Enrolled Copy H.B. 248
1 JUVENILE AMENDMENTS
2 2022 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: V. Lowry Snow
5 Senate Sponsor: Todd D. Weiler
6
7 LONG TITLE
8 General Description:
9 This bill recodifies, reorganizes, renumbers, amends, repeals, and enacts statutes related
10 to juveniles.
11 Highlighted Provisions:
12 This bill:
13 < creates, repeals, and amends definitions;
14 < renumbers and amends Title 62A, Chapter 4a, Child and Family Services;
15 < renumbers and amends Title 55, Chapter 12, Interstate Compact for Juveniles;
16 < enacts Title 80, Chapter 2, Child Welfare Services;
17 < enacts Title 80, Chapter 2a, Removal and Protective Custody of a Child;
18 < repeals the Serious Habitual Offender Comprehensive Action Program (SHOCAP)
19 Act;
20 < amends provisions allowing a child protection team member to enter a public or
21 private premise to investigate child abuse or neglect;
22 < allows the Division of Child and Family Services to use certain information in the
23 Management Information System to screen an individual who has or is seeking a
24 position with the Office of Guardian Ad Litem;
25 < amends the purposes for which the Division of Child and Family Services may have
26 access to criminal background information maintained by the Bureau of Criminal
27 Identification;
28 < clarifies provisions regarding adoption assistance under an interstate compact;
29 < requires the Administrative Office of the Courts and the Division of Child and
H.B. 248 Enrolled Copy
30 Family Services to provide certain reports to the Child Welfare Legislative Oversight Panel;
31 < clarifies provisions describing certification to the federal government regarding
32 preadoption requirements of the Division of Child and Family Services;
33 < amends provisions requiring the Division of Child and Family Services to create an
34 administrative rule regarding adoptive placement of a child with a legally married
35 couple;
36 < clarifies child abuse or neglect reporting requirements;
37 < clarifies that the Division of Child and Family Services is required to forward a
38 written report of child abuse or neglect to the state child abuse and neglect registry;
39 < clarifies a law enforcement agency's duties upon a report of child abuse or neglect
40 and the law enforcement agency's authority to access certain child abuse or neglect
41 records;
42 < clarifies provisions requiring the Division of Child and Family Services to
43 investigate a report of child abuse or neglect before and after removal of the child
44 from the child's home;
45 < amends provisions that allow a peace officer to place a removed child in a shelter
46 facility;
47 < clarifies child welfare interview requirements;
48 < amends the requirement that the Division of Child and Family Services research
49 successful adoptive families for purposes of providing information to a potential
50 adoptive parent;
51 < clarifies provisions regarding the sharing of certain records between the Division of
52 Child and Family Services and an Indian tribe;
53 < amends provisions regarding removal of a child from the child's home and warrants
54 issued by the juvenile court for removal of the child or a runaway youth;
55 < clarifies the process that a physician or health care facility is required to follow
56 upon removing a child from the custody of a parent for the child's safety; and
57 < makes technical and conforming changes.
