b) if both parents have joint physical custody:
2266  (i) the parent awarded more overnights each year by a court order; or
2267  (ii) the parent designated as the custodial parent by a court order; or
2268        (c) if there is no court order, the parent with whom the minor child resides more than
2269  one-half of the calendar year without regard to any temporary parent-time.
2270    (4) "Minor child" means, except as provided in Section 81-6-101, a child who is younger
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2271  than 18 years old and is not emancipated.
2272     (5) "Noncustodial parent" means the parent who is not the custodial parent regardless of
2273  any designation of joint legal custody.
2274     (6) "Parent" means, except as provided in Section 81-13-211, an individual with an
2275  established parent-child relationship as [described in Section 81-5-201] defined in
2276  Section 81-5-102.
2277  Section 29. Section 81-2-302 is amended to read:
2278  81-2-302 . Marriage licenses -- Use within state -- Expiration.
2279     (1) A marriage may not be solemnized in this state without a license issued by the county
2280  clerk of any county of this state.
2281     (2)(a) A license issued within this state by a county clerk may only be used within this
2282  state.
2283  (b) A license is considered used within this state if the officiant is physically present in
2284  the state at the time of solemnization of the marriage.
2285  (c) A license is not considered used within this state when the parties to the marriage are
2286  not physically present in the state in the same location as the officiant, unless:
2287  (i) the county issuing the marriage license posts on the county's website, in writing, a
2288  sufficient warning that an online marriage solemnized in this state may be invalid
2289  in the country where the parties to the marriage reside; and
2290  (ii) the officiant reiterates the warning described in Subsection (2)(c)(i) verbatim
2291  immediately before solemnizing the marriage.
2292     (3) A warning described in Subsection (2)(c)(i) is considered sufficient if the warning:
2293  (a) appears prominently on the county's website and in the same location on the website
2294  as an application for a marriage license;
2295  (b) is in bold type of the same or larger font size as the text of the instructions for
2296  applying for a marriage license; and
2297  (c) is stated in full in at least English, Spanish, Portuguese, Tagalog, French, and
2298  Mandarin Chinese on the website.
2299     [(3)] (4) A marriage is considered solemnized if:
2300  (a) the parties to the marriage have a valid marriage license;
2301  (b) each party to the marriage willingly, and without duress, declares their intent to enter
2302  into the marriage;
2303  (c) each party to the marriage has filed all required affidavits with the county clerk that
2304  issued the marriage license as required under Subsection [81-2-303(4)(a)]
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2305  81-2-303(5)(a);
2306        (d) an officiant pronounces the parties as married; and
2307        (e) at least two individuals 18 years old or older witness the declarations of intent and
2308  the pronouncement.
2309    [(4)] (5) A license that is not used within 32 days after the day on which the license is issued
2310        is invalid.
2311  Section 30. Section 81-2-303 is amended to read:
2312  81-2-303 . Application for marriage license -- Contents.
2313    (1) A county clerk may issue a marriage license only after[:]
2314        [(a)] an application is filed with the county clerk's office, requiring the following
2315  information:
2316  [(i)] (a) the full names of the applicants, including the maiden or bachelor name of each
2317  applicant;
2318  [(ii)] (b) the social security numbers of the applicants, unless an applicant has not been
2319  assigned a number;
2320  [(iii)] (c) the current address of each applicant;
2321  [(iv)] (d) the date and place of birth, including the town or city, county, state or country,
2322  if possible;
2323  [(v)] (e) the names of the applicants' respective parents, including the maiden name of a
2324  mother;
2325  [(vi)] (f) the birthplaces of the applicants' respective parents, including the town or city,
2326  county, state or country, if possible; and
2327  [(vii)] (g) the age, legal name, and identity of each applicant is verified.
2328    (2) A power of attorney may not be used to secure a marriage license on behalf of a party to
2329        a marriage.
2330    (3)(a) If one or both of the applicants is a minor, the county clerk shall provide each
2331        minor with a standard petition on a form provided by the Judicial Council to be
2332        presented to the juvenile court to obtain the authorization required by Section
2333        81-2-304.
2334        (b) The form described in Subsection (3)(a) shall include:
2335  (i) all information described in Subsection (1);
2336  (ii) a place for the parent or legal guardian to indicate the parent or legal guardian's
2337  relationship to the minor in accordance with Subsection 81-2-304(1)(a);
2338  (iii) an affidavit for the parent or legal guardian to acknowledge the penalty described
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2339  in Section 81-2-304 signed under penalty of perjury;
2340  (iv) an affidavit for each applicant regarding the accuracy of the information
2341  contained in the marriage application signed under penalty of perjury; and
2342  (v) a place for the clerk to sign that indicates that the following have provided
2343  documentation to support the information contained in the form:
2344  (A) each applicant; and
2345  (B) the minor's parent or legal guardian.
2346     (4)(a) The social security numbers obtained under the authority of this section may not
2347  be recorded on the marriage license and are not open to inspection as a part of the
2348  vital statistics files.
2349  (b) The [Department of Health and Human Services, ]Office of Vital [Record] Records
2350  and Statistics shall, upon request, supply the social security numbers to the [
2351  Department of Health and Human Services, ]Office of Recovery Services.
2352  (c) The Office of Recovery Services may not use a social security number obtained
2353  under the authority of this section for any reason other than the administration of
2354  child support services.
2355     (5)(a) A county clerk may not issue a marriage license until the county clerk receives:
2356  (i) an affidavit from each party applying for the marriage license, stating that there is
2357  no lawful reason preventing the marriage; and
2358  (ii) if one of the parties will not be physically present in the state at the time of
2359  solemnization of the marriage, an affidavit from each party applying for the
2360  marriage license, stating that the party consents to personal jurisdiction of the
2361  state, and of the county issuing the marriage license, for the purposes of filing a
2362  divorce or annulment of the marriage.
2363  (b) A county clerk shall file and preserve each affidavit provided under this section.
2364  (c) A party who makes an affidavit described in Subsection [(4)(a)] (5)(a), or a
2365  subscribing witness to the affidavit, who falsely swears in the affidavit is guilty of
2366  perjury and may be prosecuted and punished as provided in Title 76, Chapter 8, Part
2367  5, Falsification in Official Matters.
2368     (6) A county clerk who knowingly issues a marriage license for any prohibited marriage is
2369  guilty of a class A misdemeanor.
2370  Section 31. Section 81-2-403 is amended to read:
2371  81-2-403 . Marriages prohibited and void.
2372     (1) [The following marriages are prohibited and declared void:] A marriage is prohibited
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2373        and void if:
2374        (a) [when ]there is a spouse living from whom the individual marrying has not been
2375  divorced;
2376        (b) except as provided in Subsection (2), the individual marrying is under 18 years old;
2377  or
2378        (c) between a divorced individual and any individual other than the one from whom the
2379  divorce was secured until:
2380  (i) the divorce decree becomes absolute; and
2381  (ii) if an appeal is taken, until after the affirmance of the divorce decree.
2382    (2) A marriage of an individual under 18 years old is not void if the individual:
2383        (a) is 16 or 17 years old and obtains consent from a parent or guardian and juvenile court
2384  authorization in accordance with Section 81-2-304; or
2385        (b) lawfully marries before May 14, 2019.
2386  Section 32. Section 81-4-104 is amended to read:
2387  81-4-104 . Temporary separation order.
2388    (1) An individual may file an action for a temporary separation order, without filing a
2389        petition for divorce, by filing a petition for temporary separation and motion for
2390        temporary orders if:
2391        (a) the individual is lawfully married to the individual from whom the separation is
2392  sought; and
2393        (b)(i) both parties are residents of the state for at least 90 days before the day on
2394  which the action is filed; or
2395  (ii) both parties to the marriage have consented to personal jurisdiction for divorce or
2396  annulment under Subsection [81-2-303(4)(a)(ii)] 81-2-303(5)(a)(ii).
2397    (2) The temporary orders are valid for one year after the day on which the hearing for the
2398        order is held or until one of the following occurs:
2399        (a) a petition for divorce is filed and consolidated with the petition for temporary
2400  separation; or
2401        (b) the case is dismissed.
2402    (3) If a petition for divorce is filed and consolidated with the petition for temporary
2403        separation, orders entered in the temporary separation shall continue in the consolidated
2404        case.
2405    (4)(a) If the parties to the temporary separation action have a minor child, the parties
2406        shall attend the divorce orientation course described in Section 81-4-105:
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2407  (i) for the petitioner, within 60 days after the day on which the petition is filed; and
2408  (ii) for the respondent, within 30 days after the day on which the respondent is served.
2409  (b) If the parties to the temporary separation action do not have a minor child, the parties
2410  may choose to attend the divorce orientation course described in Section 81-4-105.
2411  (c) The clerk of the court shall provide notice to a petitioner of the divorce orientation
2412  course requirement.
2413  (d) A petition shall include information regarding the divorce orientation course
2414  requirement when the petition is served on the respondent.
2415     (5) For a party that is unable to pay the costs of the divorce orientation course, and before
2416  the court enters a decree of divorce in the action, the court shall:
2417  (a) make a final determination of indigency; and
2418  (b) order the party to pay the costs of the divorce orientation course if the court
2419  determines the party is not indigent.
2420     (6)(a) Except for a temporary restraining order under [Rule 65A of the ]Utah Rules of
2421  Civil Procedure, Rule 65A, a party may file, but the court may not hear, a motion for
2422  an order related to the temporary separation petition until the moving party completes
2423  the divorce orientation course.
2424  (b) It is an affirmative defense in a temporary separation action that a party has not
2425  completed the divorce orientation course and the action may not continue until a
2426  party has complied with the divorce orientation course.
2427     (7)(a) Notwithstanding Subsections (4) and (6)(b), the court may waive the requirement
2428  that the parties attend the divorce orientation course, on the court's own motion or on
2429  the motion of one of the parties, if the court determines course attendance and
2430  completion are not necessary, appropriate, feasible, or in the best interest of the
2431  parties.
2432  (b) If the requirement is waived, the court may permit the temporary separation action to
2433  proceed.
2434     (8) The petitioner shall serve the petition for a temporary separation order in accordance
2435  with the Utah Rules of Civil Procedure.
2436     (9) If a party files for divorce within one year after the day on which the petition for
2437  temporary separation is filed, the filing fee for a petition for temporary separation shall
2438  be credited towards the filing fee for a divorce.
2439  Section 33. Section 81-5-102 is amended to read:
2440  81-5-102 . Definitions for chapter.
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2441       As used in this chapter:
2442    (1) "Adjudicated father" means a man who has been adjudicated by a tribunal to be the
2443        father of a child.
2444    (2) "Alleged father" means a man who alleges himself to be, or is alleged to be, the genetic
2445        father or a possible genetic father of a child, but whose paternity has not been
2446        determined.
2447    (3)(a) "Assisted reproduction" means a method of causing pregnancy other than sexual
2448        intercourse.
2449        (b) "Assisted reproduction" includes:
2450  (i) intrauterine insemination;
2451  (ii) donation of eggs;
2452  (iii) donation of embryos;
2453  (iv) in vitro fertilization and transfer of embryos; or
2454  (v) intracytoplasmic sperm injection.
2455    (4)(a) "Birth mother" means the woman [that] who gives birth to the child.
2456        (b) "Birth mother" does not include a gestational mother.
2457    (5) "Child" means an individual of any age whose parentage may be determined under this
2458        chapter.
2459    (6) "Child support" means the same as that term is defined in Section 81-6-101.
2460    (7) "Child support services agency" means a public official or agency authorized under
2461        Title IV-D of the Social Security Act that has the authority to seek:
2462        (a) enforcement of support orders or laws relating to the duty of support;
2463        (b) establishment or modification of child support;
2464        (c) determination of parentage; or
2465        (d) location of child-support obligors and their income and assets.
2466    (8) "Commence" means to file the initial pleading seeking an adjudication of parentage in
2467        the appropriate tribunal of this state.
2468    (9) "Declarant father" means a male who:
2469        (a) along with the birth mother, claims to be the genetic father of a child; and
2470        (b) signs a voluntary declaration of paternity to establish the man's parentage.
2471    (10) "Determination of parentage" means the establishment of the parent-child relationship
2472        by:
2473        (a) the signing of a valid declaration of paternity under Part 3, Voluntary Declaration of
2474  Paternity; or
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2475  (b) adjudication by a tribunal.
2476     (11)(a) "Donor" means an individual who produces eggs or sperm used for assisted
2477  reproduction, whether or not for consideration.
2478  (b) "Donor" does not include:
2479  (i) a husband who provides sperm, or a wife who provides eggs, to be used for
2480  assisted reproduction by the wife;
2481  (ii) a woman who gives birth to a child by means of assisted reproduction, except as
2482  otherwise provided in Part 8, Gestational Agreement;
2483  (iii) a parent under Part 7, Assisted Reproduction; or
2484  (iv) an intended parent under Part 8, Gestational Agreement.
2485     (12) "Ethnic or racial group" means, for purposes of genetic testing, a recognized group that
2486  an individual identifies as all or part of the individual's ancestry or that is so identified
2487  by other information.
2488     (13) "Financial support" means:
2489  (a) a base child support award as defined in Section 81-6-101;
2490  (b) all past-due support that accrues under an order for current periodic payments; and
2491  (c) sum certain judgments for past-due support.
2492     (14)(a) "Genetic testing" means an analysis of genetic markers to exclude or identify a
2493  man as the father or a woman as the mother of a child.
2494  (b) "Genetic testing" includes an analysis of one or a combination of the following:
2495  (i) deoxyribonucleic acid; or
2496  (ii) blood-group antigens, red-cell antigens, human-leukocyte antigens, serum
2497  enzymes, serum proteins, or red-cell enzymes.
2498     (15) "Gestational mother" means a woman who:
2499  (a) is 18 years old or older; and
2500  (b) gives birth to a child under a gestational agreement.
2501     (16) "Man" means a male individual of any age.
2502     (17) "Obligee" means the same as that term is defined in Section 81-6-101.
2503     (18) "Obligor" means the same as that term is defined in Section 81-6-101.
2504     (19) "Parentage" means a parent-child relationship.
2505     (20)(a) "Parent-child relationship" means the legal relationship between a child and a
2506  parent of the child as described in Section 81-5-201.
2507  (b) "Parent-child relationship" includes:
2508  (i) the mother-child relationship; or
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2509  (ii) the father-child relationship.
2510    (21) "Parentage index" means the likelihood of paternity calculated by computing the ratio
2511        between:
2512        (a) the likelihood that the tested man is the father, based on the genetic markers of the
2513  tested man and child, conditioned on the hypothesis that the tested man is the father
2514  of the child; and
2515        (b) the likelihood that the tested man is not the father, based on the genetic markers of
2516  the tested man and child, conditioned on the hypothesis that the tested man is not the
2517  father of the child and that the father is of the same ethnic or racial group as the
2518  tested man.
2519    (22) "Presumed father" means a man who, by operation of law under Section 81-5-204, is
2520        recognized as the father of a child until that status is rebutted or confirmed in accordance
2521        with this chapter.
2522    (23) "Probability of parentage" means the measure, for the ethnic or racial group to which
2523        the alleged father belongs, of the probability that the man in question is the father of the
2524        child, compared with a random, unrelated man of the same ethnic or racial group,
2525        expressed as a percentage incorporating the parentage index and a prior probability.
2526    (24) "Record" means information that is inscribed on a tangible medium or that is stored in
2527        an electronic or other medium and is retrievable in perceivable form.
2528    (25) "Signatory" means an individual who authenticates a record and is bound by the
2529        record's terms.
2530    (26) "State" means a state of the United States, the District of Columbia, Puerto Rico, the
2531        United States Virgin Islands, any territory, Native American Tribe, or insular possession
2532        subject to the jurisdiction of the United States.
2533    (27) "Support" means the same as that term is defined in Section 81-6-101.
2534    (28) "Tribunal" means a court of law, administrative agency, or quasi-judicial entity
2535        authorized to establish, enforce, or modify support orders or to determine parentage.
2536    (29) "Unmarried biological father" means the same as that term is defined in Section
2537        81-13-101.
2538  Section 34. Section 81-5-204 is amended to read:
2539  81-5-204 . Presumption of parentage.
2540    (1) A man is presumed to be the father of a child if:
2541        (a) the man and the birth mother of the child are married to each other and the child is
2542  born during the marriage;
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2543  (b) the man and the birth mother of the child were married to each other and the child is
2544  born within 300 days after the marriage is terminated by death, annulment,
2545  declaration of invalidity, or divorce, or after a decree of separation;
2546  (c) before the birth of the child, the man and the birth mother of the child married each
2547  other in apparent compliance with law, even if the attempted marriage is or could be
2548  declared invalid, and the child is born during the invalid marriage or within 300 days
2549  after the marriage's termination by death, annulment, declaration of invalidity, or
2550  divorce or after a decree of separation; or
2551  (d) after the birth of the child, the man and the birth mother of the child married each
2552  other in apparent compliance with law, whether [or not ]the marriage is, or could be
2553  declared, invalid, the man voluntarily asserted the man's parentage of the child, and
2554  there is no other presumptive father of the child, and:
2555  (i) the assertion is in a record filed with the Office of Vital Records and Statistics;
2556  (ii) the man agreed to be and is named as the child's father on the child's birth
2557  certificate; or
2558  (iii) the man promised in a record to support the child as his own.
2559     (2) A man is not presumed to be the father of a child not named in a divorce decree if:
2560  (a) the child was born at the time of entry of the divorce decree; and
2561  (b) there are children named in the divorce decree and the children have a mother-child
2562  relationship described in Section 81-5-201 with the same mother as the child.
2563     [(2)] (3) A presumption of parentage established under this section may only be rebutted in
2564  accordance with Section 81-5-607.
2565     [(3)] (4) If a child has an adjudicated father, the results of genetic testing are inadmissable to
2566  challenge parentage except as described in Section 81-5-607.
2567  Section 35. Section 81-5-608 is amended to read:
2568  81-5-608 . Authority to deny motion for genetic testing or disregard test results.
2569     [(1) In a proceeding to adjudicate the parentage of a child having a presumed father or to
2570  challenge the parentage of a child having a declarant father, the tribunal may deny a
2571  motion seeking an order for genetic testing of the birth mother, the child, and the
2572  presumed or declarant father, or if testing has been completed, the tribunal may
2573  disregard genetic test results that exclude the presumed or declarant father if the tribunal
2574  determines that:]
2575     (1) As used in this section, "possible father" means a man who had a sexual relationship
2576  with the birth mother of a child that gave rise to a reasonable belief that the man was the
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2577        genetic father of the child.
2578    (2) In a proceeding to adjudicate the parentage of a child, the tribunal may:
2579        (a) deny a motion seeking an order for genetic testing; or
2580        (b) disregard the genetic test results that exclude the presumed father, declarant father, or
2581  possible father if testing has been completed and the tribunal determines that:
2582  [(a)] (i) the conduct of the birth mother or [the presumed or declarant father] the
2583  presumed father, declarant father, or possible father estops that party from
2584  denying parentage; and
2585  [(b)] (ii) it would be inequitable to disrupt the parent-child relationship between the
2586  child and [the presumed or declarant father] the presumed father, declarant father,
2587  or possible father.
2588    [(2)] (3) In determining whether to deny a motion seeking an order for genetic testing or to
2589        disregard genetic test results under this section, the tribunal shall consider the best
2590        interest of the child, including the following factors:
2591        (a) the length of time between the proceeding to adjudicate parentage and the time that [
2592  the presumed or declarant father] the presumed father, declarant father, or possible
2593  father was placed on notice that [the presumed or declarant father] the presumed
2594  father, declarant father, or possible father might not be the genetic father of the child;
2595        (b) the length of time during which [the presumed or declarant father] the presumed
2596  father, declarant father, or possible father has assumed the role of parent of the child;
2597        (c) the facts surrounding [the presumed or declarant father's] the presumed father's,
2598  declarant father's, or possible father's discovery of the [father's] their possible
2599  nonparentage;
2600        (d) the nature of the relationship between the child and [the presumed or declarant father]
2601  the presumed father, declarant father, or possible father;
2602        (e) the age of the child;
2603        (f) the harm that may result to the child if presumed or declared parentage is
2604  successfully disestablished;
2605        (g) the nature of the relationship between the child and any alleged father;
2606        (h) the extent to which the passage of time reduces the chances of establishing the
2607  parentage of another individual and a child-support obligation in favor of the child;
2608  and
2609        (i) other factors that may affect the equities arising from the disruption of the
2610  parent-child relationship between the child and [the presumed or declarant father] the
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2611  presumed father, declarant father, or possible father or the chance of other harm to
2612  the child.
2613     [(3)] (4) If the tribunal denies a motion seeking an order for genetic testing or disregards
2614  genetic test results that exclude [the presumed or declarant father] the presumed father,
2615  declarant father, or possible father, the tribunal shall issue an order adjudicating [the
2616  presumed or declarant father] the presumed father, declarant father, or possible father to
2617  be the father of the child.
2618  Section 36. Section 81-5-609 is amended to read:
2619  81-5-609 . Limitation -- Child having declarant father.
2620     (1) If a child has a declarant father, a signatory to the declaration of paternity or denial of [
2621  parentage] paternity or a child support services agency may commence a proceeding
2622  seeking to rescind the declaration or denial or challenge the parentage of the child only
2623  within the time allowed under Section 81-5-306 or 81-5-307.
2624     (2) A proceeding under this section is subject to the application of the principles of estoppel
2625  established in Section 81-5-608.
2626  Section 37. Section 81-5-705 is amended to read:
2627  81-5-705 . Limitation on husband's dispute of paternity.
2628     (1) Except as otherwise provided in Subsection (2), the husband of a wife who gives birth
2629  to a child by means of assisted reproduction may not challenge the husband's paternity
2630  of the child unless:
2631  (a) within two years after learning of the birth of the child the husband commences a
2632  proceeding to adjudicate the husband's paternity; and
2633  (b) the tribunal finds that the [spouse] husband did not consent to the assisted
2634  reproduction, before or after the birth of the child.
2635     (2) A proceeding to adjudicate paternity may be maintained at any time if the tribunal
2636  determines that:
2637  (a) the husband did not provide sperm for, or before or after the birth of the child
2638  consent to, assisted reproduction by the husband's wife;
2639  (b) the husband and the birth mother of the child have not cohabited since the probable
2640  time of assisted reproduction; and
2641  (c) the husband never openly treated the child as the husband's own.
2642     (3) The limitation provided in this section applies to a marriage declared invalid after
2643  assisted reproduction.
2644  Section 38. Section 81-6-101 is amended to read:
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2645  81-6-101 . Definitions for chapter.
