Bill Summary – FastDemocracy

LEGISLATIVE GENERAL COUNSEL                                              H.B. 199
Approved for Filing: A. Houston 6
          6 01-08-24 4:57 PM 6
                                CHILD WELFARE REVISIONS
                                      2024 GENERAL SESSION
                                           STATE OF UTAH
                             Chief Sponsor: Christine F. Watkins
                                 Senate Sponsor: ____________
 6
 LONG TITLE
 General Description:
        This bill amends definitions in the Utah Juvenile Code.
 Highlighted Provisions:
        This bill:
        < amends definitions related to child welfare in the Utah Juvenile Code.
 Money Appropriated in this Bill:
        None
 Other Special Clauses:
        None
 Utah Code Sections Affected:
 AMENDS:
        80-1-102, as last amended by Laws of Utah 2023, Chapter 330
20
 Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 80-1-102 is amended to read:
        80-1-102. Juvenile Code definitions.
        Except as provided in Section 80-6-1103, as used in this title:
        (1) (a) "Abuse" means:
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        (i) (A) nonaccidental harm of a child;
        (B) threatened harm of a child;
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       H.B. 199                                                                     01-08-24 4:57 PM
          (C) sexual exploitation;
          (D) sexual abuse; or
          (E) human trafficking of a child in violation of Section 76-5-308.5; or
          (ii) that a child's natural parent:
          (A) intentionally, knowingly, or recklessly causes the death of another parent of the
 child;
          (B) is identified by a law enforcement agency as the primary suspect in an investigation
 for intentionally, knowingly, or recklessly causing the death of another parent of the child; or
          (C) is being prosecuted for or has been convicted of intentionally, knowingly, or
 recklessly causing the death of another parent of the child.
          (b) "Abuse" does not include:
          (i) reasonable discipline or management of a child, including withholding privileges;
          (ii) conduct described in Section 76-2-401; or
          (iii) the use of reasonable and necessary physical restraint or force on a child:
          (A) in self-defense;
          (B) in defense of others;
          (C) to protect the child; or
          (D) to remove a weapon in the possession of a child for any of the reasons described in
 Subsections (1)(b)(iii)(A) through (C).
          (2) "Abused child" means a child who has been subjected to abuse.
          (3) (a) "Adjudication" means a finding by the court, incorporated in a decree, that the
 facts alleged in the petition have been proved.
          (b) "Adjudication" does not mean a finding of not competent to proceed in accordance
 with Section 80-6-402.
          (4) (a) "Adult" means an individual who is 18 years old or older.
          (b) "Adult" does not include an individual:
          (i) who is 18 years old or older; and
          (ii) who is a minor.
          (5) "Attorney guardian ad litem" means the same as that term is defined in Section
 78A-2-801.
          (6) "Board" means the Board of Juvenile Court Judges.
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       01-08-24 4:57 PM                                                                         H.B. 199
          (7) "Child" means, except as provided in Section 80-2-905, an individual who is under
 18 years old.
          (8) "Child and family plan" means a written agreement between a child's parents or
 guardian and the Division of Child and Family Services as described in Section 80-3-307.
          (9) "Child placing" means the same as that term is defined in Section 26B-2-101.
          (10) "Child-placing agency" means the same as that term is defined in Section
 26B-2-101.
          (11) "Child protection team" means a team consisting of:
          (a) the child welfare caseworker assigned to the case;
          (b) if applicable, the child welfare caseworker who made the decision to remove the
 child;
          (c) a representative of the school or school district where the child attends school;
          (d) if applicable, the law enforcement officer who removed the child from the home;
          (e) a representative of the appropriate Children's Justice Center, if one is established
 within the county where the child resides;
          (f) if appropriate, and known to the division, a therapist or counselor who is familiar
 with the child's circumstances;
          (g) if appropriate, a representative of law enforcement selected by the chief of police or
 sheriff in the city or county where the child resides; and
          (h) any other individuals determined appropriate and necessary by the team coordinator
 and chair.
          (12) (a) "Chronic abuse" means repeated or patterned abuse.
          (b) "Chronic abuse" does not mean an isolated incident of abuse.
          (13) (a) "Chronic neglect" means repeated or patterned neglect.
          (b) "Chronic neglect" does not mean an isolated incident of neglect.
          (14) "Clandestine laboratory operation" means the same as that term is defined in
 Section 58-37d-3.
          (15) "Commit" or "committed" means, unless specified otherwise:
          (a) with respect to a child, to transfer legal custody; and
          (b) with respect to a minor who is at least 18 years old, to transfer custody.