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Enrolled Copy H.B. 248
58 Money Appropriated in this Bill:
59 None
60 Other Special Clauses:
61 This bill provides a special effective date.
62 This bill provides coordination clauses.
63 This bill provides revisor instructions.
64 Utah Code Sections Affected:
65 AMENDS:
66 62A-2-101, as last amended by Laws of Utah 2021, Chapters 117 and 400
67 63G-2-302, as last amended by Laws of Utah 2021, Chapters 100, 143, and 367
68 63I-2-262, as last amended by Laws of Utah 2021, Chapters 156, 204, and 278
69 78A-2-801, as enacted by Laws of Utah 2021, Chapter 261
70 78A-2-802, as renumbered and amended by Laws of Utah 2021, Chapter 261
71 78A-2-803, as renumbered and amended by Laws of Utah 2021, Chapter 261
72 78A-6-351, as last amended by Laws of Utah 2021, Chapter 231 and renumbered and
73 amended by Laws of Utah 2021, Chapter 261
74 78A-6-356, as renumbered and amended by Laws of Utah 2021, Chapter 261
75 78A-6-357, as enacted by Laws of Utah 2021, Chapter 261
76 80-1-102, as last amended by Laws of Utah 2021, First Special Session, Chapter 2
77 80-3-102, as renumbered and amended by Laws of Utah 2021, Chapter 261 and last
78 amended by Coordination Clause, Laws of Utah 2021, Chapter 261
79 80-3-104, as last amended by Laws of Utah 2021, Chapter 231 and renumbered and
80 amended by Laws of Utah 2021, Chapter 261
81 80-3-109, as renumbered and amended by Laws of Utah 2021, Chapter 261
82 80-3-201, as renumbered and amended by Laws of Utah 2021, Chapter 261
83 80-3-301, as last amended by Laws of Utah 2021, Chapter 231 and renumbered and
84 amended by Laws of Utah 2021, Chapter 261
85 80-3-302, as renumbered and amended by Laws of Utah 2021, Chapter 261
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86 80-3-305, as renumbered and amended by Laws of Utah 2021, Chapter 261
87 80-3-404, as renumbered and amended by Laws of Utah 2021, Chapter 261
88 80-3-406, as last amended by Laws of Utah 2021, Chapter 38 and renumbered and
89 amended by Laws of Utah 2021, Chapter 261
90 80-4-105, as renumbered and amended by Laws of Utah 2021, Chapter 261
91 80-4-106, as enacted by Laws of Utah 2021, Chapter 261
92 80-4-107, as enacted by Laws of Utah 2021, Chapter 261
93 80-4-305, as renumbered and amended by Laws of Utah 2021, Chapter 261
94 80-5-601, as renumbered and amended by Laws of Utah 2021, Chapter 261
95 80-6-707, as renumbered and amended by Laws of Utah 2021, Chapter 261
96 80-6-710, as enacted by Laws of Utah 2021, Chapter 261
97 80-6-1002, as renumbered and amended by Laws of Utah 2021, Chapter 261
98 80-6-1004, as last amended by Laws of Utah 2021, Chapter 231 and renumbered and
99 amended by Laws of Utah 2021, Chapter 261
100 ENACTS:
101 26-18-701, Utah Code Annotated 1953
102 26-18-702, Utah Code Annotated 1953
103 36-33-101, Utah Code Annotated 1953
104 36-33-102, Utah Code Annotated 1953
105 62A-4a-101.5, Utah Code Annotated 1953
106 62A-4a-1003.5, Utah Code Annotated 1953
107 80-2-503, Utah Code Annotated 1953
108 80-2-608, Utah Code Annotated 1953
109 80-2-802, Utah Code Annotated 1953
110 80-2-803, Utah Code Annotated 1953
111 80-2-901, Utah Code Annotated 1953
112 80-2-1006, Utah Code Annotated 1953
113 80-2a-101, Utah Code Annotated 1953
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114 80-3-504, Utah Code Annotated 1953
115 RENUMBERS AND AMENDS:
116 26-18-703, (Renumbered from 62A-4a-709, as last amended by Laws of Utah 2016,
117 Chapter 296)
118 36-33-103, (Renumbered from 62A-4a-207, as last amended by Laws of Utah 2021,
119 Chapter 262)
120 62A-2-108.6, (Renumbered from 62A-4a-602, as last amended by Laws of Utah 2020,
121 Chapter 250)
122 62A-2-115.1, (Renumbered from 62A-4a-603, as last amended by Laws of Utah 2020,
123 Chapter 250)
124 62A-2-115.2, (Renumbered from 62A-4a-605, as last amended by Laws of Utah 2017,
125 Chapter 148)
126 62A-2-126, (Renumbered from 62A-4a-607, as last amended by Laws of Utah 2021,
127 Chapter 262)