2646       As used in this chapter:
2647    (1) "Administrative agency" means the Office of Recovery Services or the Department of
2648        Health and Human Services.
2649    (2) "Administrative order" means the same as that term is defined in Section 26B-9-201.
2650    (3) "Alimony" means the same as that term is defined in Section 81-4-101.
2651    (4) "Base child support award" means the award that may be ordered and is calculated
2652        using the child support guidelines before additions for medical expenses and
2653        work-related child care costs.
2654    (5) "Base combined child support obligation" means the presumed amount of child support
2655        that the parents should provide for their child as described in Subsection 81-6-204(1).
2656    (6) "Base combined child support obligation table" means the table described in Section
2657        81-6-304.
2658    (7) "Child" means:
2659        (a) a son or daughter who is under 18 years old and who is not otherwise emancipated,
2660  self-supporting, married, or a member of the armed forces of the United States;
2661        (b) a son or daughter who is 18 years old or older while enrolled in high school during
2662  the normal and expected year of graduation and not otherwise emancipated,
2663  self-supporting, married, or a member of the armed forces of the United States; or
2664        (c) a son or daughter of any age who is incapacitated from earning a living and, if able to
2665  provide some financial resources to the family, is not able to support self by own
2666  means.
2667    (8)(a) "Child support" means a base child support award, or a monthly financial award
2668        for uninsured medical expenses, ordered by a tribunal for the support of a child.
2669        (b) "Child support" includes current periodic payments, arrearages that accrue under an
2670  order for current periodic payments, and sum certain judgments awarded for
2671  arrearages, medical expenses, and child care costs.
2672    (9) "Child support guidelines" means the calculation and application of child support as
2673        described in Part 2, Calculation and Adjustment of Child Support.
2674    (10) "Child support order" means a judgment, decree, or order issued by a tribunal whether
2675        temporary, final, or subject to modification, that:
2676        (a) establishes or modifies child support;
2677        (b) reduces child support arrearages to judgment; or
2678        (c) establishes child support or registers a child support order under Chapter 8, Uniform
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2679  Interstate Family Support Act.
2680     (11) "Child support tables" means the tables described in [Part 3, Child Support Tables]
2681  Sections 81-6-304 and 81-6-305.
2682     (12) "Child support services" means the same as that term is defined in Section 26B-9-101.
2683     (13) "Gross income" means the amount of income calculated for a parent as described in
2684  Section 81-6-203.
2685     (14) "Health care coverage" means coverage under which medical services are provided to
2686  a child through:
2687  (a) fee for service;
2688  (b) a health maintenance organization;
2689  (c) a preferred provider organization;
2690  (d) any other type of private health insurance; or
2691  (e) public health care coverage.
2692     (15)(a) "Incarceration" means the placement of an obligor who has been ordered to pay
2693  child support into a carceral setting in which the obligor is not permitted to earn
2694  wages from employment outside of the carceral setting.
2695  (b) "Incarceration" does not include being placed on probation, parole, or work release.
2696     (16)(a) "Income" means earnings, compensation, or other payment due to an individual,
2697  regardless of source, whether denominated as wages, salary, commission, bonus, pay,
2698  allowances, contract payment, or otherwise, including severance pay, sick pay, and
2699  incentive pay.
2700  (b) "Income" includes:
2701  (i) all gain derived from capital assets, labor, or both, including profit gained through
2702  sale or conversion of capital assets;
2703  (ii) interest and dividends;
2704  (iii) periodic payments made under pension or retirement programs or insurance
2705  policies of any type;
2706  (iv) unemployment compensation benefits;
2707  (v) workers' compensation benefits; and
2708  (vi) disability benefits.
2709     (17) "Joint physical custody" means the same as that term is defined in Section 81-9-101.
2710     (18) "Low income table" means the table described in Section 81-6-305.
2711     (19) "Medical expenses" means health and dental expenses and related insurance costs.
2712     (20) "Minimal child care award" means a minimum amount that an obligor has to pay each
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2713        month for the monthly expense of child care.
2714    [(20)] (21) "Minor child" means a child who is younger than 18 years old.
2715    [(21)] (22) "Obligee" means an individual, this state, another state, or another comparable
2716        jurisdiction to whom child support is owed or who is entitled to reimbursement of child
2717        support or public assistance.
2718    [(22)] (23) "Obligor" means a person owing a duty of support.
2719    [(23)] (24) "Office" means the Office of Recovery Services within the Department of Health
2720        and Human Services.
2721    [(24)] (25) "Ongoing expense for child care" means a periodic payment that an
2722        administrative agency or court orders an obligor parent to pay to assist with the child
2723        care expenses of the obligor parent's child.
2724    [(25)] (26) "Pregnancy expenses" means an amount equal to:
2725        (a) the sum of a pregnant mother's:
2726  (i) health insurance premiums while pregnant that are not paid by an employer or
2727  government program; and
2728  (ii) medical costs related to the pregnancy, incurred after the date of conception and
2729  before the pregnancy ends; and
2730        (b) minus any portion of the amount described in Subsection [(25)(a)] (26)(a) that a court
2731  determines is equitable based on the totality of the circumstances, not including any
2732  amount paid by the mother or father of the child.
2733    [(26)] (27) "Split custody" means that each parent has physical custody of at least one of the
2734        children.
2735    [(27)] (28) "State" means a state, territory, possession of the United States, the District of
2736        Columbia, the Commonwealth of Puerto Rico, Native American tribe, or other
2737        comparable domestic or foreign jurisdiction.
2738    [(28)] (29) "Support" means past-due, present, and future obligations to provide for the
2739        financial support, maintenance, or medical expenses of a child.
2740    [(29)] (30) "Support order" means:
2741        (a) a child support order; or
2742        (b) a judgment, decree, or order by a tribunal, whether temporary, final, or subject to
2743  modification, for alimony.
2744    [(30)] (31) "Suspension" means adjusting a child support order to zero dollars during the
2745        period of an obligor's incarceration.
2746    [(31)] (32) "Temporary" means a period of time that is projected to be less than 12 months
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2747  in duration.
2748     [(32)] (33) "Third party" means an agency or a person other than a parent or a child who
2749  provides care, maintenance, and support to a child.
2750     [(33)] (34) "Tribunal" means the district court, the Department of Health and Human
2751  Services, Office of Recovery Services, or court or administrative agency of a state,
2752  territory, possession of the United States, the District of Columbia, the Commonwealth
2753  of Puerto Rico, Native American tribe, or other comparable domestic or foreign
2754  jurisdiction.
2755     [(34)] (35) "Work-related child care expenses" means reasonable child care costs for up to a
2756  full-time work week or training schedule as necessitated by the employment or training
2757  of a parent.
2758     [(35)] (36) "Worksheet" means a form used to aid in calculating the base child support
2759  award.
2760  Section 39. Section 81-6-202 is amended to read:
2761  81-6-202 . Determination of amount of child support -- Application of child
2762     support guidelines -- Requirements for child support order.
2763     (1)(a) If a prior child support order does not exist, a substantial change in circumstances
2764  has occurred, or a petition to modify a child support order as described in Section
2765  81-6-212 is filed, the court determining the amount of prospective child support shall
2766  require each party to file a proposed award of child support using the child support
2767  guidelines before the court enters or modifies a child support order.
2768  (b) When no prior child support order exists, the court or administrative agency shall
2769  determine and assess all arrearages based upon the child support guidelines.
2770     (2)(a) The court or administrative agency shall apply the child support guidelines as a
2771  rebuttable presumption in establishing or modifying the amount of temporary or
2772  permanent child support.
2773  (b) The rebuttable presumption means the provisions and considerations required by the
2774  child support guidelines, the award amounts resulting from the application of the
2775  child support guidelines, and the use of worksheets consistent with the child support
2776  guidelines are presumed to be correct, unless the child support guidelines are rebutted
2777  in accordance with this section.
2778     (3)(a) A written finding or specific finding on the record supporting the conclusion that
2779  complying with a provision of the child support guidelines or ordering an award
2780  amount resulting from use of the child support guidelines would be unjust,
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2781        inappropriate, or not in the best interest of a child in a particular case is sufficient to
2782        rebut the presumption in that case.
2783        (b) If an order rebuts the presumption through findings, the order is considered a
2784  deviated order.
2785    (4) The following are considered deviations from the child support guidelines, if:
2786        (a) the order includes a written finding that the order is a deviation from the child
2787  support guidelines;
2788        (b) the worksheet has:
2789  (i) the box checked for a deviation; and
2790  (ii) an explanation as to the reason; or
2791        (c) the deviation is made because there were more children than provided for in the child
2792  support tables.
2793    (5) If the amount in the order and the amount on the worksheet differ by $10 or more:
2794        (a) the order is considered deviated; and
2795        (b) the incomes listed on the worksheet may not be used in adjusting support for
2796  emancipation as described in Section 81-6-213.
2797    (6) If the court finds sufficient evidence to rebut the guidelines as described in Subsection
2798        (3), the court shall establish child support after considering all relevant factors, including:
2799        (a) the standard of living and situation of the parties;
2800        (b) the relative wealth and income of the parties;
2801        (c) the ability of the obligor to earn;
2802        (d) the ability of the obligee to earn;
2803        (e) the ability of an incapacitated adult child to earn, or other benefits received by the
2804  adult child or on the adult child's behalf including Supplemental Security Income;
2805        (f) the needs of the obligee, the obligor, and the child;
2806        (g) the ages of the parties; and
2807        (h) the responsibilities of the obligor and the obligee for the support of others.
2808    (7)(a) If there are children of either parent who live in the home of that parent and are
2809        not children in common to both parties, the court or administrative agency, at the
2810        option of either party, may take into account the children under the child support
2811        guidelines in setting a base child support award as described in Subsection (8).
2812        (b) Additional worksheets shall be prepared that calculate the base child support award
2813  of the respective parents for the additional children.
2814        (c) The court or administrative agency shall subtract the base child support award
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2815  calculated under Subsection (7)(b) from the appropriate parent's income before
2816  determining the award in the case described in Subsection (7)(a).
2817     (8) In a proceeding to adjust or modify a child support order, the court or administrative
2818  agency may consider children, who are born after the entry of the child support order
2819  and are not in common to both parties, to mitigate an increase in the award, but the court
2820  or administrative agency may not consider the children:
2821  (a) for the benefit of the obligee if the credit would increase the support obligation of the
2822  obligor from the most recent child support order; or
2823  (b) for the benefit of the obligor if the amount of support received by the obligee would
2824  be decreased from the most recent child support order.
2825     (9) A stipulated amount for child support or combined child support and alimony is
2826  adequate under the child support guidelines if the stipulated child support amount or
2827  combined amount equals or exceeds the base child support award required by the child
2828  support guidelines.
2829     (10) The court shall include the following provisions in a child support order:
2830  (a) a provision establishing the monthly amount of child support obligation for each
2831  parent in accordance with the child support guidelines;
2832  (b) a provision assigning responsibility for the payment of reasonable and necessary
2833  medical expenses for the child as described in Section 81-6-208;
2834  (c) a provision requiring the purchase and maintenance of appropriate health care
2835  insurance for the medical expenses of the child as described in Section 81-6-208 if
2836  health care insurance is or becomes available at a reasonable cost;
2837  (d) a provision regarding the child care expenses [and costs ]as described in Section
2838  81-6-209;
2839  (e) a provision regarding each parent's right to claim a child as a tax exemption for
2840  federal and state income tax purposes in accordance with Section 81-6-210;
2841  (f) provisions for income withholding as a means of collecting child support, in
2842  accordance with Title 26B, Chapter 9, Part 3, Income Withholding in IV-D Cases,
2843  and Title 26B, Chapter 9, Part 4, Income Withholding in Non IV-D Cases; and
2844  (g) a provision regarding a parent's opportunity to adjust a child support order as
2845  described in Section 81-6-212.
2846     (11) The office shall include the provisions described in Section 26B-9-224 in a child
2847  support order.
2848  Section 40. Section 81-6-203 is amended to read:
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2849  81-6-203 . Determination of gross income for child support -- Imputing income to
2850    a parent.
2851    (1)(a) Each parent shall provide verification of current income to the court or
2852        administrative agency.
2853        (b) Each parent shall provide year-to-date pay stubs or employer statements and
2854  complete copies of tax returns from at least the most recent year, unless the court
2855  finds the verification is not reasonably available.
2856        (c) Verification of income from records maintained by the Department of Workforce
2857  Services may be substituted for pay stubs, employer statements, and income tax
2858  returns.
2859    (2)(a) To calculate gross income of a parent, the court or administrative agency may
2860        include:
2861  (i) prospective income of the parent, including income from earned and nonearned
2862  sources, such as salaries, wages, commissions, royalties, bonuses, rents, gifts from
2863  anyone, prizes, dividends, severance pay, pensions, interest, trust income, alimony
2864  from previous marriages, annuities, capital gains, Social Security benefits, worker
2865  compensation benefits, unemployment compensation, income replacement
2866  disability insurance benefits, Social Security Disability Insurance, and payments
2867  from nonmeans-tested government programs; and
2868  (ii) income imputed to the parent as described in Subsection (6).
2869        (b) Income from earned income sources is limited to the equivalent of one full-time
2870  40-hour job.
2871        (c) If and only if during the time before the original support order, the parent normally
2872  and consistently worked more than 40 hours at the parent's job, the court may
2873  consider this extra time as a pattern in calculating the parent's ability to provide child
2874  support.
2875    (3)(a) The court or administrative agency shall use historical and current earnings to
2876        determine whether an underemployment or overemployment situation exists.
2877        (b) When establishing or modifying a child support order for an obligor who is a parent
2878  and incarcerated, the office shall follow the requirements of Section 81-6-211.5.
2879    (4)(a) To calculate income from self-employment or operation of a business, the court or
2880        administrative agency:
2881  (i) shall calculate gross income from self-employment or operation of a business by
2882  subtracting necessary expenses required for self-employment or business
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2883  operation from gross receipts;
2884  (ii) shall review income and expenses from self-employment or operation of a
2885  business to determine an appropriate level of gross income available to the parent
2886  to satisfy a child support award; and
2887  (iii) may only deduct those expenses necessary to allow the business to operate at a
2888  reasonable level from gross receipts.
2889  (b) Gross income determined under this Subsection (4) may differ from the amount of
2890  business income determined for tax purposes.
2891     (5) When possible, the court or administrative agency shall determine the average monthly
2892  gross income for each parent by:
2893  (a) calculating the gross income of each parent on an annual basis; and
2894  (b) dividing the annual gross income for each parent by 12.
2895     (6)(a) The court or administrative agency may not impute income to a parent unless the
2896  parent stipulates to the amount imputed, the parent defaults, or, in contested cases, a
2897  hearing is held and the court or administrative agency enters findings of fact as to the
2898  evidentiary basis for the imputation.
2899  (b) If income is imputed to a parent, the court or administrative agency shall base
2900  income upon employment potential and probable earnings considering, to the extent
2901  known:
2902  (i) employment opportunities;
2903  (ii) work history;
2904  (iii) occupation qualifications;
2905  (iv) educational attainment;
2906  (v) literacy;
2907  (vi) age;
2908  (vii) health;
2909  (viii) criminal record;
2910  (ix) other employment barriers and background factors; and
2911  (x) prevailing earnings and job availability for persons of similar backgrounds in the
2912  community.
2913  (c) If a parent has no recent work history or a parent's occupation is unknown, the court
2914  or administrative agency may impute an income to that parent at the federal
2915  minimum wage for a 40-hour work week.
2916  (d) To impute a greater or lesser income, the court or administrative agency shall enter
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2917  specific findings of fact as to the evidentiary basis for the imputation.
2918        (e) The court or administrative agency may not impute income to a parent if any of the
2919  following conditions exist and the condition is not of a temporary nature:
2920  (i) the reasonable costs of child care for the parents' minor child approach or equal
2921  the amount of income the custodial parent can earn;
2922  (ii) a parent is physically or mentally unable to earn minimum wage;
2923  (iii) a parent is engaged in career or occupational training to establish basic job skills;
2924  or
2925  (iv) unusual emotional or physical needs of a child require the custodial parent's
2926  presence in the home.
2927    (7) Notwithstanding Subsection (2), the court or administrative agency may not include the
2928        following sources of income when calculating the gross income of a parent:
2929        (a) cash assistance provided under Title 35A, Chapter 3, Part 3, Family Employment
2930  Program;
2931        (b) benefits received under a housing subsidy program, the Job Training Partnership Act,
2932  Supplemental Security Income, [Social Security Disability Insurance, ]Medicaid,
2933  SNAP benefits, or General Assistance;
2934        (c) other similar means-tested welfare benefits received by a parent;
2935        (d) the earned income of a child who is the subject of a child support award; or
2936        (e) except as otherwise provided in Subsection (8), the benefits to a child in the child's
2937  own right, such as Supplemental Security Income.
2938    (8)(a) The court or administrative agency shall credit, as child support, the amount of
2939        social security benefits received by a child due to the earnings of the parent on whose
2940        earning record the social security benefits are based by crediting the amount against
2941        the potential obligation of that parent.
2942        (b) The court or administrative agency may consider other unearned income of a child as
2943  income of a parent depending upon the circumstances of each case.
2944  Section 41. Section 81-6-209 is repealed and reenacted to read:
2945  81-6-209 . Requirements for a child support order regarding child care expenses
2946    -- Actual expenses.
2947    (1)(a) Except as otherwise provided in this section, the court or administrative agency
2948        shall require in a child support order that:
2949  (i) each parent share equally the reasonable work-related child care expenses of the
2950  parents; and
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2951  (ii) the obligor pay a minimal child care award to the obligee if the court or
2952  administrative agency is entering or modifying the child support order on or after
2953  January 1, 2027.
2954  (b) The court or administrative agency may not order a minimal child care award under
2955  Subsection (1)(a)(ii) if the obligor's child support obligation is calculated using the
2956  low income table.
2957     (2)(a) The court or administrative agency shall presume under Subsection (1) that
2958  work-related child care expenses should be included in a child support order if a
2959  parent, during extended parent-time, is working and actually incurring expenses for
2960  child care.
2961  (b) The presumption under Subsection (2)(a) is rebutted if:
2962  (i) the obligor's base child support award, in combination with the award of medical
2963  expenses, exceeds 50% of the obligor's adjusted gross income; or
2964  (ii) by adding the child care expenses, the obligor's child support obligation would
2965  exceed 50% of the obligor's adjusted gross income.
2966     (3)(a) The court or administrative agency may award child care expenses on a
2967  case-by-case basis if the child care expenses are related to the employment and
2968  occupational training of the custodial parent or the child care expenses would be in
2969  the interest of justice.
2970  (b) The court or administrative agency may assign financial responsibility in a child
2971  support order for all or a portion of child care expenses incurred on behalf of a child
2972  due to the employment or occupational training of the custodial parent.
2973     (4)(a) The court or administrative agency may impute a monthly obligation for child
2974  care expenses when the court imputes income to a parent who is providing child care
2975  for the child so that the parties are not incurring child care expenses for the child.
2976  (b) The court shall apply any monthly obligation imputed under Subsection (4)(a)
2977  towards any actual child care expenses incurred within the same month for the child.
2978     (5)(a) The court shall require each party to file a proposed minimal child care award
2979  before the court makes a determination under Subsection (1)(a)(ii).
2980  (b) To calculate a minimal child care award under Subsection (1)(a)(ii), the court or
2981  administrative agency shall:
2982  (i) use the combined adjusted average monthly gross income of the parents as
2983  calculated for the base child support award under Section 81-6-204; and
2984  (ii) locate the minimal child care award for each child in the minimal child care
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2985  award table in Section 81-6-306 by finding:
2986  (A) the combined adjusted average monthly gross income in the table;
2987  (B) the age of the child in the table; and
2988  (C) combining the amounts in the table for each child to determine the minimal
2989  child care award.
2990        (c) The court or administrative agency shall presume that the amount calculated under
2991  Subsection (5)(b) for the minimal child care award is the amount that the obligor
2992  should pay under Subsection (1)(a)(ii).
2993        (d) The presumption described in Subsection (5)(c) is rebuttable upon:
2994  (i) an agreement of the parties that is acceptable to the court or administrative agency;
2995  (ii) the court or administrative agency determining that the evidence presented favors
2996  a different minimal child care award; or
2997  (iii) a showing, by a preponderance of the evidence, that a different minimal child
2998  care award is in the best interest of the child.
2999        (e) Notwithstanding Subsection (5)(b) or (c), the court or administrative agency may set
3000  the minimal child care award under Subsection (1)(a)(ii) at zero dollars upon a
3001  showing, by a preponderance of the evidence, that child care expenses will not be
3002  incurred.
3003        (f) If a child is in the custody of the state and placed in a facility that is managed by the
3004  state, the obligor does not owe the child's portion of the minimal child care award for
3005  any month that the child is in the facility.
3006        (g) If a minimal child care award is calculated using the minimal child care award table
3007  in Section 81-6-306, the minimal child care award in a child support order shall be
3008  automatically adjusted to the appropriate amount in the minimal child care award
3009  table as the child ages without the need of the court or administrative agency to
3010  modify the order.
3011        (h) The minimal child care award for a child shall terminate at the earlier of:
3012  (i) the child turning 13 years old; or
3013  (ii) the child becoming emancipated as that term is defined in Section 81-6-213.
3014    (6) In the absence of a court order to the contrary, a parent who incurs a child care expense
3015        shall provide written verification of the expense and identity of a child care provider to
3016        the other parent upon initial engagement of a provider and thereafter on the request of
3017        the other parent.
3018    (7)(a) In the absence of a court order to the contrary, the parent shall notify the other
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3019  parent of any change of a child care provider, any change in the monthly expense of
3020  child care, or the termination of child care within 30 calendar days after the day on
3021  which the change occurred.
3022  (b) The notification requirement described in Subsection (7)(a) does not apply if there is
3023  a protective order or stalking injunction in effect that prohibits a parent from
3024  contacting the other parent.
3025     (8) The court may deny a parent incurring work-related child care expenses the right to
3026  receive credit for the expenses or to recover the other parent's share of the expenses if
3027  the parent incurring the expenses fails to comply with this section.
3028  Section 42. Section 81-6-213 is amended to read:
3029  81-6-213 . Automatic adjustment of base child support award.
3030     (1) As used in this section, "emancipated" means:
3031  (a) the child becomes 18 years old or graduates from high school during the child's
3032  normal and expected year of graduation, whichever occurs later;
3033  (b) the child dies, marries, or becomes a member of the armed forces of the United
3034  States;
3035  (c) the child is emancipated in accordance with Title 80, Chapter 7, Emancipation; or
3036  (d) the obligor's parental rights are terminated by a court in accordance with Title 80,
3037  Chapter 4, Termination and Restoration of Parental Rights.
3038     [(1)] (2) Except as otherwise provided in the child support order, the base child support
3039  award is automatically adjusted to the base child support award for the remaining
3040  number of children due child support, without the need to modify the most recent child
3041  support order by a court, when a child[:] is emancipated.