          (16) "Community-based program" means a nonsecure residential or nonresidential
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        H.B. 199                                                                    01-08-24 4:57 PM
 program, designated to supervise and rehabilitate juvenile offenders, that prioritizes the least
 restrictive setting, consistent with public safety, and operated by or under contract with the
 Division of Juvenile Justice and Youth Services.
        (17) "Community placement" means placement of a minor in a community-based
 program described in Section 80-5-402.
        (18) "Correctional facility" means:
        (a) a county jail; or
        (b) a secure correctional facility as defined in Section 64-13-1.
        (19) "Criminogenic risk factors" means evidence-based factors that are associated with
 a minor's likelihood of reoffending.
        (20) "Department" means the Department of Health and Human Services created in
 Section 26B-1-201.
        (21) "Dependent child" or "dependency" means a child who is without proper care
 through no fault of the child's parent, guardian, or custodian.
        (22) "Deprivation of custody" means transfer of legal custody by the juvenile court
 from a parent or a previous custodian to another person, agency, or institution.
        (23) "Detention" means home detention or secure detention.
        (24) "Detention facility" means a facility, established by the Division of Juvenile
 Justice and Youth Services in accordance with Section 80-5-501, for minors held in detention.
        (25) "Detention risk assessment tool" means an evidence-based tool established under
 Section 80-5-203 that:
        (a) assesses a minor's risk of failing to appear in court or reoffending before
 adjudication; and
        (b) is designed to assist in making a determination of whether a minor shall be held in
 detention.
        (26) "Developmental immaturity" means incomplete development in one or more
 domains that manifests as a functional limitation in the minor's present ability to:
        (a) consult with counsel with a reasonable degree of rational understanding; and
        (b) have a rational as well as factual understanding of the proceedings.
        (27) "Disposition" means an order by a juvenile court, after the adjudication of a
 minor, under Section 80-3-405 or 80-4-305 or Chapter 6, Part 7, Adjudication and Disposition.
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         (28) "Educational neglect" means that, after receiving a notice of compulsory education
 violation under Section 53G-6-202, the parent or guardian fails to make a good faith effort to
 ensure that the child receives an appropriate education.
         (29) "Educational series" means an evidence-based instructional series:
         (a) obtained at a substance abuse program that is approved by the Division of
 Integrated Healthcare in accordance with Section 26B-5-104; and
         (b) designed to prevent substance use or the onset of a mental health disorder.
         (30) "Emancipated" means the same as that term is defined in Section 80-7-102.
         (31) "Evidence-based" means a program or practice that has had multiple randomized
 control studies or a meta-analysis demonstrating that the program or practice is effective for a
 specific population or has been rated as effective by a standardized program evaluation tool.
         (32) "Forensic evaluator" means the same as that term is defined in Section 77-15-2.
         (33) "Formal probation" means a minor is:
         (a) supervised in the community by, and reports to, a juvenile probation officer or an
 agency designated by the juvenile court; and
         (b) subject to return to the juvenile court in accordance with Section 80-6-607.
         (34) "Group rehabilitation therapy" means psychological and social counseling of one
 or more individuals in the group, depending upon the recommendation of the therapist.
         (35) "Guardian" means a person appointed by a court to make decisions regarding a
 minor, including the authority to consent to:
         (a) marriage;
         (b) enlistment in the armed forces;
         (c) major medical, surgical, or psychiatric treatment; or
         (d) legal custody, if legal custody is not vested in another individual, agency, or
 institution.
         (36) "Guardian ad litem" means the same as that term is defined in Section 78A-2-801.
         (37) "Harm" means:
         (a) physical or developmental injury or damage;
         (b) emotional damage that results in a serious impairment in the child's growth,
 development, behavior, or psychological functioning;
         (c) sexual abuse; or
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        H.B. 199                                                                    01-08-24 4:57 PM
        (d) sexual exploitation.
        (38) "Home detention" means placement of a minor:
        (a) if prior to a disposition, in the minor's home, or in a surrogate home with the
 consent of the minor's parent, guardian, or custodian, under terms and conditions established by
 the Division of Juvenile Justice and Youth Services or the juvenile court; or
        (b) if after a disposition, and in accordance with Section 78A-6-353 or 80-6-704, in the
 minor's home, or in a surrogate home with the consent of the minor's parent, guardian, or
 custodian, under terms and conditions established by the Division of Juvenile Justice and
 Youth Services or the juvenile court.
        (39) (a) "Incest" means engaging in sexual intercourse with an individual whom the
 perpetrator knows to be the perpetrator's ancestor, descendant, brother, sister, uncle, aunt,
 nephew, niece, or first cousin.