128 62A-2-127, (Renumbered from 62A-4a-606, as last amended by Laws of Utah 2018,
129 Chapter 415)
130 76-7-205, (Renumbered from 62A-4a-711, as last amended by Laws of Utah 2021,
131 Chapter 262)
132 80-2-102, (Renumbered from 62A-4a-101, as last amended by Laws of Utah 2021,
133 Chapters 29, 231, 261 and last amended by Coordination Clause, Laws of Utah
134 2021, Chapter 261)
135 80-2-201, (Renumbered from 62A-4a-103, as last amended by Laws of Utah 2021,
136 Chapter 262)
137 80-2-202, (Renumbered from 62A-4a-104, as last amended by Laws of Utah 2009,
138 Chapter 75)
139 80-2-301, (Renumbered from 62A-4a-105, as last amended by Laws of Utah 2021,
140 Chapters 38 and 262)
141 80-2-302, (Renumbered from 62A-4a-102, as last amended by Laws of Utah 2021,
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142 Chapter 262)
143 80-2-303, (Renumbered from 62A-4a-113, as last amended by Laws of Utah 2021,
144 Chapter 262)
145 80-2-304, (Renumbered from 62A-4a-115, as last amended by Laws of Utah 2009,
146 Chapter 75)
147 80-2-305, (Renumbered from 62A-4a-111, as renumbered and amended by Laws of
148 Utah 1994, Chapter 260)
149 80-2-306, (Renumbered from 62A-4a-202, as last amended by Laws of Utah 2020,
150 Chapter 250)
151 80-2-307, (Renumbered from 62A-4a-121, as enacted by Laws of Utah 2008, Chapter
152 314)
153 80-2-308, (Renumbered from 62A-4a-212, as enacted by Laws of Utah 2014, Chapter
154 67)
155 80-2-401, (Renumbered from 62A-4a-105.5, as last amended by Laws of Utah 2019,
156 Chapter 335)
157 80-2-402, (Renumbered from 62A-4a-107, as last amended by Laws of Utah 2021,
158 Chapter 231)
159 80-2-403, (Renumbered from 62A-4a-203.1, as enacted by Laws of Utah 2016, Chapter
160 231)
161 80-2-404, (Renumbered from 62A-4a-110, as last amended by Laws of Utah 2019,
162 Chapter 335)
163 80-2-405, (Renumbered from 62A-4a-107.5, as last amended by Laws of Utah 2008,
164 Chapter 299)
165 80-2-501, (Renumbered from 62A-4a-309, as last amended by Laws of Utah 2010,
166 Chapter 278)
167 80-2-502, (Renumbered from 62A-4a-608, as enacted by Laws of Utah 2011, Chapter
168 438)
169 80-2-503.5, (Renumbered from 62A-4a-213, as last amended by Laws of Utah 2021,
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170 Chapter 263)
171 80-2-601, (Renumbered from 62A-4a-401, as last amended by Laws of Utah 2016,
172 Chapter 168)
173 80-2-602, (Renumbered from 62A-4a-403, as last amended by Laws of Utah 2021,
174 Chapter 419)
175 80-2-603, (Renumbered from 62A-4a-404, as last amended by Laws of Utah 2021,
176 Chapters 231 and 337)
177 80-2-604, (Renumbered from 62A-4a-405, as last amended by Laws of Utah 2013,
178 Chapter 237)
179 80-2-605, (Renumbered from 62A-4a-407, as last amended by Laws of Utah 2006,
180 Chapter 75)
181 80-2-606, (Renumbered from 62A-4a-408, as last amended by Laws of Utah 2006,
182 Chapter 207)
183 80-2-607, (Renumbered from 62A-4a-406, as last amended by Laws of Utah 2019,
184 Chapter 349)
185 80-2-609, (Renumbered from 62A-4a-411, as last amended by Laws of Utah 2021,
186 Chapter 419)
187 80-2-610, (Renumbered from 62A-4a-410, as last amended by Laws of Utah 2021,
188 Chapter 419)
189 80-2-611, (Renumbered from 62A-4a-1007, as last amended by Laws of Utah 2008,
190 Chapter 299)
191 80-2-701, (Renumbered from 62A-4a-409, as last amended by Laws of Utah 2021,
192 Chapters 29, 262, and 365)
193 80-2-702, (Renumbered from 62A-4a-202.3, as last amended by Laws of Utah 2021,
194 Chapters 29 and 262)
195 80-2-703, (Renumbered from 62A-4a-202.6, as last amended by Laws of Utah 2020,
196 Chapter 250)
197 80-2-704, (Renumbered from 62A-4a-414, as last amended by Laws of Utah 2010,
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198 Chapter 239)
199 80-2-705, (Renumbered from 62A-4a-415, as enacted by Laws of Utah 2010, Chapter
200 322)
201 80-2-706, (Renumbered from 62A-4a-202.8, as last amended by Laws of Utah 2021,
202 Chapters 29 and 262)
203 80-2-707, (Renumbered from 62A-4a-1009, as last amended by Laws of Utah 2021,
204 Chapter 262)