3042  [(a) becomes 18 years old or graduates from high school during the child's normal and
3043  expected year of graduation, whichever occurs later;]
3044  [(b) dies, marries, becomes a member of the armed forces of the United States; or]
3045  [(c) is emancipated in accordance with Title 80, Chapter 7, Emancipation.]
3046     [(2)] (3) The base child support award is adjusted as described in Subsection [(1)] (2) by
3047  using:
3048  (a) the child support table that was used to establish the most recent child support order[
3049  and by using] ; and
3050  (b) [ ]the income of the parties as specified in the most recent child support order or the
3051  worksheets.
3052     [(3)] (4) The base child support award may not be reduced by a per child amount derived
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3053  from the base child support award originally ordered.
3054     [(4)] (5) If the incomes of the parties are not specified in the most recent child support order
3055  or the worksheets, the information regarding the incomes is not consistent, or the order
3056  deviates from the child support guidelines, the base child support award is not
3057  automatically adjusted under Subsection [(1)] (2) and the child support order will
3058  continue until modified by the issuing tribunal.
3059     [(5)] (6) If the child support order is deviated and the parties subsequently obtain a court
3060  order that adjusts the amount of child support back to the date of the emancipation of the
3061  child, the office may not be required to repay any difference in the child support
3062  collected during the interim.
3063  Section 43. Section 81-6-306 is enacted to read:
3064  81-6-306 . Minimal child care award table -- Child support orders on or after
3065     January 1, 2027.
3066        The following table is used to:
3067     (1) establish a minimal child care award for a child support order established on or after
3068  January 1, 2027, if the low income table was not used in the calculation of child support;
3069  and
3070     (2) modify a minimal child care award for a child support order modified on or after
3071  January 1, 2027.
 3072      Combined  Age of the
           Monthly  Child
           Adjusted Gross
           Income
 3073  0 to 23 Months 2 to 3 Years Old 4 to 5 Years Old 6 to 12 Years
                                               Old  Old
 3074      From  To
 3075      $0-  $4,752  $225  $263  $263  $204
 3076      $4,573-  $6,911  $325  $313  $300  $300
 3077      $6,912-  $10,140  $410  $338  $338  $305
 3078      $10,141-  $14,999  $420  $345  $345  $325
 3079      $15,000-  More than  $450  $375  $375  $363
                             $15,000
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3080  Section 44. Section 81-9-202 is amended to read:
3081  81-9-202 . Advisory guidelines for a custody and parent-time arrangement.
3082     (1) In addition to the parent-time schedules provided in Sections 81-9-302 and 81-9-304,
3083  the following advisory guidelines are suggested to govern a custody and parent-time
3084  arrangement between parents.
3085     (2) A parent-time schedule mutually agreed upon by both parents is preferable to a
3086  court-imposed solution.
3087     (3) A parent-time schedule shall be used to maximize the continuity and stability of the
3088  minor child's life.
3089     (4) Each parent shall give special consideration to make the minor child available to attend
3090  family functions including funerals, weddings, family reunions, religious holidays,
3091  important ceremonies, and other significant events in the life of the minor child or in the
3092  life of either parent which may inadvertently conflict with the parent-time schedule.
3093     (5)(a) The court shall determine the responsibility for the pick up, delivery, and return of
3094  the minor child when the parent-time order is entered.
3095  (b) The court may change the responsibility described in Subsection (5)(a) at any time a
3096  subsequent modification is made to the parent-time order.
3097  (c) If the noncustodial parent will be providing transportation, the custodial parent shall:
3098  (i) have the minor child ready for parent-time at the time the minor child is to be
3099  picked up; and
3100  (ii) be present at the custodial home or make reasonable alternate arrangements to
3101  receive the minor child at the time the minor child is returned.
3102  (d) If the custodial parent will be transporting the minor child, the noncustodial parent
3103  shall:
3104  (i) be at the appointed place at the time the noncustodial parent is to receive the
3105  minor child; and
3106  (ii) have the minor child ready to be picked up at the appointed time and place or
3107  have made reasonable alternate arrangements for the custodial parent to pick up
3108  the minor child.
3109     (6) A parent may not interrupt regular school hours for a school-age minor child for the
3110  exercise of parent-time.
3111     (7) The court may:
3112  (a) make alterations in the parent-time schedule to reasonably accommodate the work
3113  schedule of both parents; and
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3114        (b) increase the parent-time allowed to the noncustodial parent but may not diminish the
3115  standardized parent-time provided in Sections 81-9-302 and 81-9-304.
3116    (8) The court may make alterations in the parent-time schedule to reasonably accommodate
3117        the distance between the parties and the expense of exercising parent-time.
3118    (9) A parent may not withhold parent-time or child support due to the other parent's failure
3119        to comply with a court-ordered parent-time schedule.
3120    (10)(a) The custodial parent shall notify the noncustodial parent within 24 hours of
3121        receiving notice of all significant school, social, sports, and community functions in
3122        which the minor child is participating or being honored.
3123        (b) The noncustodial parent is entitled to attend and participate fully in the functions
3124  described in Subsection (10)(a).
3125        (c) The noncustodial parent shall have access directly to all school reports including
3126  preschool and daycare reports and medical records.
3127        (d) A parent shall immediately notify the other parent in the event of a medical
3128  emergency.
3129    (11) Each parent shall provide the other with the parent's current address and telephone
3130        number, email address, and other virtual parent-time access information within 24 hours
3131        of any change.
3132    (12)(a) Each parent shall permit and encourage, during reasonable hours, reasonable and
3133        uncensored communications with the minor child, in the form of mail privileges and
3134        virtual parent-time if the equipment is reasonably available.
3135        (b) If the parents cannot agree on whether the equipment is reasonably available, the
3136  court shall decide whether the equipment for virtual parent-time is reasonably
3137  available by taking into consideration:
3138  (i) the best interests of the minor child;
3139  (ii) each parent's ability to handle any additional expenses for virtual parent-time; and
3140  (iii) any other factors the court considers material.
3141    (13)(a) Parental care is presumed to be better care for the minor child than surrogate care.
3142        (b) The court shall encourage the parties to cooperate in allowing the noncustodial
3143  parent, if willing and able to transport the minor child, to provide the child care.
3144        (c) Child care arrangements existing during the marriage are preferred as are child care
3145  arrangements with nominal or no charge.
3146    (14) Each parent shall:
3147        (a) provide all surrogate care providers with the name, current address, and telephone
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3148  number of the other parent; and
3149  (b) provide the noncustodial parent with the name, current address, and telephone
3150  number of all surrogate care providers unless the court for good cause orders
3151  otherwise.
3152     (15)(a) Each parent is entitled to an equal division of major religious holidays celebrated
3153  by the parents.
3154  (b) The parent who celebrates a religious holiday that the other parent does not celebrate
3155  shall have the right to be together with the minor child on the religious holiday.
3156     (16) If the minor child is on a different parent-time schedule than a sibling, based on
3157  Sections 81-9-302 and 81-9-304, the parents should consider if an upward deviation for
3158  parent-time with all the minor children so that parent-time is uniform between school
3159  aged and nonschool aged children, is appropriate.
3160     (17)(a) When one or both parents are servicemembers or contemplating joining a
3161  uniformed service, the parents should resolve issues of custodial responsibility in the
3162  event of deployment as soon as practicable through reaching a voluntary agreement
3163  pursuant to Section 81-10-201 or through court order obtained pursuant to this part.
3164  (b) Service members shall ensure their family care plan reflects orders and agreements
3165  entered and filed pursuant to Chapter 10, Uniform Deployed Parents Custody, [
3166  Parent-time] Parent-Time, and Visitation Act.
3167     (18) A parent shall immediately notify the other parent if:
3168  (a) the parent resides with an individual or provides an individual with access to the
3169  minor child; and
3170  (b) the parent knows that the individual:
3171  (i) is required to register as a sex offender, a kidnap offender, or a child abuse
3172  offender for an offense committed against a minor child under Title 53, Chapter
3173  29, Sex, Kidnap, and Child Abuse Offender Registry; or
3174  (ii) has been convicted of an offense described in:
3175  [(A) a child abuse offense under Section 76-5-109, 76-5-109.2, 76-5-109.3,
3176  76-5-109.4, 76-5-114, or 76-5-208;]
3177  [(B) a sexual offense against a minor child under Title 76, Chapter 5, Part 4,
3178  Sexual Offenses, other than an offense under Section 76-5-417, 76-5-418, or
3179  76-5-419;]
3180  [(C) an offense for kidnapping or human trafficking of a minor child under Title
3181  76, Chapter 5, Part 3, Kidnapping, Trafficking, and Smuggling;]
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3182  [(D) a sexual exploitation offense against a minor child under Title 76, Chapter
3183  5b, Sexual Exploitation Act; or]
3184  (A) Section 76-5-109, child abuse;
3185  (B) Section 76-6-109.2, aggravated child abuse;
3186  (C) Section 76-5-109.3, child abandonment;
3187  (D) Section 76-5-109.4, child torture;
3188  (E) Section 76-5-114, commission of domestic violence in the presence of a child;
3189  (F) Section 76-5-208, child abuse homicide;
3190  (G) Title 76, Chapter 5, Part 3, Kidnapping, Trafficking, and Smuggling, for
3191  which the victim was younger than 18 years old;
3192  (H) Title 76, Chapter 5, Part 4, Sexual Offenses, for which the victim was younger
3193  than 18 years old; or
3194  (I) Title 76, Chapter 5b, Sexual Exploitation Act, for which the victim was
3195  younger than 18 years old; or
3196  [(E)] (iii) has been convicted of an offense that is substantially similar to an offense
3197  under [Subsections (18)(b)(ii)(A) through (D).] Subsection (18)(b)(ii).
3198    (19)(a) For emergency purposes, whenever the minor child travels with a parent, the
3199        parent shall provide the following information to the other parent:
3200  (i) an itinerary of travel dates;
3201  (ii) destinations;
3202  (iii) places where the minor child or traveling parent can be reached; and
3203  (iv) the name and telephone number of an available third person who would be
3204  knowledgeable of the minor child's location.
3205        (b) The notification requirement described in Subsection (19)(a) does not apply if there
3206  is a protective order or stalking injunction in effect that prohibits a parent from
3207  contacting the other parent.
3208        [(b)] (c) Unchaperoned travel of a minor child under [the age of five years] five years old
3209  is not recommended.
3210  Section 45. Section 81-9-204 is amended to read:
3211  81-9-204 . Custody and parent-time of a minor child -- Custody factors --
3212    Preferences.
3213    (1) In a proceeding between parents in which the custody and parent-time of a minor child
3214        is at issue, the court shall consider the best interests of the minor child in determining
3215        any form of custody and parent-time.
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3216     (2) The court shall determine whether an order for custody or parent-time is in the best
3217  interests of the minor child by a preponderance of the evidence.
3218     (3) In determining any form of custody and parent-time under Subsection (1), the court
3219  shall consider:
3220  (a) for each parent, and in accordance with Section 81-9-104, evidence of domestic
3221  violence, physical abuse, or sexual abuse involving the minor child, the parent, or a
3222  household member of the parent;
3223  (b) whether the parent has intentionally exposed the minor child to:
3224  (i) pornography; or
3225  (ii) material harmful to minors, as "material" and "harmful to minors" are defined in
3226  Section 76-5c-101; and
3227  (c) whether custody and parent-time would endanger the minor child's health or physical
3228  or psychological safety.
3229     (4) In determining the form of custody and parent-time that is in the best interests of the
3230  minor child, the court may consider, among other factors the court finds relevant, the
3231  following for each parent:
3232  (a) evidence of psychological maltreatment;
3233  (b) the parent's demonstrated understanding of, responsiveness to, and ability to meet the
3234  developmental needs of the minor child, including the minor child's:
3235  (i) physical needs;
3236  (ii) emotional needs;
3237  (iii) educational needs;
3238  (iv) medical needs; and
3239  (v) any special needs;
3240  (c) the parent's capacity and willingness to function as a parent, including:
3241  (i) parenting skills;
3242  (ii) co-parenting skills, including:
3243  (A) ability to appropriately communicate with the other parent;
3244  (B) ability to encourage the sharing of love and affection; and
3245  (C) willingness to allow frequent and continuous contact between the minor child
3246  and the other parent, except that, if the court determines that the parent is
3247  acting to protect the minor child from domestic violence, neglect, or abuse, the
3248  parent's protective actions may be taken into consideration; and
3249  (iii) ability to provide personal care rather than surrogate care;
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3250        (d) the past conduct and demonstrated moral character of the parent as described in
3251  Subsection (9);
3252        (e) the emotional stability of the parent;
3253        (f) the parent's inability to function as a parent because of drug abuse, excessive
3254  drinking, or other causes;
3255        (g) the parent's reason for having relinquished custody or parent-time in the past;
3256        (h) duration and depth of desire for custody or parent-time;
3257        (i) the parent's religious compatibility with the minor child;
3258        (j) the parent's financial responsibility;
3259        (k) the child's interaction and relationship with step-parents, extended family members
3260  of other individuals who may significantly affect the minor child's best interests;
3261        (l) who has been the primary caretaker of the minor child;
3262        (m) previous parenting arrangements in which the minor child has been happy and
3263  well-adjusted in the home, school, and community;
3264        (n) the relative benefit of keeping siblings together;
3265        (o) the stated wishes and concerns of the minor child, taking into consideration the
3266  minor child's cognitive ability and emotional maturity;
3267        (p) the relative strength of the minor child's bond with the parent, meaning the depth,
3268  quality, and nature of the relationship between the parent and the minor child; and
3269        (q) any other factor the court finds relevant.
3270    (5)(a) A minor child may not be required by either party to testify unless the trier of fact
3271        determines that extenuating circumstances exist that would necessitate the testimony
3272        of the minor child be heard and there is no other reasonable method to present the
3273        minor child's testimony.
3274        (b)(i) The court may inquire and take into consideration the minor child's desires
3275  regarding future custody or parent-time schedules, but the expressed desires are
3276  not controlling and the court may determine the minor child's custody or
3277  parent-time otherwise.
3278  (ii) The desires of a minor child who is 14 years old or older shall be given added
3279  weight, but is not the single controlling factor.
3280        (c)(i) If an interview with a minor child is conducted by the court in accordance with
3281  Subsection (5)(b), the interview shall be conducted by the court in camera.
3282  (ii) The prior consent of the parties may be obtained but is not necessary if the court
3283  finds that an interview with a minor child is the only method to ascertain the
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3284  minor child's desires regarding custody.
3285     (6)(a) Except as provided in Subsection (6)(b), a court may not discriminate against a
3286  parent due to a disability, as defined in Section 57-21-2, in awarding custody or
3287  determining whether a substantial change has occurred for the purpose of modifying
3288  an award of custody.
3289  (b) The court may not consider the disability of a parent as a factor in awarding custody
3290  or modifying an award of custody based on a determination of a substantial change in
3291  circumstances, unless the court makes specific findings that:
3292  (i) the disability significantly or substantially inhibits the parent's ability to provide
3293  for the physical and emotional needs of the minor child at issue; and
3294  (ii) the parent with a disability lacks sufficient human, monetary, or other resources
3295  available to supplement the parent's ability to provide for the physical and
3296  emotional needs of the minor child at issue.
3297  (c) Nothing in this section may be construed to apply to adoption proceedings under
3298  Chapter 13, Adoption.
3299     (7) This section does not establish:
3300  (a) a preference for either parent solely because of the gender of the parent; or
3301  (b) a preference for or against joint physical custody or sole physical custody, but allows
3302  the court and the family the widest discretion to choose a parenting plan that is in the
3303  best interest of the minor child.
3304     (8) When an issue before the court involves custodial responsibility in the event of a
3305  deployment of a parent who is a service member and the service member has not yet
3306  been notified of deployment, the court shall resolve the issue based on the standards in
3307  Sections 81-10-306 through 81-10-309.
3308     (9) In considering the past conduct and demonstrated moral standards of each party under
3309  Subsection (4)(d) or any other factor a court finds relevant, the court may not:
3310  (a)(i) consider or treat a parent's lawful possession or use of cannabis in a medicinal
3311  dosage form, a cannabis product in a medicinal dosage form, or a medical
3312  cannabis device, in accordance with Title 4, Chapter 41a, Cannabis Production
3313  Establishments and Pharmacies, Title 26B, Chapter 4, Part 2, Cannabinoid
3314  Research and Medical Cannabis, or Subsection 58-37-3.7(2) or (3) any differently
3315  than the court would consider or treat the lawful possession or use of any
3316  prescribed controlled substance; or
3317  (ii) discriminate against a parent because of the parent's status as a:
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3318  (A) cannabis production establishment agent, as that term is defined in Section
3319  4-41a-102;
3320  (B) medical cannabis pharmacy agent, as that term is defined in Section 26B-4-201;
3321  (C) medical cannabis courier agent, as that term is defined in Section 26B-4-201;
3322  or
3323  (D) medical cannabis cardholder in accordance with Title 26B, Chapter 4, Part 2,
3324  Cannabinoid Research and Medical Cannabis; or
3325        (b) discriminate against a parent based upon the parent's agreement or disagreement with
3326  a minor child of the couple's:
3327  (i) assertion that the minor child's gender identity is different from the minor child's
3328  biological sex;
3329  (ii) practice of having or expressing a different gender identity than the minor child's
3330  biological sex; or
3331  (iii) sexual orientation.
3332    (10)(a) The court shall consider evidence of domestic violence if evidence of domestic
3333        violence is presented.
3334        (b) The court shall consider as primary, the safety and well-being of the minor child and
3335  the parent who experiences domestic violence.
3336        (c) A court shall consider an order issued by a court in accordance with Title 78B,
3337  Chapter 7, Part 6, Cohabitant Abuse Protective Orders, as evidence of real harm or
3338  substantiated potential harm to the minor child.
3339        (d) If a parent relocates because of an act of domestic violence or family violence by the
3340  other parent[,] :
3341  (i) the court shall make specific findings and orders with regards to the application of
3342  Section 81-9-209[.] ; and
3343  (ii) the court may not require the parent to disclose the parent's address to the other
3344  parent.
3345    (11) Absent a showing by a preponderance of evidence of real harm or substantiated
3346        potential harm to the minor child:
3347        (a) it is in the best interest of the minor child to have frequent, meaningful, and
3348  continuing access to each parent following separation or divorce;
3349        (b) each parent is entitled to and responsible for frequent, meaningful, and continuing
3350  access with the parent's minor child consistent with the minor child's best interests;
3351  and
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3352  (c) it is in the best interest of the minor child to have both parents actively involved in
3353  parenting the minor child.
3354     (12) Notwithstanding any other provision of this chapter, the court may not grant custody or
3355  parent-time of a minor child to a parent convicted of a sexual offense, as defined in
3356  Section 77-37-2, that resulted in the conception of the minor child unless:
3357  (a) the nonconvicted biological parent, or the legal guardian of the minor child, consents
3358  to custody or parent-time and the court determines it is in the best interest of the
3359  minor child to award custody or parent-time to the convicted parent; or
3360  (b) after the date of the conviction, the convicted parent and the nonconvicted parent
3361  cohabit and establish a mutual custodial environment for the minor child.
3362     (13) A denial of custody or parent-time under Subsection (12) does not:
3363  (a) terminate the parental rights of the parent denied parent-time or custody; or
3364  (b) affect the obligation of the convicted parent to financially support the minor child.
3365  Section 46. Section 81-9-206 is amended to read:
3366  81-9-206 . Determination of parent-time schedule -- Parent-time factors.
3367     (1) If the parties are unable to agree on a parent-time schedule, the court may:
3368  (a) establish a parent-time schedule; or
3369  (b) order a parent-time schedule described in Part 3, Parent-time Schedules.
3370     (2) There is a presumption that the advisory guidelines described in Section 81-9-202 and
3371  the parent-time schedules described in Part 3, Parent-time Schedules, are the minimum
3372  parent-time to which the noncustodial parent and the minor child are entitled.
3373     (3) In accordance with Section 81-9-104, when ordering a parent-time schedule a court
3374  shall consider:
3375  (a) evidence of domestic violence, physical abuse, or sexual abuse involving the minor
3376  child, a parent, or a household member of the parent; and
3377  (b) whether parent-time [would] is likely to endanger the minor child's health or physical
3378  or psychological safety.
3379     (4) A court may consider the following when ordering a parent-time schedule:
3380  (a) evidence of psychological maltreatment;
3381  (b) the distance between the residency of the minor child and the noncustodial parent;
3382  (c) the lack of demonstrated parenting skills without safeguards to ensure the minor
3383  child's well-being during parent-time;
3384  (d) the financial inability of the noncustodial parent to provide adequate food and shelter
3385  for the minor child during periods of parent-time;
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3386        (e) the preference of the minor child if the court determines the minor child is of
3387  sufficient maturity;
3388        (f) the incarceration of the noncustodial parent in a county jail, secure youth corrections
3389  facility, or an adult corrections facility;
3390        (g) shared interests between the minor child and the noncustodial parent;
3391        (h) the involvement or lack of involvement of the noncustodial parent in the school,
3392  community, religious, or other related activities of the minor child;
3393        (i) the availability of the noncustodial parent to care for the minor child when the
3394  custodial parent is unavailable to do so because of work or other circumstances;
3395        (j) a substantial and chronic pattern of missing, canceling, or denying regularly
3396  scheduled parent-time;
3397        (k) the minimal duration of and lack of significant bonding in the parents' relationship
3398  before the conception of the minor child;
3399        (l) the parent-time schedule of siblings;
3400        (m) the lack of reasonable alternatives to the needs of a nursing minor child; and
3401        [(nn)] (n) any other criteria the court determines relevant to the best interests of the minor
3402  child.
3403    (5) The court shall enter the reasons underlying the court's order for parent-time that:
3404        (a) incorporates a parent-time schedule described in Section 81-9-302 or 81-9-304; or
3405        (b) provides more or less parent-time than a parent-time schedule described in Section
3406  81-9-302 or 81-9-304.
3407    (6) A court may not order a parent-time schedule unless the court determines by a
3408        preponderance of the evidence that the parent-time schedule is in the best interest of the
3409        minor child.
3410    [(7) Once the parent-time schedule has been established, the parties may not alter the
3411        parent-time schedule except by mutual consent of the parties or a court order.]
3412    [(8)] (7)(a) If the court orders parent-time and a protective order or stalking injunction is
3413        still in place, the court shall consider whether to order the parents to conduct
3414        parent-time pick-up and transfer through a third party.