        (b) "Incest" includes:
        (i) blood relationships of the whole or half blood, regardless of whether the
 relationship is legally recognized;
        (ii) relationships of parent and child by adoption; and
        (iii) relationships of stepparent and stepchild while the marriage creating the
 relationship of a stepparent and stepchild exists.
        (40) "Indian child" means the same as that term is defined in 25 U.S.C. Sec. 1903.
        (41) "Indian tribe" means the same as that term is defined in 25 U.S.C. Sec. 1903.
        (42) "Indigent defense service provider" means the same as that term is defined in
 Section 78B-22-102.
        (43) "Indigent defense services" means the same as that term is defined in Section
 78B-22-102.
        (44) "Indigent individual" means the same as that term is defined in Section
 78B-22-102.
        (45) (a) "Intake probation" means a minor is:
        (i) monitored by a juvenile probation officer; and
        (ii) subject to return to the juvenile court in accordance with Section 80-6-607.
        (b) "Intake probation" does not include formal probation.
        (46) "Intellectual disability" means a significant subaverage general intellectual
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        01-08-24 4:57 PM                                                                         H.B. 199
 functioning existing concurrently with deficits in adaptive behavior that constitutes a
 substantial limitation to the individual's ability to function in society.
         (47) "Juvenile offender" means:
         (a) a serious youth offender; or
         (b) a youth offender.
         (48) "Juvenile probation officer" means a probation officer appointed under Section
 78A-6-205.
         (49) "Juvenile receiving center" means a nonsecure, nonresidential program established
 by the Division of Juvenile Justice and Youth Services, or under contract with the Division of
 Juvenile Justice and Youth Services, that is responsible for minors taken into temporary
 custody under Section 80-6-201.
         (50) "Legal custody" means a relationship embodying:
         (a) the right to physical custody of the minor;
         (b) the right and duty to protect, train, and discipline the minor;
         (c) the duty to provide the minor with food, clothing, shelter, education, and ordinary
 medical care;
         (d) the right to determine where and with whom the minor shall live; and
         (e) the right, in an emergency, to authorize surgery or other extraordinary care.
         (51) "Licensing Information System" means the Licensing Information System
 maintained by the Division of Child and Family Services under Section 80-2-1002.
         (52) "Management Information System" means the Management Information System
 developed by the Division of Child and Family Services under Section 80-2-1001.
         (53) "Mental illness" means:
         (a) a psychiatric disorder that substantially impairs an individual's mental, emotional,
 behavioral, or related functioning; or
         (b) the same as that term is defined in:
         (i) the current edition of the Diagnostic and Statistical Manual of Mental Disorders
 published by the American Psychiatric Association; or
         (ii) the current edition of the International Statistical Classification of Diseases and
 Related Health Problems.
         (54) "Minor" means, except as provided in Sections 80-6-501, 80-6-901, and 80-7-102:
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        H.B. 199                                                                    01-08-24 4:57 PM
        (a) a child; or
        (b) an individual:
        (i) (A) who is at least 18 years old and younger than 21 years old; and
        (B) for whom the Division of Child and Family Services has been specifically ordered
 by the juvenile court to provide services because the individual was an abused, neglected, or
 dependent child or because the individual was adjudicated for an offense;
        (ii) (A) who is at least 18 years old and younger than 25 years old; and
        (B) whose case is under the jurisdiction of the juvenile court in accordance with
 Subsection 78A-6-103(1)(b); or
        (iii) (A) who is at least 18 years old and younger than 21 years old; and
        (B) whose case is under the jurisdiction of the juvenile court in accordance with
 Subsection 78A-6-103(1)(c).
        (55) "Mobile crisis outreach team" means the same as that term is defined in Section
 26B-5-101.
        (56) "Molestation" means that an individual, with the intent to arouse or gratify the
 sexual desire of any individual, touches the anus, buttocks, pubic area, or genitalia of any child,
 or the breast of a female child, or takes indecent liberties with a child as defined in Section
 76-5-401.1.
        (57) (a) "Natural parent" means, except as provided in Section 80-3-302, a minor's
 biological or adoptive parent.
        (b) "Natural parent" includes the minor's noncustodial parent.
        (58) (a) "Neglect" means action or inaction causing:
        (i) abandonment of a child, except as provided in Chapter 4, Part 5, Safe
 Relinquishment of a Newborn Child;
        (ii) lack of proper parental care of a child by reason of the fault or habits of the parent,
 guardian, or custodian;
        (iii) failure or refusal of a parent, guardian, or custodian to provide proper or necessary
 subsistence or medical care, or any other care necessary for the child's health, safety, morals, or
 well-being;
        (iv) a child to be at risk of being [neglected or] abused because another child currently
 residing in the same home is [neglected or] abused;
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