205 80-2-708, (Renumbered from 62A-4a-1005, as last amended by Laws of Utah 2021,
206 Chapter 262)
207 80-2-709, (Renumbered from 62A-4a-202.4, as last amended by Laws of Utah 2021,
208 Chapter 262)
209 80-2-801, (Renumbered from 62A-4a-902, as last amended by Laws of Utah 2019,
210 Chapter 393)
211 80-2-804, (Renumbered from 62A-4a-205.6, as last amended by Laws of Utah 2021,
212 Chapter 262)
213 80-2-805, (Renumbered from 62A-4a-106, as last amended by Laws of Utah 2018,
214 Chapter 53)
215 80-2-806, (Renumbered from 62A-4a-903, as last amended by Laws of Utah 2016,
216 Chapter 219)
217 80-2-807, (Renumbered from 62A-4a-905, as last amended by Laws of Utah 2019,
218 Chapter 335)
219 80-2-808, (Renumbered from 62A-4a-906, as last amended by Laws of Utah 2008,
220 Chapter 382)
221 80-2-809, (Renumbered from 62A-4a-907, as renumbered and amended by Laws of
222 Utah 2001, Chapter 115)
223 80-2-902, (Renumbered from 62A-4a-703, as renumbered and amended by Laws of
224 Utah 1994, Chapter 260)
225 80-2-903, (Renumbered from 62A-4a-704, as renumbered and amended by Laws of
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226 Utah 1994, Chapter 260)
227 80-2-904, (Renumbered from 62A-4a-707, as renumbered and amended by Laws of
228 Utah 1994, Chapter 260)
229 80-2-905, (Renumbered from 62A-4a-701, as renumbered and amended by Laws of
230 Utah 1994, Chapter 260)
231 80-2-906, (Renumbered from 62A-4a-702, as last amended by Laws of Utah 2008,
232 Chapter 3)
233 80-2-907, (Renumbered from 62A-4a-705, as renumbered and amended by Laws of
234 Utah 1994, Chapter 260)
235 80-2-908, (Renumbered from 62A-4a-706, as renumbered and amended by Laws of
236 Utah 1994, Chapter 260)
237 80-2-909, (Renumbered from 62A-4a-708, as last amended by Laws of Utah 2008,
238 Chapter 3)
239 80-2-910, (Renumbered from 62A-4a-710, as enacted by Laws of Utah 2007, Chapter
240 152)
241 80-2-1001, (Renumbered from 62A-4a-1003, as last amended by Laws of Utah 2021,
242 Chapter 231)
243 80-2-1002, (Renumbered from 62A-4a-1006, as last amended by Laws of Utah 2021,
244 Chapter 262)
245 80-2-1003, (Renumbered from 62A-4a-1008, as last amended by Laws of Utah 2018,
246 Chapter 38)
247 80-2-1004, (Renumbered from 62A-4a-1010, as last amended by Laws of Utah 2021,
248 Chapter 262)
249 80-2-1005, (Renumbered from 62A-4a-412, as last amended by Laws of Utah 2021,
250 Chapters 29, 231, 262, and 419)
251 80-2-1007, (Renumbered from 62A-4a-112, as last amended by Laws of Utah 2019,
252 Chapter 335)
253 80-2-1101, (Renumbered from 62A-4a-311, as last amended by Laws of Utah 2016,
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254 Chapter 231)
255 80-2-1102, (Renumbered from 62A-4a-117, as last amended by Laws of Utah 2019,
256 Chapter 335)
257 80-2-1103, (Renumbered from 62A-4a-118, as last amended by Laws of Utah 2021,
258 Chapter 262)
259 80-2-1104, (Renumbered from 62A-4a-208, as last amended by Laws of Utah 2017,
260 Chapters 181, 330, and 401)
261 80-2a-201, (Renumbered from 62A-4a-201, as last amended by Laws of Utah 2021,
262 Chapter 262)
263 80-2a-202, (Renumbered from 62A-4a-202.1, as repealed and reenacted by Laws of
264 Utah 2021, Chapter 261)
265 80-2a-203, (Renumbered from 62A-4a-202.2, as last amended by Laws of Utah 2021,
266 Chapter 261)
267 80-2a-301, (Renumbered from 62A-4a-209, as last amended by Laws of Utah 2021,
268 Chapter 262)
269 80-2a-302, (Renumbered from 62A-4a-203, as last amended by Laws of Utah 2021,
270 Chapter 262)
271 80-2a-303, (Renumbered from 62A-4a-206.5, as last amended by Laws of Utah 2021,
272 Chapter 262)
273 80-2a-304, (Renumbered from 62A-4a-206, as last amended by Laws of Utah 2021,
274 Chapter 262)
275 80-3-307, (Renumbered from 62A-4a-205, as last amended by Laws of Utah 2021,
276 Chapter 262)
277 80-4-501, (Renumbered from 62A-4a-801, as last amended by Laws of Utah 2020,
278 Chapter 170)
279 80-4-502, (Renumbered from 62A-4a-802, as last amended by Laws of Utah 2021,
280 Chapter 262)
281 80-6-1101, (Renumbered from 55-12-100, as enacted by Laws of Utah 2005, C