3415        (b) The parent who is the stated victim in the protective order or stalking injunction may
3416  submit to the court, and the court shall consider, the name of a person considered
3417  suitable to act as the third party.
3418        (c) If the court orders the parents to conduct parent-time through a third party, the
3419  parenting plan shall specify the time, day, place, manner, and the third party to be
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3420  used to implement the exchange.
3421     [(9)] (8) If there is a protective order, stalking injunction, or the court finds that a parent has
3422  committed domestic violence, the court shall:
3423  (a) consider the impact of domestic violence in awarding parent-time; and
3424  (b) make specific findings regarding the award of parent-time.
3425     [(10)] (9) Upon a specific finding by the court of the need for peace officer enforcement, the
3426  court may include a provision in an order for parent-time that authorizes a peace officer
3427  to enforce the order for parent-time.
3428     [(11)] (10) When parent-time has not taken place for an extended period of time and the
3429  minor child lacks an appropriate bond with the noncustodial parent, both parents shall:
3430  (a) consider the possible adverse effects upon the minor child; and
3431  (b) gradually reintroduce an appropriate parent-time plan for the noncustodial parent.
3432     (11) If a court enters an order establishing a parent-time schedule for a minor child:
3433  (a) the court order governs the parent-time schedule for the minor child; and
3434  (b) an amendment to this chapter does not modify the parent-time schedule unless the
3435  court orders otherwise.
3436     (12) Once a parent-time schedule has been established for a minor child, the parties may
3437  only modify the parent-time schedule if:
3438  (a) there is mutual consent of the parties to the modification that is in writing and signed
3439  by both parties; or
3440  (b) the court modifies the parent-time schedule in a new order.
3441  Section 47. Section 81-9-207 is amended to read:
3442  81-9-207 . Supervised parent-time.
3443     [(1) If it is necessary to protect a minor child and there is no less restrictive means
3444  reasonably available, and in accordance with Section 81-9-104, a court may order
3445  supervised parent-time if the court finds evidence that the minor child would be subject
3446  to physical or emotional harm or child abuse, as described in Sections 76-5-109,
3447  76-5-109.2, 76-5-109.3, 76-5-109.4, 76-5-114, and 80-1-102, from the noncustodial
3448  parent if left unsupervised with the noncustodial parent.]
3449     (1) As used in this section:
3450  (a) "Abuse" means the same as that term is defined in Section 80-1-102.
3451  (b) "Abuse" includes an offense described in:
3452  (i) Section 76-5-109, child abuse;
3453  (ii) Section 76-6-109.2, aggravated child abuse;
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3454  (iii) Section 76-5-109.3, child abandonment;
3455  (iv) Section 76-5-109.4, child torture;
3456  (v) Section 76-5-114, commission of domestic violence in the presence of a child; or
3457  (vi) Section 76-5-208, child abuse homicide.
3458    (2) A court may order supervised parent-time of a minor child in accordance with Section
3459        81-9-104 if the court finds:
3460        (a) evidence that the minor child is likely to be subject to physical harm, emotional
3461  harm, or abuse from the noncustodial parent if left unsupervised with the
3462  noncustodial parent;
3463        (b) it is necessary to protect the minor child; and
3464        (c) there are no less restrictive means reasonably available.
3465    [(2)] (3) If the court finds evidence of domestic violence, child abuse, or an ongoing risk to
3466        a child, and orders supervised parent-time, the court shall give preference to supervision
3467        by a professional individual or private agency trained in child abuse reporting laws, the
3468        developmental needs of a child, and the dynamics of domestic violence, child abuse,
3469        sexual abuse, and substance abuse.
3470    [(3)] (4) If a professional individual or private agency described in Subsection [(2)] (3) is not
3471        available, affordable, or practicable under the circumstances, a court shall give
3472        preference to supervision by an individual who is:
3473        (a) capable and willing to provide physical and psychological safety and security to the
3474  minor child, and to assist in the avoidance and prevention of domestic and family
3475  violence; and
3476        (b) is trained in child abuse reporting laws, the developmental needs of a child, and the
3477  dynamics of domestic violence, child abuse, sexual abuse, and substance abuse.
3478    [(4)] (5) If an individual described in Subsection [(2) or (3)] (3) or (4) is not available,
3479        affordable, or practicable under the circumstances, or if the court does not find evidence
3480        of domestic violence, child abuse, or an ongoing risk to a minor child, a court may order
3481        supervised parent-time that is supervised by an individual who is willing to supervise,
3482        and is capable of protecting the minor child from physical or emotional harm, or child
3483        abuse, and the court shall give preference to individuals suggested by the parties,
3484        including relatives.
3485    [(5)] (6) At the time supervised parent-time is imposed, the court shall consider:
3486        (a) whether the cost of professional or agency services is likely to prevent the
3487  noncustodial parent from exercising parent-time; and
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3488  (b) whether the requirement for supervised parent-time should expire after a set period
3489  of time.
3490     [(6)] (7)(a) Except when the court makes a finding that, due to abuse by or the incapacity
3491  of the noncustodial parent, supervised parent-time will be necessary indefinitely to
3492  ensure the physical or psychological safety and protection of the minor child, the
3493  court shall, in [its] the court's order for supervised parent-time, provide specific goals
3494  and expectations for the noncustodial parent to accomplish before unsupervised
3495  parent-time may be granted.
3496  (b) The court shall schedule one or more follow-up hearings to revisit the issue of
3497  supervised parent-time.
3498     [(7)] (8) A noncustodial parent may, at any time, petition the court to modify the order for
3499  supervised parent-time if the noncustodial parent can demonstrate that the specific goals
3500  and expectations set by the court as described in Subsection [(6)] (7) have been
3501  accomplished.
3502     The following section is affected by a coordination clause at the end of this bill.
3503  Section 48. Section 81-9-208 is amended to read:
3504  81-9-208 . Modification or termination of a custody or parent-time order --
3505     Noncompliance with a parent-time order -- Denial of access due to investigation.
3506     (1) The court has continuing jurisdiction to make subsequent changes to modify:
3507  (a) custody of a minor child if there is a showing of a substantial and material change in
3508  circumstances since the entry of the order; and
3509  (b) parent-time for a minor child if there is a showing that there is a change in
3510  circumstances since the entry of the order.
3511     (2) A substantial and material change in circumstances under Subsection (1)(a) includes a
3512  showing by a parent that the other parent:
3513  (a) resides with an individual or provides an individual with access to the minor child;
3514  and
3515  (b) knows that the individual:
3516  (i) is required to register as a sex offender, a kidnap offender, or a child abuse
3517  offender for an offense committed against a minor child under Title 53, Chapter
3518  29, Sex, Kidnap, and Child Abuse Offender Registry; or
3519  (ii) has been convicted of an offense described in:
3520  [(A) a child abuse offense under Section 76-5-109, 76-5-109.2, 76-5-109.3,
3521  76-5-109.4, 76-5-114, or 76-5-208;]
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3522  [(B) a sexual offense against a minor child under Title 76, Chapter 5, Part 4,
3523  Sexual Offenses, other than an offense under Section 76-5-417, 76-5-418, or
3524  76-5-419;]
3525  [(C) an offense for kidnapping or human trafficking of a minor child under Title
3526  76, Chapter 5, Part 3, Kidnapping, Trafficking, and Smuggling;]
3527  [(D) a sexual exploitation offense against a minor child under Title 76, Chapter
3528  5b, Sexual Exploitation Act; or]
3529  (A) Section 76-5-109, child abuse;
3530  (B) Section 76-6-109.2, aggravated child abuse;
3531  (C) Section 76-5-109.3, child abandonment;
3532  (D) Section 76-5-109.4, child torture;
3533  (E) Section 76-5-114, commission of domestic violence in the presence of a child;
3534  (F) Section 76-5-208, child abuse homicide;
3535  (G) Title 76, Chapter 5, Part 3, Kidnapping, Trafficking, and Smuggling, for
3536  which the victim was younger than 18 years old; or
3537  (H) Title 76, Chapter 5, Part 4, Sexual Offenses, for which the victim was younger
3538  than 18 years old;
3539  (I) Title 76, Chapter 5b, Sexual Exploitation Act, for which the victim was
3540  younger than 18 years old; or
3541  [(E)] (iii) has been convicted of an offense that is substantially similar to an offense
3542  under [Subsections (2)(b)(ii)(A) through (D)] Subsection (2)(b)(ii).
3543    (3)(a) For a custody order that is entered on or after May 6, 2026, a minor child turning
3544        five years old constitutes a substantial and material change in circumstances under
3545        Subsection (1)(a), unless the order addresses custody of the minor child upon the
3546        minor child turning five years old.
3547        (b) For a parent-time order that is entered on or after May 6, 2026, a minor child turning
3548  five years old constitutes a change in circumstances under Subsection (1)(b), unless
3549  the order addresses parent-time for the minor child upon the minor child turning five
3550  years old.
3551    [(3)] (4) On the petition of one or both of the parents, or the joint legal or physical
3552        custodians if they are not the parents, the court may, after a hearing, modify or terminate
3553        an order that established joint legal custody or joint physical custody if:
3554        (a) the verified petition or accompanying affidavit initially alleges that admissible
3555  evidence will show that there has been a substantial and material change in the
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3556  circumstances of the minor child or one or both parents or joint legal or physical
3557  custodians since the entry of the order to be modified;
3558  (b) a modification of the terms and conditions of the order would be an improvement for
3559  and in the best interest of the minor child; and
3560  (c)(i) both parents have complied in good faith with the dispute resolution procedure
3561  in accordance with Subsection 81-9-205(8); or
3562  (ii) if no dispute resolution procedure is contained in the order that established joint
3563  legal custody or joint physical custody, the court orders the parents to participate
3564  in a dispute resolution procedure in accordance with Subsection 81-9-205(13)
3565  unless the parents certify that, in good faith, they have used a dispute resolution
3566  procedure to resolve their dispute.
3567     [(4)] (5)(a) In determining whether the best interest of a minor child will be served by
3568  either modifying or terminating the joint legal custody or joint physical custody
3569  order, the court shall, in addition to other factors the court considers relevant,
3570  consider the factors described in Sections 81-9-204 and 81-9-205.
3571  (b) A court order modifying or terminating an existing joint legal custody or joint
3572  physical custody order shall contain written findings that:
3573  (i) a substantial and material change of circumstance has occurred; and
3574  (ii) a modification of the terms and conditions of the order would be an improvement
3575  for and in the best interest of the minor child.
3576  (c) The court shall give substantial weight to the existing joint legal custody or joint
3577  physical custody order when the minor child is thriving, happy, and well-adjusted.
3578     [(5)] (6) The court shall, in every case regarding a petition for termination of a joint legal
3579  custody or joint physical custody order, consider reasonable alternatives to preserve the
3580  existing order in accordance with Section 81-9-204.
3581     [(6)] (7) The court may modify the terms and conditions of the existing order in accordance
3582  with this chapter and may order the parents to file a parenting plan in accordance with
3583  Section 81-9-203.
3584     [(7)] (8) A parent requesting a modification from sole custody to joint legal custody or joint
3585  physical custody or both, or any other type of shared parenting arrangement, shall file
3586  and serve a proposed parenting plan with the petition to modify in accordance with
3587  Section 81-9-203.
3588     [(8)] (9) If an issue before the court involves custodial responsibility in the event of
3589  deployment of one or both parents who are service members, and the service member
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3590        has not yet been notified of deployment, the court shall resolve the issue based on the
3591        standards in Sections 81-10-306 through 81-10-309.
3592    [(9)] (10) If the court finds that an action to modify custody or parent-time is filed or
3593        answered frivolously and, in a manner, designed to harass the other party, the court shall
3594        assess attorney fees as costs against the offending party.
3595    [(10)] (11) If a petition to modify custody or parent-time provisions of a court order is made
3596        and denied, the court shall order the petitioner to pay the reasonable attorney fees
3597        expended by the prevailing party in that action if the court determines that the petition
3598        was without merit and not asserted or defended against in good faith.
3599    [(11)] (12) If a motion or petition alleges noncompliance with a parent-time order by a
3600        parent, or a visitation order by a grandparent or other member of the immediate family
3601        where a visitation or parent-time right has been previously granted by the court, the
3602        court:
3603        (a) may award to the prevailing party:
3604  (i) actual attorney fees incurred;
3605  (ii) the costs incurred by the prevailing party because of the other party's failure to
3606  provide or exercise court-ordered visitation or parent-time, including:
3607  (A) court costs;
3608  (B) child care expenses;
3609  (C) transportation expenses actually incurred;
3610  (D) lost wages, if ascertainable; or
3611  (E) counseling for a parent or a minor child if ordered or approved by the court; or
3612  (iii) any other appropriate equitable remedy; and
3613        (b) shall award reasonable make-up parent-time to the prevailing party, unless make-up
3614  parent-time is not in the best interest of the minor child.
3615    (13)(a) Except as provided in Subsection (13)(b), the court shall award make-up
3616        parent-time to a parent, upon a motion or petition from the parent, if:
3617  (i) the parent was denied parent-time with a minor child due to an investigation by
3618  the Division of Child and Family Services; and
3619  (ii) the investigation did not result in a finding of abuse, neglect, or dependency.
3620        (b) A court may deny a motion or petition for make-up parent-time if:
3621  (i) the parent did not diligently exercise parent-time with the child before the
3622  investigation by the Division of Child and Family Services; or
3623  (ii) a party shows good cause for denying the motion or petition.
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3624  (c) When a court orders make-up parent-time under Subsection (13)(a):
3625  (i) the court shall order:
3626  (A) parent-time that is the same type and duration of the parent-time that was
3627  denied; and
3628  (B) that the make-up parent-time occur within two years from the day on which
3629  the court enters the order for make-up parent-time; and
3630  (ii) the court may include weekend or holiday parent-time or extended parent-time
3631  that was denied to the parent.
3632  (d) This Subsection (13) does not create a right of action against the Division of Child
3633  and Family Services.
3634  Section 49. Section 81-9-209 is amended to read:
3635  81-9-209 . Notice of relocation -- Effect of relocation on parent-time schedule.
3636     (1) As used in this section, "relocation" means moving 150 miles or more from the
3637  residence of the other parent.
3638     (2) The relocating parent shall provide written notice to the other parent at least 60 days
3639  before the day on which the relocating parent intends to relocate.
3640     (3) The written notice of relocation [under] described in Subsection (2) shall contain
3641  statements affirming[ ]:
3642  (a) the parent-time provisions in Subsection (9) or a parent-time schedule approved by
3643  both parties will be followed; and
3644  (b) that a parent will not interfere with the other's parental rights pursuant to court
3645  ordered parent-time arrangements or the parent-time schedule approved by both
3646  parties.
3647     (4) [The court shall, upon motion of any party or upon the court's own motion,] Upon a
3648  motion of any party or upon the court's own motion, the court shall schedule a hearing
3649  with notice to:
3650  (a) review the notice of relocation and the relevant parent-time schedule under Section
3651  81-9-302 or 81-9-304; and
3652  (b) make appropriate orders regarding the parent-time schedule and costs for
3653  parent-time transportation.
3654     (5) In a hearing to review the notice of relocation, the court shall, in determining if the
3655  relocation of a custodial parent is in the best interest of the minor child, consider any
3656  other factors that the court considers relevant to the determination.
3657     (6) If the court determines that relocation is not in the best interest of the minor child, and
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       Enrolled Copy  S.B. 257
3658        the custodial parent relocates, the court may order a change of custody.
3659    (7)(a) If the court finds that the relocation is in the best interest of the minor child, the
3660        court shall determine the parent-time schedule and allocate the transportation costs
3661        that will be incurred for the minor child to visit the noncustodial parent.
3662        (b) In making a determination under Subsection (7)(a), the court shall consider:
3663  (i) the reason for the parent's relocation;
3664  (ii) the additional costs or difficulty to both parents in exercising parent-time;
3665  (iii) the economic resources of both parents; and
3666  (iv) other factors the court considers necessary and relevant.
3667    (8) If a parent relocates because of an act of domestic violence or family violence by the
3668        other parent, the court shall make specific findings and orders with regard to the
3669        application of this section.
3670    (9) Unless otherwise ordered by the court, and upon the relocation of one of the parties, the
3671        following schedule is the minimum parent-time that the noncustodial parent is entitled to
3672        a minor child who is five to 18 years old:
3673        (a) in years ending in an odd number, the minor child shall spend the following holidays
3674  with the noncustodial parent:
3675  [(i) Thanksgiving holiday beginning Wednesday until Sunday; and]
3676  [(ii) Spring break, if applicable, beginning the last day of school before the holiday
3677  until the day before school resumes;]
3678  (i)(A) fall break if the minor child's school dismisses for a fall break, beginning on
3679  the day that school dismisses for fall break and ending on the day before school
3680  resumes; or
3681  (B) Labor Day if the minor child's school does not dismiss for a fall break,
3682  beginning on the day that school dismisses for Labor Day and ending on the
3683  day before school resumes; and
3684  (ii) the entire winter break period, beginning on the day that school dismisses for the
3685  winter break and ending on the day before school resumes;
3686        (b) in years ending in an even number, the minor child shall spend the following
3687  holidays with the noncustodial parent:
3688  [(i) the entire winter school break period; and]
3689  [(ii) the Fall school break beginning the last day of school before the holiday until the
3690  day before school resumes;]
3691  (i)(A) spring break, beginning on the day that school dismisses for the spring
                                                       - 109 -
       S.B. 257  Enrolled Copy
3692  break and ending on the day before school resumes; or
3693  (B) Presidents' Day if the minor child's school does not dismiss for a spring break,
3694  beginning on the day that school dismisses for Presidents' Day and ending on
3695  the day before school resumes; and
3696  (ii) Thanksgiving, beginning on the day that school dismisses for Thanksgiving and
3697  ending on the day before school resumes;
3698  (c) extended parent-time equal to 1/2 of the summer or off-track time for consecutive
3699  weeks[; and] with:
3700  (i) the noncustodial parent entitled to the first 1/2 of the summer or off-track time in
3701  years ending in an odd number; and
3702  (ii) the noncustodial parent entitled to the second 1/2 of the summer or off-track time
3703  in years ending in an even number; and
3704  (d) one weekend per month, at the option and expense of the noncustodial parent.
3705     (10) For extended parent-time [under] described in Subsection (9)(c), the [minor child
3706  should be returned] noncustodial parent shall return the minor child to the custodial home
3707  no later than seven days before school begins, except that this week is counted when
3708  determining the amount of parent-time to be divided between the parents for the summer
3709  or off-track period.
3710     (11)(a) [The] Upon relocation of one of the parties, the court may also set a parent-time
3711  schedule for a minor child who is younger than five years old.
3712  (b) The schedule described in Subsection (11)(a) shall take into consideration the
3713  following:
3714  (i) the age of the minor child;
3715  (ii) the developmental needs of the minor child;
3716  (iii) the distance between the parents' homes;
3717  (iv) the travel arrangements and cost;
3718  (v) the level of attachment between the minor child and the noncustodial parent; and
3719  (vi) any other factors relevant to the best interest of the minor child.
3720     [(12) The noncustodial parent's monthly weekend entitlement is subject to the following
3721  restrictions.]
3722  [(a)]
3723     [(i)] (12)(a)(i) If the noncustodial parent has not designated a specific weekend [for
3724  parent-time] on which the noncustodial parent will exercise parent-time under
3725  Subsection (9)(d), the noncustodial parent shall receive the last weekend of each
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       Enrolled Copy  S.B. 257
3726        month[ unless a holiday assigned to the custodial parent falls on that particular
3727        weekend].
3728  (ii) If a holiday assigned to the custodial parent falls on [the last weekend of the
3729  month] a weekend on which the noncustodial parent normally exercises
3730  parent-time under Subsection (9)(d), the noncustodial parent is entitled to the [
3731  next to the last weekend of the month] weekend before the holiday.
3732        (b) If a noncustodial parent's extended parent-time or parent-time over a holiday extends
3733  into or through the first weekend of the next month, that weekend [shall be] is
3734  considered the noncustodial parent's monthly weekend entitlement under Subsection
3735  (9)(d) for that month.
3736        (c) If a minor child is out of school for teacher development days or snow days after the
3737  minor child begins the school year, or other days not included in the list of holidays
3738  in Subsection (9), and those days are contiguous with the noncustodial parent's
3739  monthly weekend or holiday parent-time, those days shall be included in the weekend
3740  or holiday parent-time.
3741    (13)(a) In addition to the parent-time for which a noncustodial parent is entitled under
3742        Subsection (9), the noncustodial parent is entitled to, at least two times a week:
3743  (i) brief telephone contact with the minor child at reasonable hours and for a
3744  reasonable duration; and
3745  (ii) virtual parent-time if the equipment is reasonably available at reasonable hours
3746  and for reasonable duration.
3747        (b) If the parties cannot agree on whether the equipment is reasonably available, the
3748  court shall decide whether the equipment for virtual parent-time is reasonably
3749  available, taking into consideration:
3750  (i) the best interest of the minor child;
3751  (ii) each parent's ability to handle any additional expenses for virtual parent-time; and
3752  (iii) any other factors the court considers material.
3753        (c) Virtual parent-time supplements, but does not replace, the in-person parent-time
3754  described in Subsection (9).
3755    [(13)] (14) The custodial parent is entitled to all parent-time not specifically allocated to the
3756        noncustodial parent.
3757    [(14)] (15) In the event finances and distance preclude the exercise of minimum parent-time
3758        for the noncustodial parent during the school year, the court should consider awarding
3759        more time for the noncustodial parent during the summer time if it is in the best interests
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3760  of the minor child.
3761     [(15)] (16)(a) Upon the motion of any party, the court may order uninterrupted
3762  parent-time with the noncustodial parent for a minimum of 30 days during extended
3763  parent-time, unless the court finds it is not in the best interest of the minor child.
3764  (b) If the court orders uninterrupted parent-time during a period not covered by this
3765  section, the court shall specify in [its] the court's order which parent is responsible for
3766  the minor child's travel expenses.
3767     [(16)] (17)(a) Unless otherwise ordered by the court the relocating party shall be
3768  responsible for all the minor child's travel expenses relating to Subsections (9)(a) and
3769  (b) and 1/2 of the minor child's travel expenses relating to Subsection (9)(c), provided
3770  the noncustodial parent is current on all support obligations.
3771  (b) If the noncustodial parent has been found in contempt for not being current on all
3772  support obligations, the noncustodial parent is responsible for all of the minor child's
3773  travel expenses under Subsection (9), unless the court rules otherwise.
3774  (c) A responsible party shall make a reimbursement to the other for the minor child's
3775  travel expenses within 30 days of receipt of documents detailing those expenses.
3776     [(17)] (18) The court may apply this provision to any preexisting decree of divorce.
3777     [(18)] (19) Any action under this section may be set for an expedited hearing.
3778     [(19)] (20) A parent who fails to comply with the notice of relocation in Subsection (2) is in
3779  contempt of the court's order.
3780  Section 50. Section 81-9-302 is amended to read:
3781  81-9-302 . Minimum schedule for parent-time for a minor child five to 18 years
3782     old.
3783     (1) The parent-time schedule in this section applies [to] when establishing a parent-time
3784  schedule for a minor child who is five to 18 years old.
3785     (2) If the parties do not agree to a parent-time schedule for a minor child [described in
3786  Subsection (1)] who is five to 18 years old, the following schedule is considered the
3787  minimum parent-time to which the noncustodial parent is entitled to the minor child:
3788  (a)(i) one weekday evening to be specified by the noncustodial parent or the court or
3789  Wednesday evening if not specified, beginning at 5:30 p.m. and ending at 8:30
3790  p.m.; or
3791  (ii) at the election of the noncustodial parent, one weekday to be specified by the
3792  noncustodial parent or the court:
3793  (A) beginning at the time that the minor child's school is regularly dismissed and
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3794  ending at 8:30 p.m.; or
3795  (B) if school is not in session, the noncustodial parent is available to be with the
3796  minor child, and in accommodation with the custodial parent's work schedule,
3797  beginning at [9] 8 a.m. and ending at 8:30 p.m.;
3798        (b)(i) beginning on the first weekend after entry of the decree, alternating weekends
3799  beginning at [6] 5:30 p.m. on Friday and ending on Sunday at [7] 8:30 p.m.; or
3800  (ii) at the election of the noncustodial parent and beginning on the first weekend after
3801  the entry of the decree, alternating weekends:
3802  (A) beginning at the time that the minor child's school is regularly dismissed on
3803  Friday and ending on Sunday at [7] 8:30 p.m.; or
3804  (B) if school is not in session, the noncustodial parent is available to be with the
3805  minor child, and in accommodation with the custodial parent's work schedule,
3806  beginning on Friday at [9] 8 a.m. and ending on Sunday at [7] 8:30 p.m.;
3807        (c) each holiday granted to the noncustodial parent in accordance with the holiday
3808  schedule described in Subsection (12); and
3809        (d) extended parent-time with the minor child when school is not in session for summer
3810  break in accordance with Subsection (3).
3811    (3)(a) For extended parent-time with the minor child [under] described in Subsection
3812        (2)(d) and at the election of the noncustodial parent, the noncustodial parent is
3813        entitled up to four weeks of parent-time with the minor child[, which may be
3814        consecutive,] when school is not in session for summer break, beginning at 8 a.m. on
3815        the first day and ending at 8:30 p.m. on the last day.
3816        (b) For the four weeks of extended parent-time for a noncustodial parent under
3817  Subsection (3)(a):
3818  (i) two weeks[, which may be consecutive,] shall be uninterrupted parent-time for the
3819  noncustodial parent; and
3820  (ii) two weeks[, which may be consecutive,] may be interrupted by the custodial
3821  parent for a weekday visit on the same day on which the noncustodial parent is
3822  granted weekday day parent-time.
3823        (c) A custodial parent is entitled to uninterrupted parent-time with the minor child for
3824  two weeks[, which may be consecutive,] when school is not in session for summer
3825  break, beginning at 8 a.m. on the first day and ending at 8:30 p.m. on the last day.
3826        (d) Extended parent-time described in this Subsection (3) shall be consecutive, except
3827  that the four weeks of extended parent-time for the noncustodial parent may be
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       S.B. 257  Enrolled Copy
3828  divided into two separate 14-day periods that are not consecutive.
3829     (4)(a) Each parent shall provide notification to the other parent of the parent's plans for
3830  the exercise of extended parent-time for summer break under Subsection (3).
3831  (b) For the notification requirement [under] described in Subsection (4)(a):
3832  (i) in odd-numbered years:
3833  (A) the noncustodial parent shall provide notice to the custodial parent by May 1;
3834  and
3835  (B) the custodial parent shall provide notice to the noncustodial parent by May 15;
3836  and
3837  (ii) in even-numbered years:
3838  (A) the custodial parent shall provide notice to the noncustodial parent by May 1;
3839  and
3840  (B) the noncustodial parent shall provide notice to the custodial parent by May 15.
3841  (c)(i) If a parent fails to provide a notification within the time periods described in
3842  Subsection (4)(b), the complying parent may determine the schedule for summer
3843  break for the noncomplying parent.
3844  (ii) If both parents fail to provide notice within the time periods described in
3845  Subsection (4)(b), the first parent to provide notice may determine the schedule
3846  for summer break for that parent and the other parent.
3847  (d) If a custodial parent intends to interrupt a noncustodial parent's parent-time under
3848  Subsection (3)(b)(ii), the custodial parent shall provide notification to the
3849  noncustodial parent of the intent to interrupt parent-time within 10 days after the day
3850  on which the custodial parent receives notification of the noncustodial parent's plans
3851  for the exercise of interrupted extended parent-time.
3852     (5)(a) An election should be made by the noncustodial parent at the time of entry of the
3853  divorce decree or court order, except that the election may be changed by mutual
3854  agreement, court order, or by the noncustodial parent in the event of a change in the
3855  minor child's schedule.
3856  (b) An election by either parent concerning parent-time shall be made a part of the
3857  decree and made a part of the parent-time order.
3858     (6)(a) Changes may not be made to the parent-time schedule under this section, except
3859  that if a conflict arises in the parent-time schedule, the following order of precedence
3860  shall be applied when determining which parent is entitled to parent-time:
3861  (i) the holiday schedule for Mother's Day or Father's Day under Subsection (12);
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       Enrolled Copy  S.B. 257
3862  (ii) the holiday schedule for the minor child's birthday, unless a parent is exercising
3863  uninterrupted extended parent-time under Subsection (3) and takes the minor child
3864  away from that parent's residence during the uninterrupted extended parent-time;
3865  (iii) the holiday schedule for any holiday under Subsection (12) that is not Father's
3866  Day, Mother's Day, or the minor child's birthday;
3867  (iv) extended parent-time under Subsection (3); and
3868  (v) the schedule for weekday or weekend parent-time.
3869        (b) A parent exercising parent-time for the minor child's birthday may bring other
3870  siblings along for the minor child's birthday.
3871    (7) A stepparent, grandparent, or other responsible adult designated by [the noncustodial] a
3872        parent, may pick up the minor child for parent-time if the [custodial ] other parent is
3873        aware of the identity of the individual and the [noncustodial ]parent will be with the
3874        minor child by 7 p.m.
3875    (8) If a holiday falls on a regularly scheduled school day, the parent exercising parent-time
3876        shall be responsible for the minor child's attendance at school for that school day.
3877    (9) If there is more than one minor child and the minor children's school schedules vary for
3878        purpose of a holiday, at the option of the parent exercising the holiday or the parent's
3879        half of the holiday, the minor children may remain together for the holiday period
3880        beginning the first evening that all minor children's schools are dismissed for the holiday
3881        and ending the evening before any minor child returns to school.
3882    (10)(a) Telephone contact shall be at reasonable hours and for a reasonable duration.
3883        (b)(i) Virtual parent-time, if the equipment is reasonably available and the parents
3884  reside at least 100 miles apart, shall be at reasonable hours and for reasonable
3885  duration.
3886  (ii) If the parties cannot agree on whether the equipment is reasonably available, the
3887  court shall decide whether the equipment for virtual parent-time is reasonably
3888  available, taking into consideration:
3889  (A) the best interests of the minor child;
3890  (B) each parent's ability to handle any additional expenses for virtual parent-time;
3891  and
3892  (C) any other factors the court considers material.
3893        (c) Virtual parent-time supplements, but does not replace, in-person parent-time.
3894    (11) If there is a minor child five to 18 years old and a minor child under five years old and
3895        both minor children are the children of the parties, the parents and the court should
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        S.B. 257  Enrolled Copy
3896  consider an upward deviation for parent-time with all the minor children so that
3897  parent-time is uniform based on a schedule under this section.
3898      (12) The following table is the holiday schedule for parent-time under this section.
 3899      Holiday  Holiday Time Period  Years  Years Custodial
                                                                              Noncustodial  Parent is Granted
                                                                              Parent is Granted    Holiday
                                                                              Holiday
 3900      Dr. Martin Luther    (1) Holiday begins[ Friday at:(a) 9 a.m. Odd years  Even years
           King Jr. Day  if school is not in session and the parent
                                can be with the minor child;
                                (b) the time that school is regularly
                                dismissed; or
                                ]:
                                (a) at the time that school is dismissed
                                for Dr. Martin Luther King Jr. Day; or
                                [(c) 6 p.m.] (b) Friday at 5:30 p.m. at
                                the election of the parent granted the
                                holiday.
                                (2) Holiday ends at [7] 8:30 p.m. on Dr.
                                Martin Luther King Jr. Day.
 3901      [President's] Presidents'
                                (1) Holiday begins[ Friday at]:  Even years  Odd years
           Day  [(a) 9 a.m. if school is not in session and
                                the parent can be with the minor child;
                                (b) ] (a) at the time that school is
                                [regularly dismissed] dismissed for
                                Presidents' Day; or
                                [(c) 6 p.m.] (b) Friday at 5:30 p.m. at
                                the election of the parent granted the
                                holiday.
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       Enrolled Copy  S.B. 257
                         (2) Holiday ends at [7] 8:30 p.m. on the
                         day before school resumes.
3902      Spring Break   (1) Holiday begins at:  Odd years  Even years
                         [6] (a) the time that school is dismissed
                         for spring break; or
                         (b) 5:30 p.m. on the day that school
                         dismisses for spring break at the election
                         of the parent granted the holiday.
                         (2) Holiday ends at [7] 8:30 p.m. on the
                         day before school resumes.
3903      Memorial Day   (1) Holiday begins[ Friday at]:  Even years  Odd years
                         [(a) 9 a.m. if school is not in session and
                         the parent can be with the minor child;
                         (b) ] (a) at the time that school is
                         [regularly dismissed] dismissed for
                         Memorial Day; or
                         [(c) 6] (b) Friday at 5:30 p.m. at the
                         election of the parent granted the
                         holiday.
                         (2) Holiday ends at [7] 8:30 p.m. on
                         Memorial Day.
3904      Mother's Day   (1) Holiday begins[ on Mother's Day at All years if  All years if custodial
                         9 a.m] at 5:30 p.m. on the day before  noncustodial  parent is the mother
                         Mother's Day.  parent is the        or other parent
                         (2) Holiday ends on Mother's Day at  mother or other      granted the holiday
                         [7] 8:30 p.m.  parent granted       in the order.
                                                                       the holiday in the
                                                                       order.
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       S.B. 257  Enrolled Copy
3905      Father's Day        (1) Holiday begins [on Father's Day at        All years if  All years if custodial
                              9 a.m] at 5:30 p.m. on the day before  noncustodial  parent is the father
                              Father's Day.  parent is the  or other parent
                              (2) Holiday ends on Father's Day at  father or other       granted the holiday
                              [7] 8:30 p.m.  parent granted        in the order.
                                                                            the holiday in the
                                                                            order.
3906      Juneteenth National (1) Holiday begins at:  Even years  Odd years
          Freedom Day  (a) [6] 5:30 p.m. on the day before
                              Juneteenth National Freedom Day if the
                              day before Juneteenth National Freedom
                              Day is not Father's Day; or
                              (b) [9] 8 a.m. on Juneteenth National
                              Freedom Day if the day before
                              Juneteenth National Freedom Day is
                              Father's Day.
                              (2) Holiday ends at [6] 8:30 p.m. on
                              the day following Juneteenth National
                              Freedom Day.
3907      Independence Day (1) Holiday begins on July 3rd at  Odd years  Even years
                              [6] 5:30 p.m.
                              (2) Holiday ends on July 5th at [6] 8:30
                              p.m.
3908      Pioneer Day  (1) Holiday begins on July 23rd at  Even years  Odd years
                              [6] 5:30 p.m.
                              (2) Holiday ends on July 25th at
                              [6] 8:30 p.m.
3909      Labor Day  (1) Holiday begins[ on Friday at]:  Odd years  Even years
                              [(a) 9 a.m. if school is not in session and
                              the parent can be with the minor child;
                              (b) ] (a) at the time that school is
                              [regularly dismissed] dismissed for
                              Labor Day; or
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       Enrolled Copy  S.B. 257
                          [(c) 6] (b) Friday at 5:30 p.m. at the
                          election of the parent granted the
                          holiday.
                          (2) Holiday ends at [7] 8:30 p.m. on
                          Labor Day.
3910      [Columbus Day   (1) Holiday begins at 6 p.m. on the day Even years  Odd years]
                          before Columbus Day.
                          (2) Holiday ends at 7 p.m. on Columbus
                          Day.
3911      Fall Break      (1) Holiday begins at[ 6 p.m.] :  Odd years    Even years
                          (a) the time that school is dismissed for
                          fall break; or
                          (b) 5:30 p.m. on the day school is
                          dismissed for fall break at the election of
                          the parent granted the holiday.
                          (2) Holiday ends at [7] 8:30 p.m. on the
                          day before school resumes.
3912      Halloween       (1) Holiday begins on October 31st or  Even years   Odd years
                          the day that Halloween is traditionally
                          celebrated in the local community:
                          (a) at the time that school is dismissed;
                          or
                          (b) at [4] 3 p.m. if there is no school.
                          (2) Holiday ends at [9] 8:30 p.m. on the
                          same day the holiday begins.
3913      [Veterans Day   (1) Holiday begins at 6 p.m. on the day Odd years  Even years]
                          before Veterans Day.
                          (2) Holiday ends at 7 p.m. on Veterans
                          Day.
3914      Thanksgiving    (1) Holiday begins[ on Wednesday] at: Even years  Odd years
                          [(a) 6 p.m.; or
                          (b) the time school is regularly
                          dismissed for Thanksgiving at the
                                                 - 119 -
        S.B. 257  Enrolled Copy
                                  election of the parent granted the
                                  holiday.] (a) the time that school is
                                  dismissed for Thanksgiving; or
                                  (b) 5:30 p.m. on the day that school
                                  dismisses for Thanksgiving at the
                                  election of the parent granted the
                                  holiday.
                                  (2) Holiday ends at [7] 8:30 p.m. on the
                                  day before school resumes.
 3915      Winter Break (First (1) Holiday begins at:  Odd years  Even years
           Half)  (a) [6 p.m. on the day on] the time that
                                  school dismisses for winter break; or
                                  (b) [the time school is regularly
                                  dismissed] 5:30 p.m. on the day that
                                  school dismisses for winter break at
                                  the election of the parent granted the
                                  holiday.
                                  (2) Holiday ends on December 27th at
                                  [7] 8:30 p.m.
 3916      Winter Break  (1) Holiday begins on December 27th at Even years  Odd years
           (Second Half)  [7] 8:30 p.m.
                                  (2) Holiday ends at [7] 8:30 p.m. on
                                  the day before school resumes after the
                                  winter break.
 3917      Day of Minor  (1) Holiday begins at 3 p.m.  Even years        Odd years
           Child's Birthday       (2) Holiday ends at [9] 8:30 p.m.
 3918      Day Before or  (1) Holiday begins at 3 p.m.  Odd years  Even years
           After Minor Child's (2) Holiday ends at [9] 8:30 p.m.
           Birthday
3919  Section 51. Section 81-9-303 is amended to read:
3920  81-9-303 . Optional schedule for parent-time for a minor child five to 18 years
3921      old.
3922      (1)(a) The optional parent-time schedule in this section applies [to] when establishing a
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       Enrolled Copy  S.B. 257
3923        parent-time schedule for a minor child who is five to 18 years old.
3924        (b) For purposes of calculating child support, the optional parent-time schedule in this
3925  section is 145 overnights.
3926        (c) Any impact on child support shall be consistent with joint physical custody.
3927    (2) The parents and the court may consider the increased parent-time schedule in this
3928        section as a minimum parent-time schedule when the parties agree or the noncustodial
3929        parent can demonstrate:
3930        (a) the noncustodial parent has been actively involved in the minor child's life;
3931        (b) the parties can communicate effectively regarding the minor child or the
3932  noncustodial parent has a plan to accomplish effective communications regarding the
3933  minor child;
3934        (c) the noncustodial parent has the ability to facilitate the increased parent-time;
3935        (d) the increased parent-time would be in the best interest of the minor child; and
3936        (e) any other factor the court considers relevant.
3937    (3) In determining whether a noncustodial parent has been actively involved in the minor
3938        child's life, the court shall consider:
3939        (a) demonstrated responsibility in caring for the minor child;
3940        (b) involvement in childcare;
3941        (c) presence or volunteer efforts in the minor child's school and at extracurricular
3942  activities;
3943        (d) assistance with the minor child's homework;
3944        (e) involvement in preparation of meals, bath time, and bedtime for the minor child;
3945        (f) bonding with the minor child; and
3946        (g) any other factor the court considers relevant.
3947    (4) In determining whether a noncustodial parent has the ability to facilitate the increased
3948        parent-time, the court shall consider:
3949        (a) the geographic distance between the residences of the parents and the distance
3950  between the parents' residences and the minor child's school;
3951        (b) the noncustodial parent's ability to assist with after school care;
3952        (c) the health of the minor child and the noncustodial parent in accordance with
3953  Subsection 81-9-204(4);
3954        (d) flexibility of employment or another schedule of the noncustodial parent;
3955        (e) ability to provide appropriate playtime with the minor child;
3956        (f) history and ability of the noncustodial parent to implement a flexible schedule for the
                                                      - 121 -
       S.B. 257  Enrolled Copy
3957  minor child;
3958  (g) physical facilities of the noncustodial parent's residence; and
3959  (h) any other factor the court considers relevant.
3960     (5) If the parties agree or the court enters an order for the optional parent-time schedule
3961  under this section, a parenting plan in compliance with Section 81-9-203 shall be filed
3962  with any order incorporating the optional parent-time schedule described in Subsection
3963  (6).
3964     (6) The following schedule is considered the optional parent-time to which the noncustodial
3965  parent is entitled to the minor child:
3966  (a)(i) one weekday evening to be specified by the noncustodial parent or the court or
3967  Wednesday evening if not specified, beginning at 5:30 p.m. and ending the
3968  following day upon delivering the minor child to school or at 8 a.m. if there is no
3969  school; or
3970  (ii) at the election of the noncustodial parent, one weekday specified by the
3971  noncustodial parent or the court:
3972  (A) beginning at the time the minor child's school is regularly dismissed until the
3973  following day upon delivering the minor child to school or at 8 a.m. if there is
3974  no school; or
3975  (B) if there is no school, the noncustodial parent is available to be with the minor
3976  child, and in accommodation with the custodial parent's work schedule,
3977  beginning at 8 a.m. and ending on the following day upon delivering the minor
3978  child to school or at 8 a.m. if there is no school;
3979  (b)(i) beginning the first weekend after the entry of the decree, alternating weekends
3980  beginning at [6] 5:30 p.m. on Friday and ending on Monday upon delivering the
3981  minor child to school or at 8 a.m. if there is no school; or
3982  (ii) at the election of the noncustodial parent, beginning the first weekend after the
3983  entry of the decree, alternating weekends:
3984  (A) beginning at the time the minor child's school is regularly dismissed on Friday
3985  and ending on Monday upon delivering the minor child to school or at 8 a.m. if
3986  there is no school; or
3987  (B) if there is no school, the noncustodial parent is available to be with the minor
3988  child, and in accommodation with the custodial parent's work schedule,
3989  beginning on Friday at [9] 8 a.m. and ending on Monday upon delivering the
3990  minor child to school or at 8 a.m. if there is no school;
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       Enrolled Copy  S.B. 257
3991        (c) each holiday granted to the noncustodial parent in accordance with the holiday
3992  schedule described in Subsection (15); and
3993        (d) extended parent-time with the minor child when school is not in session for summer
3994  break in accordance with Subsection (7).
3995    (7)(a) For extended parent-time with the minor child under Subsection (6)(d) and at the
3996        election of the noncustodial parent, the noncustodial parent is entitled up to four
3997        weeks of parent-time with the minor child[, which may be consecutive,] when school
3998        is not in session for summer break, beginning at 8 a.m. on the first day and ending at
3999        8:30 p.m. on the last day.
4000        (b) For the four weeks of extended parent-time for a noncustodial parent under
4001  Subsection (7)(a):
4002  (i) two weeks[, which may be consecutive,] shall be uninterrupted parent-time for the
4003  noncustodial parent; and
4004  (ii) two weeks[, which may be consecutive,] may be interrupted by the custodial
4005  parent for a weekday visit on the same day on which the noncustodial parent is
4006  granted weekday day parent-time.
4007        (c) A custodial parent is entitled to uninterrupted parent-time with the minor child for
4008  two weeks[, which may be consecutive,] when school is not in session for summer
4009  break, beginning at 8 a.m. on the first day and ending at 8:30 p.m. on the last day.
4010        (d) Extended parent-time described in this Subsection (7) shall be consecutive, except
4011  that the four weeks of extended parent-time for the noncustodial parent may be
4012  divided into two 14-day separate periods that are not consecutive.
4013    (8)(a) Each parent shall provide notification to the other parent of the parent's plans for
4014        the exercise of parent-time for summer break under Subsection (7).
4015        (b) For the notification requirement [under] described in Subsection (8)(a):
4016  (i) in odd-numbered years:
4017  (A) the noncustodial parent shall provide notice to the custodial parent by May 1;
4018  and
4019  (B) the custodial parent shall provide notice to the noncustodial parent by May 15;
4020  and
4021  (ii) in even-numbered years:
4022  (A) the custodial parent shall provide notice to the noncustodial parent by May 1;
4023  and
4024  (B) the noncustodial parent shall provide notice to the custodial parent by May 15.
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       S.B. 257  Enrolled Copy
4025  (c)(i) If a parent fails to provide a notification within the time periods described in
4026  Subsection (8)(b), the complying parent may determine the schedule for summer
4027  break for the noncomplying parent.
4028  (ii) If both parents fail to provide notice within the time periods described in
4029  Subsection (8)(b), the first parent to provide notice may determine the schedule
4030  for summer break for that parent and the other parent.
4031  (d) If a custodial parent intends to interrupt a noncustodial parent's parent-time under
4032  Subsection (7)(b)(ii), the custodial parent shall provide notification to the
4033  noncustodial parent of the intent to interrupt parent-time within 10 days after the day
4034  on which the custodial parent receives notification of the noncustodial parent's plans
4035  for the exercise of interrupted extended parent-time.
4036     (9)(a) An election should be made by the noncustodial parent at the time of entry of the
4037  divorce decree or court order, except that the election may be changed by mutual
4038  agreement, court order, or by the noncustodial parent in the event of a change in the
4039  minor child's schedule.
4040  (b) An election by either parent concerning parent-time shall be made a part of the
4041  decree and made a part of the parent-time order.
4042     (10)(a) Changes may not be made to the parent-time schedule under this section, except
4043  that if a conflict arises in the parent-time schedule, the following order of precedence
4044  shall be applied when determining which parent is entitled to parent-time:
4045  (i) the holiday schedule for Mother's Day or Father's Day under Subsection (15);
4046  (ii) the holiday schedule for the minor child's birthday, unless a parent is exercising
4047  uninterrupted extended parent-time under Subsection (7) and takes the minor child
4048  away from that parent's residence during the uninterrupted extended parent-time;
4049  (iii) the holiday schedule for any holiday under Subsection (15) that is not Father's
4050  Day, Mother's Day, or the minor child's birthday;
4051  (iv) extended parent-time under Subsection (7); and
4052  (v) the schedule for weekday or weekend parent-time.
4053  (b) A parent exercising parent-time for the minor child's birthday may bring other
4054  siblings along for the minor child's birthday.
4055     (11) A stepparent, grandparent, or other responsible adult designated by [the noncustodial] a
4056  parent, may pick up the minor child for parent-time if the [custodial] other parent is
4057  aware of the identity of the individual and the [noncustodial ]parent will be with the
4058  minor child by 7 p.m.
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        Enrolled Copy  S.B. 257
4059     (12) If a holiday falls on a regularly scheduled school day, the parent exercising parent-time
4060  shall be responsible for the minor child's attendance at school for that school day.
4061     (13) If there is more than one minor child and the minor children's school schedules vary
4062  for purpose of a holiday, at the option of the parent exercising the holiday or the parent's
4063  half of the holiday, the minor children may remain together for the holiday period
4064  beginning the first evening that all minor children's schools are dismissed for the holiday
4065  and ending the evening before any minor child returns to school.
4066     (14) If there is a minor child five to 18 years old and a minor child under five years old and
4067  both minor children are the children of the parties, the parents and the court should
4068  consider an upward deviation for parent-time with all the minor children so that
4069  parent-time is uniform based on a schedule under this section.
4070     (15) The following table is the holiday schedule for parent-time under this section.
 4071      Holiday  Holiday Time Period  Years  Years Custodial
                                                                            Noncustodial        Parent is Granted
                                                                            Parent is Granted   Holiday
                                                                            Holiday
 4072      Dr. Martin Luther (1) Holiday begins[ Friday at:(a) 9 a.m. Odd years  Even years
           King Jr. Day      if school is not in session and the parent
                             can be with the minor child;
                             (b) the time that school is regularly
                             dismissed; or
                             ]:
                             (a) at the time that school is dismissed for
                             Dr. Martin Luther King Jr. Day; or
                             [(c) 6 p.m. at the election of the parent
                             granted the holiday.] (b) Friday at 5:30
                             p.m. at the election of the parent granted
                             the holiday.
                             (2) Holiday ends[:
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       S.B. 257  Enrolled Copy
                             (a) upon delivering of the minor child to
                             school on the day following Dr. Martin
                             Luther King Jr. Day; or
                             (b) at 8 a.m. on the day following Dr.
                             Martin Luther King Jr. Day if there is no
                             school.] upon delivering of the minor
                             child to school on the day that school
                             resumes.
4073      [President's       (1) Holiday begins[ Friday at:  Even years   Odd years
          ] Presidents' Day (a) 9 a.m. if school is not in session and
                             the parent can be with the minor child;] :
                             (a) at the time that school is dismissed for
                             Presidents' Day; or
                             [(b) the time that school is regularly
                             dismissed; or
                             (c) 6 p.m. at the election of the parent
                             granted the holiday.] (b) Friday at 5:30
                             p.m. at the election of the parent granted
                             the holiday.
                             (2) Holiday ends[:
                             (a) upon delivering the minor child to
                             school on the day following President's
                             Day; or
                             (b) at 8 a.m. on the day following
                             President's Day if there is no school.]
                             upon delivering the minor child to school
                             on the day that school resumes.
4074      Spring Break       (1) Holiday begins at[ 6 p.m. on the day Odd years  Even years
                             that school dismisses for spring break.] :
                             (a) the time school is dismissed for spring
                             break; or
                             (b) 5:30 p.m. on the day that school
                             dismisses for spring break at the election
                             of the parent granted the holiday.
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       Enrolled Copy  S.B. 257
                         (2) Holiday ends[:
                         (a) upon delivering the minor child to
                         school on the day following the end of
                         spring break; or
                         (b) at 8 a.m. on the day following the
                         end of spring break if there is no school.]
                         upon delivering the minor child to school
                         on the day that school resumes.
4075      Memorial Day   (1) Holiday begins[ Friday at:  Even years        Odd years
                         (a) 9 a.m. if school is not in session and
                         the parent can be with the minor child;
                         (b) the time that school is regularly
                         dismissed; or
                         (c) 6 p.m. at the election of the parent
                         granted the holiday.] :
                         (a) at the time that school is dismissed for
                         Memorial Day; or
                         (b) Friday at 5:30 p.m. at the election of
                         the parent granted the holiday.
                         (2) Holiday ends:
                         (a) upon delivering the minor child to
                         school on the day following Memorial
                         Day; or
                         (b) at 8 a.m. on the day following
                         Memorial Day if there is no school.
4076      Mother's Day   (1) Holiday begins [on Mother's Day at  All years if      All years if custodial
                         9 a.m.] at 5:30 p.m. on the day before  noncustodial      parent is the mother
                         Mother's Day.  parent is the     or other parent
                         (2) Holiday ends on Mother's Day at  mother or other   designated in the
                         [7] 8:30 p.m.  parent designated order.
                                                                        in the order.
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       S.B. 257  Enrolled Copy
4077      Father's Day   (1) Holiday begins [on Father's Day at       All years if        All years if custodial
                         9 a.m.] at 5:30 p.m. on the day before       noncustodial        parent is the father
                         Father's Day.  parent is the father or other parent
                         (2) Holiday ends on Father's Day at  or other parent     designated in the
                         [7] 8:30 p.m.  designated in the   order.
                                                                      order.
4078      Juneteenth     (1) Holiday begins at:  Even years  Odd years
          National       (a) [6] 5:30 p.m. on the day before
          Freedom Day    Juneteenth National Freedom Day if the
                         day before Juneteenth National Freedom
                         Day is not Father's Day; or
                         (b) [9] 8 a.m. on Juneteenth National
                         Freedom Day if the day before Juneteenth
                         National Freedom Day is Father's Day.
                         (2) Holiday ends at [6] 5:30 p.m. on
                         the day following Juneteenth National
                         Freedom Day.
4079      Independence   (1) Holiday begins on July 3rd at  Odd years  Even years
          Day  [6] 5:30 p.m.
                         (2) Holiday ends on July 5th at [6] 8:30
                         p.m.
4080      Pioneer Day    (1) Holiday begins on July 23rd at  Even years  Odd years
                         [6] 5:30 p.m.
                         (2) Holiday ends on July 25th at [6] 8:30
                         p.m.
4081      Labor Day      (1) Holiday begins[ Friday at:  Odd years  Even years
                         (a) 9 a.m. if school is not in session and
                         the parent can be with the minor child;
                         (b) the time that school is regularly
                         dismissed; or
                         (c) 6 p.m. at the election of the parent
                         granted the holiday.] :
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       Enrolled Copy  S.B. 257
                          (a) at the time that school is dismissed for
                          Labor Day; or
                          (b) Friday at 5:30 p.m. at the election of
                          the parent granted the holiday.
                          (2) Holiday ends[:
                          (a) upon delivering the minor child to
                          school on the day following Labor Day;
                          or
                          (b) at 8 a.m. on the day following
                          Labor Day if there is no school.] upon
                          delivering the minor child to school on
                          the day that school resumes.
4082      [Columbus Day   (1) Holiday begins at 6 p.m. on the day        Even years   Odd years]
                          before Columbus Day.
                          (2) Holiday ends at 7 p.m. on Columbus
                          Day.
4083      Fall Break      (1) Holiday begins at[ 6 p.m. on the day Odd years  Even years
                          school is dismissed for fall break.] :
                          (a) the time that school is dismissed for
                          fall break; or
                          (b) 5:30 p.m. on the day that school
                          dismisses for fall break at the election of
                          the parent granted the holiday.
                          (2) Holiday ends[:
                          (a) upon delivering the minor child to
                          school on the day following the end of
                          fall break; or
                          (b) at 8 a.m. on the day following the end
                          of fall break if there is no school.] upon
                          delivering the minor child to school on
                          the day that school resumes.
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       S.B. 257  Enrolled Copy
4084      Halloween       (1) Holiday begins on October 31st or        Even years   Odd years
                          the day that Halloween is traditionally
                          celebrated in the local community:
                          (a) at the time that school is dismissed;
                          or
                          (b) at [4] 3 p.m. if there is no school.
                          (2) Holiday ends at [9] 8:30 p.m. on the
                          same day the holiday begins.
4085      [Veterans Day   (1) Holiday begins at 6 p.m. on the day      Odd years    Even years]
                          before Veterans Day.
                          (2) Holiday ends at 7 p.m. on Veterans
                          Day.
4086      Thanksgiving    (1) Holiday begins [on Wednesday at:  Even years   Odd years
                          (a) 6 p.m.; or
                          (b) the time school is regularly dismissed
                          for Thanksgiving at the election of the
                          parent granted the holiday.] at:
                          (a) the time that school is dismissed for
                          Thanksgiving; or
                          (b) 5:30 p.m. on the day that school
                          dismisses for Thanksgiving at the election
                          of the parent granted the holiday.
                          (2) Holiday ends[:
                          (a) upon delivering the minor child
                          to school on the Monday following
                          Thanksgiving; or
                          (b) at 8 a.m. on the Monday following
                          Thanksgiving if there is no school.] upon
                          delivering the minor child to school on
                          the day that school resumes.
4087      Winter Break    (1) Holiday begins at:  Odd years    Even years
          (First Half)    (a) [6 p.m. on the day] the time that
                          school dismisses for winter break; or
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        Enrolled Copy  S.B. 257
                                 (b) [the time school is regularly
                                 dismissed] 5:30 p.m. on the day that
                                 school dismisses for winter break at the
                                 election of the parent granted the holiday.
                                 (2) Holiday ends on December 27th at
                                 [7] 8:30 p.m.
 4088      Winter Break  (1) Holiday begins on December 27th at Even years  Odd years
           (Second Half)  [7] 8:30 p.m.
                                 (2) Holiday ends upon delivering the
                                 minor child to school on the day that
                                 school resumes after the winter break.
 4089      Day of Minor  (1) Holiday begins at 3 p.m.  Even years      Odd years
           Child's Birthday      (2) Holiday ends at [9] 8:30 p.m.
 4090      Day Before or  (1) Holiday begins at 3 p.m.  Odd years       Even years
           After Minor  (2) Holiday ends at [9] 8:30 p.m.
           Child's Birthday
4091  Section 52. Section 81-9-304 is amended to read:
4092  81-9-304 . Minimum schedule for parent-time for a minor child under five years
4093     old.
4094     (1) The parent-time schedule in this section applies [to] when establishing a parent-time
4095  schedule for a minor child who is younger than five years old.
4096     (2) If the parties do not agree to a parent-time schedule, the schedules in Subsections (3)
4097  through (8) are considered the minimum parent-time to which the noncustodial parent is
4098  entitled to the minor child.
4099     (3) For a minor child who is younger than five months old, the noncustodial parent is
4100  entitled to:
4101  (a) three two-hour visits every week; and
4102  (b) two hours for each holiday granted to the noncustodial parent in the holiday schedule
4103  under Subsection (15).
4104     (4) For a minor child who is at least five months old but younger than nine months old, the
4105  noncustodial parent is entitled to:
4106  (a) three three-hour visits every week; and
4107  (b) two hours for each holiday granted to the noncustodial parent in the holiday schedule
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       S.B. 257  Enrolled Copy
4108  under Subsection (15).
4109     (5) For a minor child who is at least nine months old but younger than 12 months old, the
4110  noncustodial parent is entitled to:
4111  (a) one eight-hour visit every week;
4112  (b) one three-hour visit every week; and
4113  (c) eight hours for each holiday granted to the noncustodial parent in accordance with
4114  the holiday schedule under Subsection (15).
4115     (6) For a minor child who is at least 12 months old but younger than 18 months old, the
4116  noncustodial parent is entitled to:
4117  (a) one three-hour visit every week;
4118  [(b) one eight-hour visit on alternating weekends to be specified by the noncustodial
4119  parent or court;]
4120  [(c)] (b) [an overnight visit on opposite weekends from Subsection (6)(b)] beginning on
4121  the first weekend after the entry of the decree, alternating weekends beginning at [6]
4122  5:30 p.m. on Friday and ending [at noon on Saturday] on Sunday at 7:30 p.m.; and
4123  [(d)] (c) eight hours for each holiday granted to the noncustodial parent in the holiday
4124  schedule under Subsection (15).
4125     (7) For a minor child who is at least 18 months old but younger than three years old, the
4126  noncustodial parent is entitled to:
4127  (a) one weekday evening to be specified by the noncustodial parent or the court:
4128  (i) beginning at 5:30 p.m. and ending at [8:30] 7:30 p.m.; or
4129  (ii) if the minor child is being cared for during the day outside the minor child's
4130  regular place of residence and with advance notice to the custodial parent,
4131  beginning at the time that the minor child is picked up from the caregiver and
4132  ending at [8:30] 7:30 p.m.;
4133  (b) beginning on the first weekend after the entry of the decree, alternating weekends
4134  beginning at [6] 5:30 p.m. on Friday and ending at [7] 7:30 p.m. on Sunday;
4135  (c) each holiday granted to the noncustodial parent in accordance with the holiday
4136  schedule described in Subsection (15); and
4137  (d) extended parent-time for two one-week periods, separated by at least four weeks, at
4138  the option of the noncustodial parent, as follows:
4139  (i) one week of uninterrupted parent-time for the noncustodial parent, beginning at 8
4140  a.m. on the first day and ending at 7:30 p.m. on the last day; and
4141  (ii) one week of interrupted parent-time, beginning at 8 a.m. on the first day and
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       Enrolled Copy  S.B. 257
4142  ending at 7:30 p.m. on the last day, where the custodial parent may have an equal
4143  amount of weekday parent-time as the noncustodial parent on the same day on
4144  which the noncustodial parent is granted weekday parent-time under Subsection
4145  (7)(a).
4146    (8) For a minor child who is at least three years old but younger than five years old, the
4147        noncustodial parent is entitled to:
4148        (a) one weekday evening to be specified by the noncustodial parent or the court:
4149  (i) beginning at 5:30 p.m. and ending at [8:30] 7:30 p.m.; or
4150  (ii) if the minor child is being cared for during the day outside the minor child's
4151  regular place of residence and with advance notice to the custodial parent,
4152  beginning at the time that the minor child is picked up from the caregiver and
4153  ending at [8:30] 7:30 p.m.;
4154        (b) beginning on the first weekend after the entry of the decree, alternating weekends
4155  beginning at [6] 5:30 p.m. on Friday and ending at [7] 7:30 p.m. on Sunday;
4156        (c) each holiday granted to the noncustodial parent in accordance with the holiday
4157  schedule described in Subsection (15); and
4158        (d) extended parent-time for two two-week periods, separated by at least four weeks, at
4159  the option of the noncustodial parent, as follows:
4160  (i) two weeks of uninterrupted parent-time, [which may be consecutive, ]for the
4161  noncustodial parent, beginning at 8 a.m. on the first day and ending at 7:30 p.m.
4162  on the last day; and
4163  (ii) two weeks of interrupted parent-time, [which may be consecutive,] beginning at 8
4164  a.m. on the first day and ending at 7:30 p.m. on the last day, where the custodial
4165  parent may have an equal amount of weekday parent-time as the noncustodial
4166  parent on the same day on which the noncustodial parent is granted weekday
4167  parent-time under Subsection [(8)(a)] (8)(a)(i).
4168    (9) For a minor child who is at least 18 months old but younger than five years old, the
4169        custodial parent is entitled to one week of uninterrupted extended parent-time.
4170    (10)(a) For a minor child who is nine months old or older, the noncustodial parent shall
4171        have at least two times a week:
4172  (i) brief telephone contact at reasonable hours and for a reasonable duration; and
4173  (ii) virtual parent-time, if the equipment is reasonably available and the parents reside
4174  at least 100 miles apart, at reasonable hours and for reasonable duration.
4175        (b) If the parties cannot agree on whether the equipment is reasonably available, the
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         S.B. 257  Enrolled Copy
4176  court shall decide whether the equipment for virtual parent-time is reasonably
4177  available, taking into consideration:
4178  (i) the best interests of the minor child;
4179  (ii) each parent's ability to handle any additional expenses for virtual parent-time; and
4180  (iii) any other factors the court considers material.
4181  (c) Virtual parent-time supplements, but does not replace, in-person parent-time.
4182       (11) For a minor child who is younger than nine months old, unless the parents agree
4183  otherwise, parent-time should take place in the home of the custodial parent, an
4184  established child-care setting, or other environment familiar to the minor child, at the
4185  option of the noncustodial parent.
4186       (12)(a) Changes may not be made to the parent-time schedule under this section, except
4187  that if a conflict arises in the parent-time schedule, the following order of precedence
4188  shall be applied when determining which parent is entitled to parent-time:
4189  (i) the holiday schedule for Mother's Day or Father's Day under Subsection (15);
4190  (ii) the holiday schedule for the minor child's birthday, unless a parent is exercising
4191  uninterrupted extended parent-time under Subsection (7)(d), (8)(d), or (9) and
4192  takes the minor child away from that parent's residence during the uninterrupted
4193  extended parent-time;
4194  (iii) the holiday schedule for any holiday under Subsection (15) that is not Father's
4195  Day, Mother's Day, or the minor child's birthday;
4196  (iv) extended parent-time under Subsection (7)(d), (8)(d), or (9); and
4197  (v) the schedule for weekday or weekend parent-time.
4198  (b) A parent exercising parent-time for the minor child's birthday may bring other
4199  siblings along for the minor child's birthday.
4200       (13) If a holiday falls on a regularly scheduled school day, the parent exercising parent-time
4201  shall be responsible for the minor child's attendance at school for that school day.
4202       (14) A parent shall notify the other parent at least 30 days in advance of the parent's plans
4203  for the exercise of extended parent-time under Subsection (7)(d), (8)(d), or (9).
4204       (15) The following table is the holiday schedule for parent-time under this section.
4205
  4206      Holiday  Holiday Time Period  Years  Years Custodial
                                                                             Noncustodial  Parent is Granted
                                                                             Parent is Granted     Holiday
                                                                             Holiday
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       Enrolled Copy  S.B. 257
4207      Dr. Martin Luther (1) Holiday begins on Friday at:  Odd years  Even years
          King Jr. Day       (a) [9] 8 a.m. if the parent is available to
                             be with the minor child; or
                             (b) [6] 5:30 p.m. at the election of the
                             parent granted the holiday.
                             (2) Holiday ends at [7] 7:30 p.m. on Dr.
                             Martin Luther King Jr. Day.
4208      [President's] Presidents'
                              (1) Holiday begins on Friday at:  Even years        Odd years
          Day  (a) [9] 8 a.m. if the parent is available to
                             be with the minor child; or
                             (b) [6] 5:30 p.m. at the election of the
                             parent granted the holiday.
                             (2) Holiday ends at [7] 7:30 p.m. on
                             [President's] Presidents' Day.
4209      Spring Break       (1) Holiday begins at [6] 5:30 p.m. on  Odd years  Even years
                             the day that school dismisses for spring
                             break.
                             (2) Holiday ends at [7] 7:30 p.m. on the
                             day before school resumes.
4210      Memorial Day       (1) Holiday begins on Friday at:  Even years        Odd years
                             (a) [9] 8 a.m. if the parent is available to
                             be with the minor child; or
                             (b) [6] 5:30 p.m. at the election of the
                             parent granted the holiday.
                             (2) Holiday ends at [7] 7:30 p.m. on
                             Memorial Day.
4211      Mother's Day       (1) Holiday begins [on Mother's Day at  All years if      All years if custodial
                             9 a.m.] at 5:30 p.m. on the day before  noncustodial      parent is the mother
                             Mother's Day.  parent is the     or other parent
                             (2) Holiday ends on Mother's Day at  mother or other   designated in the
                             [7] 7:30 p.m.  parent designated order.
                                                                            in the order.
                                                      - 135 -
       S.B. 257  Enrolled Copy
4212      Father's Day   (1) Holiday begins [on Father's Day at  All years if        All years if custodial
                         9 a.m.] at 5:30 p.m. on the day before  noncustodial        parent is the father
                         Father's Day.  parent is the father or other parent
                         (2) Holiday ends on Father's Day at  or other parent     designated in the
                         [7] 7:30 p.m.  designated in the   order.
                                                                        order.
4213      Juneteenth     (1) Holiday begins at:  Even years  Odd years
          National       (a) [6] 5:30 p.m. on the day before
          Freedom Day    Juneteenth National Freedom Day if the
                         day before Juneteenth National Freedom
                         Day is not Father's Day; or
                         (b) [9] 8 a.m. on Juneteenth National
                         Freedom Day if the day before Juneteenth
                         National Freedom Day is Father's Day.
                         (2) Holiday ends at [6] 7:30 p.m. on
                         the day following Juneteenth National
                         Freedom Day.
4214      Independence   (1) Holiday begins on July 3rd at  Odd years  Even years
          Day  [6] 5:30 p.m.
                         (2) Holiday ends on July 5th at [6] 7:30
                         p.m.
4215      Pioneer Day    (1) Holiday begins on July 23rd at  Even years  Odd years
                         [6] 5:30 p.m.
                         (2) Holiday ends on July 25th at [6] 7:30
                         p.m.
4216      Labor Day      (1) Holiday begins on Friday at:  Odd years  Even years
                         (a) [9] 8 a.m. if the parent is available to
                         be with the minor child; or
                         (b) [6] 5:30 p.m. at the election of the
                         parent granted the holiday.
                         (2) Holiday ends at [7] 7:30 p.m. on
                         Labor Day.
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       Enrolled Copy  S.B. 257
4217      [Columbus Day   (1) Holiday begins at 6 p.m. on the day       Even years   Odd years]
                          before Columbus Day.
                          (2) Holiday ends at 7 p.m. on Columbus
                          Day.
4218      Fall Break      (1) Holiday begins at [6] 5:30 p.m. on        Odd years    Even years
                          the day school is dismissed for fall break.
                          (2) Holiday ends at [7] 7:30 p.m. on the
                          day before school resumes.
4219      Halloween       (1) Holiday begins on October 31st or  Even years   Odd years
                          the day that Halloween is traditionally
                          celebrated in the local community:
                          (a) at the time that school is dismissed;
                          or
                          (b) at [4] 3 p.m. if there is no school.
                          (2) Holiday ends at [9] 7:30 p.m. on the
                          same day the holiday begins.
4220      [Veterans Day   (1) Holiday begins at 6 p.m. on the day       Odd years    Even years]
                          before Veterans Day.
                          (2) Holiday ends at 7 p.m. on Veterans
                          Day.
4221      Thanksgiving    (1) Holiday begins at [6] 5:30 p.m.  Even years   Odd years
                          on the day that school dismisses for
                          Thanksgiving.
                          (2) Holiday ends at [7] 7:30 p.m. on day
                          before school resumes.
4222      Winter Break    (1) Holiday begins at [6] 5:30 p.m. on        Odd years    Even years
          (First Half)    the day on that school dismisses for
                          winter break.
                          (2) Holiday ends on December 27th at
                          [7] 7:30 p.m.
4223      Winter Break    (1) Holiday begins on December 27th at Even years  Odd years
          (Second Half)   [7] 7:30 p.m.
                                                   - 137 -
        S.B. 257  Enrolled Copy
                                   (2) Holiday ends at [7] 7:30 p.m. on the
                                   day before school resumes.
 4224      Day of Minor  (1) Holiday begins at 3 p.m.  Even years  Odd years
           Child's Birthday        (2) Holiday ends at [9] 7:30 p.m.
 4225      Day Before or  (1) Holiday begins at 3 p.m.  Odd years  Even years
           After Minor  (2) Holiday ends at [9] 7:30 p.m.
           Child's Birthday
4226  Section 53. Section 81-9-402 is amended to read:
4227  81-9-402 . Custody and visitation for individuals other than a parent -- Venue.
4228      (1)(a) In accordance with Section 80-2a-201, it is the public policy of this state that a
4229  parent retain the fundamental right and duty to exercise primary control over the care,
4230  supervision, upbringing, and education of a minor child of the parent.
4231  (b) There is a rebuttable presumption that a parent's decisions are in the minor child's
4232  best interests.
4233      (2) The presumption in Subsection (1) is rebutted and a court may grant custodial or
4234  visitation rights to an individual other than a parent if the court finds, by clear and
4235  convincing evidence, that the individual seeking custodial or visitation rights has
4236  established that:
4237  (a) the individual has intentionally assumed the role and obligations of a parent;
4238  (b) the individual and the minor child have formed a substantial emotional bond and
4239  created a parent-child type relationship;
4240  (c) the individual substantially contributed emotionally or financially to the minor child's
4241  well being;
4242  (d) the assumption of the parental role is not the result of a financially compensated
4243  surrogate care arrangement;
4244  (e) the continuation of the relationship between the individual and the minor child is in
4245  the minor child's best interest;
4246  (f) the loss or cessation of the relationship between the individual and the minor child
4247  would substantially harm the minor child; and
4248  (g) the parent:
4249  (i) is absent as of the time of filing of the petition;
4250  (ii) does not have the ability to exercise primary physical custody of the minor child
4251  as of the time of filing of the petition; or
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       Enrolled Copy  S.B. 257
4252  (iii) has abused or neglected the minor child, or that another court has found that the
4253  parent has abused or neglected the minor child.
4254    (3) Notwithstanding Title 78B, Chapter 3a, Venue for Civil Actions, or Section 78A-6-350,
4255        an individual shall file a verified petition, or a petition supported by an affidavit, for
4256        custodial or visitation rights to the minor child in the juvenile court if a matter is pending
4257        in the juvenile court, or in the district court in the county where the minor child:
4258        (a) currently resides; or
4259        (b) lived with a parent or an individual other than a parent who acted as a parent within
4260  six months before the commencement of the action.
4261    (4) An individual may file a petition under this section in a pending divorce, parentage
4262        action, or other proceeding, including a proceeding in the juvenile court involving
4263        custody of or visitation with a minor child.
4264    (5) The petition shall include detailed facts supporting the petitioner's right to file the
4265        petition including the criteria set forth in Subsection (2) and residency information
4266        described in Section 81-11-209.
4267    (6) An individual may not file a petition under this section against a parent who is actively
4268        serving outside the state in any branch of the military.
4269    (7) Notice of a petition filed pursuant to this chapter shall be served in accordance with the
4270        Utah Rules of Civil Procedure on all of the following:
4271        (a) the minor child's biological, adopted, presumed, declarant, and adjudicated parents;
4272        (b) any individual who has court-ordered custody or visitation rights;
4273        (c) the minor child's guardian;
4274        (d) the guardian ad litem, if one has been appointed;
4275        (e) an individual or agency that has physical custody of the minor child or that claims to
4276  have custody or visitation rights; and
4277        (f) any other individual or agency that has previously appeared in any action regarding
4278  custody of or visitation with the minor child.
4279    (8) The court may order a custody evaluation to be conducted in any proceeding brought
4280        under this section.
4281    (9) The court may enter temporary orders in a proceeding brought under this section
4282        pending the entry of final orders.
4283    (10) Except as provided in Subsection (11), a court may not grant custody of a minor child
4284        under this section to an individual:
4285        (a) who is not the parent of the minor child; and
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       S.B. 257  Enrolled Copy
4286  (b) who, before a custody order is issued, is convicted, pleads guilty, or pleads no
4287  contest to a felony or attempted felony involving conduct that constitutes any of the
4288  following:
4289  (i) child abuse, as described in [Sections 76-5-109, 76-5-109.2, 76-5-109.3,
4290  76-5-109.4, and 76-5-114] Section 76-5-109;
4291  (ii) aggravated child abuse, as described in Section 76-5-109.2;
4292  (iii) child abandonment, as described in Section 76-5-109.3;
4293  (iv) child torture, as described in Section 76-5-109.4;
4294  (v) commission of domestic violence in the presence of a child, as described in
4295  Section 76-5-114;
4296  [(ii)] (vi) child abuse homicide, as described in Section 76-5-208;
4297  [(iii)] (vii) child kidnapping, as described in Section 76-5-301.1;
4298  [(iv)] (viii) human trafficking of a child, as described in Section 76-5-308.5;
4299  [(v)] (ix) sexual abuse of a minor, as described in Section 76-5-401.1;
4300  [(vi)] (x) rape of a child, as described in Section 76-5-402.1;
4301  [(vii)] (xi) object rape of a child, as described in Section 76-5-402.3;
4302  [(viii)] (xii) sodomy on a child, as described in Section 76-5-403.1;
4303  [(ix)] (xiii) sexual abuse of a child, as described in Section 76-5-404.1, or aggravated
4304  sexual abuse of a child, as described in Section 76-5-404.3;
4305  [(x)] (xiv) sexual exploitation of a minor, as described in Section 76-5b-201;
4306  [(xi)] (xv) aggravated sexual exploitation of a minor, as described in Section
4307  76-5b-201.1; or
4308  [(xii)] (xvi) an offense in another state that, if committed in this state, would
4309  constitute an offense described in this Subsection (10).
4310     (11)(a) As used in this Subsection (11), "disqualifying offense" means an offense listed
4311  in Subsection (10) that prevents a court from granting custody except as provided in
4312  this Subsection (11).
4313  (b) An individual described in Subsection (10) may only be considered for custody of a
4314  minor child if the following criteria are met by clear and convincing evidence:
4315  (i) the individual is a relative, as defined in Section 80-3-102, of the minor child;
4316  (ii) at least 10 years have elapsed from the day on which the individual is
4317  successfully released from prison, jail, parole, or probation related to a
4318  disqualifying offense;
4319  (iii) during the 10 years before the day on which the individual files a petition with
                                                       - 140 -
       Enrolled Copy  S.B. 257
4320  the court seeking custody the individual has not been convicted, plead guilty, or
4321  plead no contest to an offense greater than an infraction or traffic violation that
4322  would likely impact the health, safety, or well-being of the minor child;
4323  (iv) the individual can provide evidence of successful treatment or rehabilitation
4324  directly related to the disqualifying offense;
4325  (v) the court determines that the risk related to the disqualifying offense is unlikely to
4326  cause harm, as defined in Section 80-1-102, or potential harm to the minor child
4327  currently or at any time in the future when considering all of the following:
4328  (A) the minor child's age;
4329  (B) the minor child's gender;
4330  (C) the minor child's development;
4331  (D) the nature and seriousness of the disqualifying offense;
4332  (E) the preferences of a minor child who is 12 years old or older;
4333  (F) any available assessments, including custody evaluations, parenting
4334  assessments, psychological or mental health assessments, and bonding
4335  assessments; and
4336  (G) any other relevant information;
4337  (vi) the individual can provide evidence of the following:
4338  (A) the relationship with the minor child is of long duration;
4339  (B) that an emotional bond exists with the minor child; and
4340  (C) that custody by the individual who has committed the disqualifying offense
4341  ensures the best interests of the minor child are met;
4342  (vii)(A) there is no other responsible relative known to the court who has or likely
4343  could develop an emotional bond with the minor child and does not have a
4344  disqualifying offense; or
4345  (B) if there is a responsible relative known to the court that does not have a
4346  disqualifying offense, Subsection (11)(d) applies; and
4347  (viii) that the continuation of the relationship between the individual with the
4348  disqualifying offense and the minor child could not be sufficiently maintained
4349  through any type of visitation if custody were given to the relative with no
4350  disqualifying offense described in Subsection (11)(d).
4351        (c) The individual with the disqualifying offense bears the burden of proof regarding
4352  why placement with that individual is in the best interest of the minor child over
4353  another responsible relative or equally situated individual who does not have a
                                                     - 141 -
       S.B. 257  Enrolled Copy
4354  disqualifying offense.
4355  (d) If, as provided in Subsection (11)(b)(vii)(B), there is a responsible relative known to
4356  the court who does not have a disqualifying offense:
4357  (i) preference for custody is given to a relative who does not have a disqualifying
4358  offense; and
4359  (ii) before the court may place custody with the individual who has the disqualifying
4360  offense over another responsible, willing, and able relative:
4361  (A) an impartial custody evaluation shall be completed; and
4362  (B) a guardian ad litem shall be assigned.
4363     (12) Subsections (10) and (11) apply to a case pending on March 25, 2017, for which a final
4364  decision on custody has not been made and to a case filed on or after March 25, 2017.
4365  Section 54. Section 81-13-204 is amended to read:
4366  81-13-204 . Petition for adoption of a minor child.
4367     (1) A person may bring a petition for adoption of a minor child:
4368  (a) before the birth of the minor child; or
4369  (b) before or after the minor child is placed in the home of the adoptive parent for the
4370  purpose of adoption.
4371     (2)(a) Except as provided in Subsection (2)(c), a petition for adoption of a minor child
4372  shall state whether the minor child was born in another state.
4373  (b) If the minor child was born in another state, the petition and the court's final decree
4374  of adoption shall state that the requirements of Title 80, Chapter 2, Part 9, Interstate
4375  Compact on Placement of Children, have been complied with.
4376  (c) This Subsection (2) does not apply if the prospective adoptive parent is not required
4377  to complete a preplacement adoptive evaluation under Section [81-13-404] 81-13-403.
4378     (3) In any adoption proceeding involving an "Indian child," as defined in 25 U.S.C. Sec.
4379  1903, a child-placing agency and a petitioner shall comply with the Indian Child
4380  Welfare Act, 25 U.S.C. Sec. 1901 et seq.
4381  Section 55. Section 81-13-205 is amended to read:
4382  81-13-205 . Petition to terminate parental rights of a minor child.
4383     (1) A party may bring a petition seeking to terminate parental rights [of] to a minor child for
4384  the purpose of facilitating the adoption of the minor child in a court with jurisdiction
4385  under Title 78A, Judiciary and Judicial Administration.
4386     (2) A petition to terminate parental rights under this section may be:
4387  (a) joined with a proceeding on an adoption petition; or
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       Enrolled Copy  S.B. 257
4388        (b) filed as a separate proceeding before or after a petition to adopt the minor child is
4389  filed.
4390    (3) A court may enter a final order terminating parental rights before a final decree of
4391        adoption is entered.
4392    (4)(a) Nothing in this section limits the jurisdiction of a juvenile court relating to
4393        proceedings to terminate parental rights as described in Section 78A-6-103.
4394        (b) A court may not terminate parental rights [of] to a minor child if the minor child is
4395  under the jurisdiction of the juvenile court in a pending abuse, neglect, dependency,
4396  or termination of parental rights proceeding.
4397    (5) The court may terminate an individual's parental rights [of] to a minor child if:
4398        (a) the individual executes a voluntary consent to adoption, or relinquishment for
4399  adoption, of the minor child, in accordance with:
4400  (i) the requirements of this chapter; or
4401  (ii) the laws of another state or country, if the consent is valid and irrevocable;
4402        (b) the individual is an unmarried biological father who is not entitled to consent to
4403  adoption, or relinquishment for adoption, under Section 81-13-212 or 81-13-213;
4404        (c) the individual:
4405  (i) received notice of the adoption proceeding relating to the minor child under
4406  Section 81-13-207; and
4407  (ii) failed to file a motion for relief, under Subsection 81-13-207(6), within 30 days
4408  after the day on which the individual was served with notice of the adoption
4409  proceeding;
4410        (d) the court finds, under Section 81-5-607, that the individual is not a parent of the
4411  minor child; or
4412        (e) the individual's parental rights are terminated on grounds described in Title 80,
4413  Chapter 4, Termination and Restoration of Parental Rights, and termination is in the
4414  best interests of the minor child.
4415    (6) The court shall appoint an indigent defense service provider in accordance with Title
4416        78B, Chapter 22, Indigent Defense Act, to represent a parent, as defined in Section
4417        81-13-211, who faces any action initiated by a private party under Title 80, Chapter 4,
4418        Termination and Restoration of Parental Rights, or whose parental rights are subject to
4419        termination under this section.
4420    (7) If a county incurs expenses in providing indigent defense services to an indigent
4421        individual facing any action initiated by a private party under Title 80, Chapter 4,
                                                      - 143 -
       S.B. 257  Enrolled Copy
4422  Termination and Restoration of Parental Rights, or termination of parental rights under
4423  this section, the county may apply for reimbursement from the Utah Indigent Defense
4424  Commission in accordance with Section 78B-22-406.
4425     (8) A petition filed under this section is subject to the procedural requirements of this
4426  chapter.
4427  Section 56. Section 81-13-207 is amended to read:
4428  81-13-207 . Notice of an adoption proceeding for a minor child.
4429     (1) A petitioner in an adoption proceeding described in Section 81-13-204, 81-13-205, or
4430  81-13-206 shall serve a notice of the adoption proceeding on each of the following
4431  persons:
4432  (a) any person or agency whose consent or relinquishment is required under Section
4433  81-13-212 or 81-13-213, unless that right has been terminated by:
4434  (i) waiver;
4435  (ii) relinquishment;
4436  (iii) actual or implied consent; or
4437  (iv) judicial action;
4438  (b) any person who has initiated a parentage proceeding and filed notice of that action
4439  with [the ]the office in accordance with Subsection (3);
4440  (c) any legally appointed custodian or guardian of the child adoptee;
4441  (d) the petitioner's spouse if the petitioner is married and the petitioner's spouse has not
4442  joined in the petition;
4443  (e) the child adoptee's spouse if the child adoptee is married;
4444  (f) any individual who, before the time the birth mother executes the birth mother's
4445  consent for adoption or relinquishes the child adoptee for adoption, is recorded on the
4446  birth certificate as the child adoptee's parent, with the knowledge and consent of the
4447  birth mother;
4448  (g) any individual who is:
4449  (i) openly living in the same household with the child adoptee at the time the consent
4450  is executed or relinquishment made; and
4451  (ii) holding the individual out to be the child adoptee's parent; and
4452  (h) an individual who is married to the child adoptee's birth mother at the time the birth
4453  mother executes the birth mother's consent to the adoption or relinquishes the child
4454  adoptee for adoption, unless the court finds that the mother's spouse is not the child
4455  adoptee's parent under Section 81-5-607.
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       Enrolled Copy  S.B. 257
4456    (2)(a) Except as provided in Subsections (2)(b) and (c), the petitioner may serve the
4457        notice described in Subsection (1) at any time after the petition for the adoption
4458        proceeding is filed.
4459        (b) The petitioner may not serve the notice described in Subsection (2)(a) on a birth
4460  mother before the birth mother has given birth to the minor child who is the subject
4461  of the petition.
4462        (c) The petitioner shall serve the notice described in Subsection (1) at least 30 days prior
4463  to the final dispositional hearing.
4464    (3)(a) An unmarried biological father, by virtue of the fact that the unmarried biological
4465        father has engaged in a sexual relationship with a woman:
4466  (i) is considered to be on notice that a pregnancy and an adoption proceeding
4467  regarding a minor child may occur; and
4468  (ii) has a duty to protect the unmarried biological father's own rights and interests.
4469        (b) An unmarried biological father is entitled to actual notice of a birth or an adoption
4470  proceeding with regard to the unmarried biological father's minor child only as
4471  provided in this section or Section 81-13-209.
4472        (c) In order to preserve any right to notice, an unmarried biological father shall,
4473  consistent with Subsection (3)(f):
4474  (i) initiate proceedings in a court with jurisdiction under Title 78A, Judiciary and
4475  Judicial Administration, to establish parentage under Chapter 5, Uniform
4476  Parentage Act; and
4477  (ii) file a notice of commencement of the proceedings described in Subsection
4478  (3)(c)(i) with the office.
4479        (d) Notwithstanding Section 81-13-102 or Title 78B, Chapter 3a, Venue for Civil
4480  Actions, an unmarried biological father may initiate an action described in
4481  Subsection (3)(c) in any county if the unmarried biological father does not know the
4482  county in which the birth mother resides.
4483        (e) The Department of Health and Human Services shall provide forms for the purpose
4484  of filing the notice described in Subsection (3)(c)(ii), and make those forms available
4485  in the office of the county health department in each county.
4486        (f) When the office receives a completed form, the office shall:
4487  (i) record the date and time the form was received; and
4488  (ii) immediately enter the information provided by the unmarried biological father in
4489  the confidential registry described in Subsection 81-13-213(4)(c).
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       S.B. 257  Enrolled Copy
4490  (g)(i) An unmarried biological father may file the action and notice described in
4491  Subsection (3)(c) before or after the minor child's birth.
4492  (ii) An unmarried biological father shall file the action and notice described in
4493  Subsection (3)(c) before the birth mother's:
4494  (A) execution of consent to adoption of the minor child; or
4495  (B) relinquishment of the minor child for adoption.
4496  (h) Notwithstanding Subsection [(2)(b)] (3)(b), an unmarried biological father is not
4497  entitled to notice of an adoption proceeding in a case where it is shown that the minor
4498  child was conceived as a result of conduct that constitutes a sexual offense,
4499  regardless of whether the unmarried biological father is formally charged with or
4500  convicted of the sexual offense.
4501     (4) Notice provided in accordance with this section need not disclose the name of the birth
4502  mother of the minor child who is the subject of an adoption proceeding.
4503     (5) The notice required by this section:
4504  (a) shall specifically state that the person served shall fulfill the requirements of
4505  Subsection (6)(a) within 30 days after the day on which the person receives service if
4506  the person intends to intervene in or contest the adoption;
4507  (b) shall state the consequences, described in Subsection (6)(b), for failure of a person to
4508  file a motion for relief within 30 days after the day on which the person is served
4509  with notice of an adoption proceeding;
4510  (c) is not required to include, or be accompanied by, a summons or a copy of the petition
4511  for adoption;
4512  (d) shall state where the person may obtain a copy of the petition for adoption; and
4513  (e) shall indicate the right to the appointment of counsel for a party whom the court
4514  determines is indigent and at risk of losing the party's parental rights.
4515     (6)(a) A person who has been served with notice of an adoption proceeding and who
4516  wishes to contest the adoption shall file a motion to intervene in the adoption
4517  proceeding:
4518  (i) within 30 days after the day on which the person was served with notice of the
4519  adoption proceeding;
4520  (ii) setting forth specific relief sought; and
4521  (iii) accompanied by a memorandum specifying the factual and legal grounds upon
4522  which the motion is based.
4523  (b) A person who fails to fully and strictly comply with all of the requirements described
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4524  in Subsection (6)(a) within 30 days after the day on which the person was served with
4525  notice of the adoption proceeding:
4526  (i) waives any right to further notice in connection with the adoption;
4527  (ii) forfeits all rights in relation to the adoptee; and
4528  (iii) is barred from thereafter bringing or maintaining any action to assert any interest
4529  in the adoptee.
4530    (7)(a)(i) Subject to Subsection (5)(c), the petitioner shall serve a person whose
4531        consent is necessary under Section 81-13-212 or 81-13-213 in accordance with the
4532        Utah Rules of Civil Procedure.
4533  (ii) If service of a person described in Subsection (7)(a)(i) is by publication, the court
4534  shall designate the content of the notice regarding the identity of the parties.
4535  (iii) The notice described in this Subsection (7)(a) may not include the name of a
4536  person seeking to adopt the adoptee.
4537        (b)(i) Except as provided in Subsection (7)(b)(ii) to any other person for whom notice
4538  is required under this section, service by certified mail, return receipt requested, is
4539  sufficient.
4540  (ii) If the service described in Subsection (7)(b)(i) cannot be completed after two
4541  attempts, the court may issue an order providing for service by publication,
4542  posting, or by any other manner of service.
4543        (c) Notice to an individual, who has initiated a parentage proceeding and filed notice of
4544  that action with the office in accordance with the requirements of Subsection (3),
4545  shall be served by certified mail, return receipt requested, at the last address filed
4546  with the office.
4547    (8) The notice required by this section may be waived in writing by the person entitled to
4548        receive notice.
4549    (9) Proof of service of notice on all persons for whom notice is required by this section
4550        shall be filed with the court before the final dispositional hearing on the adoption.
4551    (10) Notwithstanding any other provision of law, neither the notice of an adoption
4552        proceeding nor any process in that proceeding is required to contain the name of the
4553        person or persons seeking to adopt the child adoptee.
4554    (11) Except as to those persons whose consent to an adoption is required under Section
4555        81-13-212 or 81-13-213, the sole purpose of notice under this section is to enable the
4556        person served to:
4557        (a) intervene in the adoption; and
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       S.B. 257  Enrolled Copy
4558  (b) present evidence to the court relevant to the best interest of the child adoptee.
4559  Section 57. Section 81-13-212 is amended to read:
4560  81-13-212 . Necessary consent to adoption or relinquishment for adoption of a
4561     minor child -- Implied consent.
4562     (1) Except as provided in Subsection (2), the following persons are required to consent to
4563  an adoption of a minor child, or to relinquishment of a minor child, before an adoption
4564  of the minor child is granted:
4565  (a) if the child adoptee is 12 years old or older, the child adoptee unless the child
4566  adoptee does not have the mental capacity to consent;
4567  (b) a man or woman who:
4568  (i) by operation of law under Section [81-5-204] 81-5-201, is recognized as the father
4569  or mother of the proposed adoptee, unless:
4570  (A) the presumption is rebutted under Section 81-5-607;
4571  (B) at the time of the marriage, the man or woman knew or reasonably should
4572  have known that the marriage to the mother of the proposed child adoptee was
4573  or could be declared invalid; or
4574  (C) the man or woman was not married to the mother of the proposed child
4575  adoptee until after the mother consented to adoption, or relinquishment for
4576  adoption, of the proposed child adoptee; or
4577  (ii) is the parent of the child adoptee by a previous legal adoption;
4578  (c) the birth mother of the child adoptee;
4579  (d) an individual who has been adjudicated to be the child adoptee's parent by a court
4580  with jurisdiction before the birth mother's execution of consent to adoption or the
4581  birth mother's relinquishment of the child adoptee for adoption;
4582  (e) consistent with Subsection (3), an individual who has executed and filed a voluntary
4583  declaration of paternity with the office in accordance with Chapter 5, Uniform
4584  Parentage Act, before the birth mother's execution of consent to adoption or the birth
4585  mother's relinquishment of the child adoptee for adoption;
4586  (f) an unmarried biological father of the child adoptee, whose consent is not required
4587  under Subsection (1)(d) or (1)(e), only if the unmarried biological father fully and
4588  strictly complies with the requirements of Section 81-13-213; and
4589  (g) the person or agency to whom an adoptee has been relinquished and that is placing
4590  the child adoptee for adoption.
4591     (2) The consent or relinquishment of an individual described in Subsections (1)(b) through
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4592        (f) is not required if the individual's parental rights relating to the child adoptee have
4593        been terminated by a court.
4594    (3) For purposes of Subsection (1)(e), a voluntary declaration of paternity is considered
4595        filed when the voluntary declaration is entered into a database that:
4596        (a) can be accessed by the Department of Health and Human Services; and
4597        (b) is designated by the office as the official database for voluntary declarations of
4598  paternity.
4599    (4)(a) Except as provided in Subsection (4)(b), a person described in Subsection (1) may
4600        execute a consent or relinquishment at any time, including before the birth of the
4601        child adoptee.
4602        (b) A birth mother may not consent to the adoption of the child adoptee, or relinquish
4603  control or custody of the child adoptee, until at least 24 hours after the birth of the
4604  child adoptee.
4605        (c) A child adoptee may not execute a consent to an adoption until the child adoptee is at
4606  least 12 years old.
4607    (5)(a) A birth parent who is younger than 18 years old has the power to:
4608  (i) consent to the adoption of the birth parent's minor child; and
4609  (ii) relinquish the birth parent's control or custody of the minor child for adoption.
4610        (b) The consent or relinquishment described in Subsection (5)(a) is valid and has the
4611  same force and effect as a consent or relinquishment executed by a birth parent who
4612  is an adult.
4613        (c) A birth parent, who is younger than 18 years old and has executed a consent or
4614  relinquishment, cannot revoke that consent or relinquishment upon reaching 18 years
4615  old or otherwise becoming emancipated.
4616    (6) A consent or relinquishment is effective when the consent or relinquishment is signed
4617        and may not be revoked.
4618    (7)(a) As used in this Subsection (7):
4619  (i) "Abandonment" means failure of a birth parent, with reasonable knowledge of the
4620  pregnancy, to offer and provide financial and emotional support to the birth
4621  mother for a period of 180 days before the day on which the child adoptee is born.
4622  (ii) "Emotional support" means a pattern of statements or actions that indicate to a
4623  reasonable person that a birth parent intends to provide for the physical and
4624  emotional well-being of an unborn child adoptee.
4625        (b) A consent or relinquishment required by Subsection (1) may be implied by any of
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       S.B. 257  Enrolled Copy
4626  the following acts:
4627  (i) abandonment;
4628  (ii) leaving the child adoptee with a third party for 30 consecutive days without
4629  providing the third party with the birth parent's identification;
4630  (iii) knowingly leaving the child adoptee with another person for 180 consecutive
4631  days without providing for support, communicating, or otherwise maintaining a
4632  substantial relationship with the child adoptee; or
4633  (iv) receiving notification of a pending adoption proceeding as described in Section
4634  81-13-207, or of a termination proceeding described in Section 81-13-205, and
4635  failing to respond as required.
4636  (c) For purposes of this Subsection (7), a court may not:
4637  (i) determine that a birth parent abandoned the birth mother if the birth parent failed
4638  to provide financial or emotional support because the birth mother refused to
4639  accept support; or
4640  (ii) find that the birth parent failed to provide emotional support if the individual's
4641  failure was due to impossibility of performance.
4642  (d) Implied consent under this Subsection (7) may not be withdrawn.
4643  (e) Nothing in this Subsection (7) negates the requirements of Section 81-13-213 for an
4644  unmarried biological father.
4645  Section 58. Section 81-13-213 is amended to read:
4646  81-13-213 . Consent of unmarried biological father.
4647     (1) As used in this section, "qualifying circumstance" means that, at any point during the
4648  time period beginning at the conception of the child adoptee and ending at the time that
4649  the birth mother executes a consent to adoption or relinquishment of the child adoptee
4650  for adoption:
4651  (a) the child adoptee or the child adoptee's birth mother resided on a permanent basis, or
4652  a temporary basis of no less than 30 consecutive days, in the state;
4653  (b) the birth mother intended to give birth to the child adoptee in the state;
4654  (c) the child adoptee was born in the state; or
4655  (d) the birth mother intended to execute a consent to adoption or relinquishment of the
4656  child adoptee for adoption in the state or under the laws of the state.
4657     (2) Except as provided in Subsections (3)(a) and (8), and subject to Subsections (6) and (7),
4658  the consent of an unmarried biological father to the adoption of a child adoptee, who is
4659  placed with prospective adoptive parents more than 180 days after birth, is not required
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4660        unless the unmarried biological father:
4661        (a)(i) developed a substantial relationship with the child adoptee by:
4662  (A) visiting the child adoptee monthly, unless the unmarried biological father was
4663  physically or financially unable to visit the child adoptee on a monthly basis; or
4664  (B) engaging in regular communication with the child adoptee or with the person
4665  or authorized agency that has lawful custody of the child adoptee;
4666  (ii) took some measure of responsibility for the child adoptee and the child adoptee's
4667  future; and
4668  (iii) demonstrated a full commitment to the responsibilities of parenthood by
4669  financial support of the child adoptee of a fair and reasonable sum in accordance
4670  with the unmarried biological father's ability; or
4671        (b)(i) if the child adoptee is younger than one year old, openly lived with the child
4672  adoptee immediately preceding placement of the child adoptee with the
4673  prospective adoptive parents for a period of at least 180 days during the period of
4674  time beginning on the day on which the child adoptee is born and ending on the
4675  day on which the child adoptee is placed with prospective adoptive parents;
4676  (ii) if the child adoptee is one year old or older, openly lived with the child adoptee
4677  immediately preceding placement of the child adoptee with the prospective
4678  adoptive parents for a period of at least 180 days during the one-year period
4679  immediately preceding the day on which the child adoptee is placed with
4680  prospective adoptive parents; [or] and
4681  (iii) openly held himself out to be the father of the child adoptee during the 180-day
4682  period described in Subsection (2)(b)(i) or (ii).
4683    (3)(a) If an unmarried biological father was prevented from complying with a
4684        requirement described in Subsection (2) by the person or authorized agency having
4685        lawful custody of the child adoptee, the unmarried biological father is not required to
4686        comply with that requirement.
4687        (b) The subjective intent of an unmarried biological father, whether expressed or
4688  otherwise, that is unsupported by evidence that the requirements in Subsection (2)
4689  have been met, shall not preclude a determination that the unmarried biological father
4690  failed to meet the requirements of Subsection (2).
4691    (4) Except as provided in Subsections (7) and (8), and subject to Subsection (6), the consent
4692        of an unmarried biological father to the adoption of a child adoptee, who is 180 days old
4693        or younger at the time that the child adoptee is placed with the prospective adoptive
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4694  parents, is not required unless, before the time that the birth mother executes the birth
4695  mother's consent for adoption or relinquishes the child adoptee for adoption, the
4696  unmarried biological father:
4697  (a) initiates proceedings in a court with jurisdiction under Title 78A, Judiciary and
4698  Judicial Administration, to establish parentage under Chapter 5, Uniform Parentage
4699  Act;
4700  (b) files with the court that is presiding over the parentage proceeding a sworn affidavit:
4701  (i) stating that the unmarried biological father is fully able and willing to have full
4702  custody of the child adoptee;
4703  (ii) setting forth the unmarried biological father's plans for care of the child adoptee;
4704  and
4705  (iii) agreeing to a court order of child support and the payment of expenses incurred
4706  in connection with the birth mother's pregnancy and the child adoptee's birth;
4707  (c) consistent with Subsection (5), files notice of the commencement of parentage
4708  proceedings described in Subsection (4)(a), with the office in a confidential registry
4709  established by the office for that purpose; and
4710  (d) offered to pay and paid, during the pregnancy and after the child adoptee's birth, a
4711  fair and reasonable amount of the expenses incurred in connection with the birth
4712  mother's pregnancy and the child adoptee's birth, in accordance with the unmarried
4713  biological father's financial ability, unless:
4714  (i) the unmarried biological father did not have actual knowledge of the pregnancy;
4715  (ii) the unmarried biological father was prevented from paying the expenses by the
4716  person or authorized agency having lawful custody of the child adoptee; or
4717  (iii) the birth mother refused to accept the unmarried biological father's offer to pay
4718  the expenses described in this Subsection (4)(d).
4719     (5)(a) The notice described in Subsection (4)(c) is considered filed when received by the
4720  office.
4721  (b) If the unmarried biological father fully complies with the requirements of Subsection
4722  (4), and an adoption of the child adoptee is not completed, the unmarried biological
4723  father shall, without any order of the court, be legally obligated for a reasonable
4724  amount of child support, pregnancy expenses, and child birth expenses, in accordance
4725  with the unmarried biological father's financial ability.
4726     (6) Unless the unmarried biological father's ability to assert the right to consent has been
4727  lost for failure to comply with Section 81-13-208, or lost under another provision of
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4728        Utah law, an unmarried biological father shall have at least one business day after the
4729        child adoptee's birth to fully and strictly comply with the requirements of Subsection (4).
4730    (7) The consent of an unmarried biological father to the adoption of a child adoptee is not
4731        required under this section if:
4732        (a) the court determines, in accordance with the requirements and procedures of Title 80,
4733  Chapter 4, Termination and Restoration of Parental Rights, that the unmarried
4734  biological father's rights should be terminated, based on the petition of any interested
4735  party;
4736        (b)(i) a voluntary declaration of paternity declaring the unmarried biological father to
4737  be the father of the child adoptee is rescinded under Section 81-5-306; and
4738  (ii) the unmarried biological father fails to comply with Subsection (4) within 10
4739  business days after the day that notice of the rescission described in Subsection
4740  (7)(b)(i) is mailed by the office as provided in Section 81-5-306; or
4741        (c) the unmarried biological father is notified under Section 81-13-208 and fails to
4742  preserve the unmarried biological father's rights in accordance with the requirements
4743  of Section 81-13-208.
4744    (8) Notwithstanding Subsections (2) and (4), the consent of an unmarried biological father
4745        to the adoption of a child adoptee is required if:
4746        (a)(i) the unmarried biological father did not know, and through the exercise of
4747  reasonable diligence could not have known, before the time the birth mother
4748  executed a consent to adoption or relinquishment of the child adoptee for adoption
4749  that a qualifying circumstance existed;
4750  (ii) before the birth mother executed a consent to adoption or relinquishment of the
4751  child adoptee for adoption, the unmarried biological father fully complied with the
4752  requirements to establish parental rights and duties in the child adoptee, and to
4753  preserve the right to notice of a proceeding in connection with the adoption of the
4754  child adoptee, imposed by:
4755  (A) the last state where the unmarried biological father knew, or through the
4756  exercise of reasonable diligence should have known, that the birth mother
4757  resided in before the birth mother executed the consent to adoption or
4758  relinquishment of the child adoptee for adoption; or
4759  (B) the state where the child adoptee was conceived; and
4760  (iii) the unmarried biological father has demonstrated, based on the totality of the
4761  circumstances, a full commitment to the unmarried biological father's parental
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       S.B. 257  Enrolled Copy
4762  responsibilities as described in Subsection (9); or
4763  (b)(i) the unmarried biological father knew, or through the exercise of reasonable
4764  diligence should have known, before the time the birth mother executed a consent
4765  to adoption or relinquishment of the child adoptee for adoption that a qualifying
4766  circumstance existed; and
4767  (ii) the unmarried biological father complied with the requirements of Subsections (2)
4768  through (7) before the later of:
4769  (A) 20 days after the day that the unmarried biological father knew, or through the
4770  exercise of reasonable diligence should have known, that a qualifying
4771  circumstance existed; or
4772  (B) the time that the birth mother executed a consent to adoption or
4773  relinquishment of the child adoptee for adoption.
4774     (9) When determining whether an unmarried biological father has demonstrated a full
4775  commitment to the unmarried biological father's parental responsibilities for purposes of
4776  Subsection (8)(a)(iii), a court shall consider the totality of the circumstances, including,
4777  if applicable:
4778  (a) the efforts the unmarried biological father has taken to discover the location of the
4779  child adoptee or the child adoptee's birth mother;
4780  (b) whether the unmarried biological father has expressed and demonstrated an interest
4781  in taking responsibility for the child adoptee;
4782  (c) whether, and to what extent, the unmarried biological father has developed, or
4783  attempted to develop, a relationship with the child adoptee;
4784  (d) whether the unmarried biological father offered to provide and, unless the offer was
4785  rejected, did provide, financial support for the child adoptee or the child adoptee's
4786  birth mother;
4787  (e) whether, and to what extent, the unmarried biological father has communicated, or
4788  attempted to communicate, with the child adoptee or the child adoptee's birth mother;
4789  (f) whether the unmarried biological father has timely filed legal proceedings to
4790  establish the unmarried biological father's parentage of, and take responsibility for,
4791  the child adoptee; and
4792  (g) whether the unmarried biological father has timely filed a notice with a public
4793  official or agency relating to:
4794  (i) the unmarried biological father's parentage of the child adoptee;
4795  (ii) legal proceedings to establish the unmarried biological father's parentage of the
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       Enrolled Copy  S.B. 257
4796  child adoptee; or
4797  (iii) other evidence that shows whether the unmarried biological father has
4798  demonstrated a full commitment to the unmarried biological father's parental
4799  responsibilities.
4800    (10) An unmarried biological father who does not fully and strictly comply with the
4801        requirements of this section is considered to have waived and surrendered any right in
4802        relation to the child adoptee, including the right to:
4803        (a) notice of any judicial proceeding in connection with the adoption of the child
4804  adoptee; and
4805        (b) consent, or refuse to consent, to the adoption of the child adoptee.
4806    (11) Notwithstanding any other provision of this section, the consent of an unmarried
4807        biological father is not required in a case where it is shown that the child adoptee was
4808        conceived as a result of conduct that constitutes a sexual offense, regardless of whether
4809        the unmarried biological father is formally charged with or convicted of the sexual
4810        offense.
4811    (12) Unless the child adoptee is conceived or born within a marriage, the petitioner in an
4812        adoption proceeding shall, before entrance of a final decree of adoption, file with the
4813        court a certificate from the office, stating:
4814        (a) that a diligent search has been made of the registry of notices from unmarried
4815  biological fathers described in Subsection (4)(c); and
4816        (b)(i) that no filing has been found pertaining to the unmarried biological father of
4817  the child adoptee in question; or
4818  (ii) if a filing is found, the name of the unmarried biological father and the time and
4819  date of filing.
4820    (13) Unless an individual who is an unmarried biological father has fully and strictly
4821        complied with the requirements of this section and Section 81-13-212, an out-of-state
4822        order that adjudicates parentage, or an out-of-state declaration or acknowledgment of
4823        paternity:
4824        (a) only has the effect of establishing that the individual is an unmarried biological
4825  father of the child adoptee to whom the order, declaration, or acknowledgment
4826  relates; and
4827        (b) does not entitle the individual to:
4828  (i) notice of any judicial proceeding related to the adoption of the child adoptee;
4829  (ii) the right to consent, or refuse to consent, to the adoption of the child adoptee; or
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       S.B. 257  Enrolled Copy
4830  (iii) the right to custody of, control over, or visitation with the child adoptee.
4831  Section 59. Repealer.
4832  This bill repeals:
4833  Section 81-6-209.5, Costs of child care -- Ongoing expense for child care -- Office of
4834     Recovery Services study item and report.
4835  Section 60. Effective Date.
4836     This bill takes effect on May 6, 2026.
4837  Section 61. Coordinating S.B. 257 with S.B. 30.
4838     If S.B. 257, Domestic Relations Amendments, and S.B. 30, Human Trafficking,
4839     Exploitation, and Smuggling Amendments, both pass and become law, the Legislature intends
4840     that, on May 6, 2026, the term "natural parent" enacted in the following subsections in S.B. 30
4841     be changed to "parent":
4842     (1) Subsections 53-29-202(1)(a)(xl) and (xli); and
4843     (2) Subsection 53-29-203(1)(a)(ix).
4844  Section 62. Coordinating S.B. 257 with H.B. 309.
4845     If S.B. 257, Domestic Relations Amendments, and H.B. 309, Juneteenth Observance
4846     Amendments, both pass and become law, the Legislature intends that, on January 1, 2027:
4847     (1) the holiday time period for Juneteenth National Freedom Day described in the tables in
4848     Subsections 81-9-302(12) and 81-9-303(15) in H.B. 309 be amended to read:
4849     "[(1) Holiday begins at:]
4850     [(a) 6 p.m. on the day before Juneteenth National Freedom Day if the day before Juneteenth
4851     National Freedom Day is not Father's Day; or]
4852     [(b) 9 a.m. on Juneteenth National Freedom Day if the day before Juneteenth National
4853     Freedom Day is Father's Day.]
4854     [(2) Holiday ends at 6 p.m. on the day following Juneteenth National Freedom Day.]
4855     (1) Holiday begins on Friday at 5:30 p.m. and ends on Saturday at 5:30 p.m., if Juneteenth
4856     National Freedom Day is on the day before Father's Day.
4857     (2) Holiday begins on Sunday at 8:30 p.m. and ends on Tuesday at 8:30 p.m., if Juneteenth
4858     National Freedom Day is on Father's Day or on the day following Father's Day.
4859     (3) Holiday begins at 5:30 p.m. on the day before Juneteenth National Freedom Day and
4860     ends at 8:30 p.m. on the day following Juneteenth National Freedom Day, unless Juneteenth
4861     National Freedom Day is on Father's Day, the day before Father's Day, or the day following
4862     Father's Day."; and
4863     (2) the holiday time period for Juneteenth National Freedom Day described in the table in
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       Enrolled Copy  S.B. 257
4864    Subsection 81-9-304(15) in H.B. 309 be amended to read:
4865    "[(1) Holiday begins at:]
4866    [(a) 6 p.m. on the day before Juneteenth National Freedom Day if the day before Juneteenth
4867    National Freedom Day is not Father's Day; or]
4868    [(b) 9 a.m. on Juneteenth National Freedom Day if the day before Juneteenth National
4869    Freedom Day is Father's Day.]
4870    [(2) Holiday ends at 6 p.m. on the day following Juneteenth National Freedom Day.]
4871    (1) Holiday begins on Friday at 5:30 p.m. and ends on Saturday at 5:30 p.m., if Juneteenth
4872    National Freedom Day is on the day before Father's Day.
4873    (2) Holiday begins on Sunday at 7:30 p.m. and ends on Tuesday at 7:30 p.m., if Juneteenth
4874    National Freedom Day is on Father's Day or on the day following Father's Day.
4875    (3) Holiday begins at 5:30 p.m. on the day before Juneteenth National Freedom Day and
4876    ends at 7:30 p.m. on the day following Juneteenth National Freedom Day, unless Juneteenth
4877    National Freedom Day is on Father's Day, the day before Father's Day, or the day following
4878    Father's Day.".
4879  Section 63. Coordinating S.B. 257 with S.B. 304.
4880    If S.B. 257, Domestic Relations Amendments, and S.B. 304, Protective Order
4881    Amendments, both pass and become law, the Legislature intends that, on May 6, 2026:
4882    (1) Subsection 81-9-208(12) enacted in S.B. 304 not take effect; and
4883    (2) Subsection 81-9-208(13) enacted in S.B. 257 be amended to read:
4884    "(13) (a) Except as provided in Subsection (13)(b), the court shall award make-up
4885    parent-time to a parent, upon a motion or petition from the parent, if:
4886    (i) the parent was denied parent-time with a minor child due to an investigation by the
4887    Division of Child and Family Services and the investigation did not result in a finding of
4888    abuse, neglect, or dependency; or
4889    (ii) (A) the parent can show that a court determined the other parent knowingly falsified a
4890    material statement or material information during a protective order proceeding as described in
4891    Section 78B-7-208 and the court dismissed the underlying protective order on the merits after
4892    providing the parties to the protective order with notice and an opportunity to be heard;
4893    (B) the parent lost parent-time as a result of the other parent's falsification of a material
4894    statement or material information during the protective order proceeding; and
4895    (C) there has not been a finding of abuse or neglect against the parent.
4896    (b) A court may deny a motion or petition for make-up parent-time based on Subsection
4897    (13)(a)(i) if:
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       S.B. 257  Enrolled Copy
4898     (i) the parent did not diligently exercise parent-time with the child before the investigation
4899     by the Division of Child and Family Services; or
4900     (ii) a party shows good cause for denying the motion or petition.
4901     (c) When a court orders make-up parent-time under this Subsection (13):
4902     (i) the court shall order:
4903     (A) parent-time that is the same type and duration of the parent-time that was denied; and
4904     (B) that the make-up parent-time occur within two years from the day on which the court
4905     enters the order for make-up parent-time; and
4906     (ii) the court may include weekend or holiday parent-time or extended parent-time that was
4907     denied to the parent.
4908     (d) This Subsection (13) does not create a right of action against the Division of Child and
4909     Family Services.".
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