Bill Summary – FastDemocracy

Enrolled Copy                                                                             S.B. 134
                               CHILD WELFARE AMENDMENTS
                                           2024 GENERAL SESSION
                                                STATE OF UTAH
                                      Chief Sponsor: Wayne A. Harper House Sponsor: Christine F. Watkins
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  LONG TITLE
  General Description:
      This bill amends provisions relating to child welfare.
  Highlighted Provisions:
      This bill:
      ▸ extends the sunset date for the Interdisciplinary Parental Representation Pilot Program
  from December 31, 2024, to December 31, 2026;
      ▸ extends certain deadlines related to contested adoptions;
      ▸ clarifies that the Division of Child and Family Services shall provide necessary
  information when filing a complaint for failure to report child abuse or neglect; and
      ▸ makes technical and conforming changes.
  Money Appropriated in this Bill:
      None
  Other Special Clauses:
      None
  Utah Code Sections Affected:
  AMENDS:
      63I-1-278, as last amended by Laws of Utah 2022, Chapters 188, 318, 384, and 423
      78B-6-133, as last amended by Laws of Utah 2021, Chapter 262
      80-2-608, as enacted by Laws of Utah 2022, Chapter 334
      80-2-609, as last amended by Laws of Utah 2022, Chapter 415 and renumbered and
      amended by Laws of Utah 2022, Chapter 334
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  Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 63I-1-278 is amended to read:
     S.B. 134                                                                                 Enrolled Copy
            63I-1-278 . Repeal dates: Title 78A and Title 78B.
   (1) Subsections 78A-2-301(4) and 78A-2-301.5(12), regarding the suspension of filing fees
       for petitions for expungement, are repealed on July 1, 2023.
   (2) Section 78B-3-421, regarding medical malpractice arbitration agreements, is repealed
       July 1, 2029.
   (3) Subsection 78A-7-106(6), regarding the transfer of a criminal action involving a
       domestic violence offense from the justice court to the district court, is repealed on July
       1, 2024.
   (4) Section 78B-4-518, regarding the limitation on employer liability for an employee
       convicted of an offense, is repealed on July 1, 2025.
   (5) Title 78B, Chapter 6, Part 2, Alternative Dispute Resolution Act, is repealed July 1,
       2026.
   (6) Title 78B, Chapter 12, Part 4, Advisory Committee, which creates the Child Support
       Guidelines Advisory Committee, is repealed July 1, 2026.
   (7) Section 78B-22-805, regarding the Interdisciplinary Parental Representation Pilot
       Program, is repealed December 31, [2024] 2026.
            Section 2. Section 78B-6-133 is amended to read:
            78B-6-133 . Contested adoptions -- Rights of parties -- Determination of custody.
   (1) If a person whose consent for an adoption is required pursuant to Subsection 78B-6-120
       (1)(b), (c), (d), (e), or (f) refused to consent, the court shall determine whether proper
       grounds exist for the termination of that person's rights pursuant to the provisions of this
       chapter or Title 80, Chapter 4, Termination and Restoration of Parental Rights.
   (2) (a) If there are proper grounds to terminate the person's parental rights, the court
       shall order that the person's rights be terminated.
       (b) If there are not proper grounds to terminate the person's parental rights, the court
             shall:
             (i) dismiss the adoption petition;
             (ii) conduct an evidentiary hearing to determine who should have custody of the
                  child; and
             (iii) award custody of the child in accordance with the child's best interest.
       (c) Termination of a person's parental rights does not terminate the right of a relative of
             the parent to seek adoption of the child.
   (3) Evidence considered at the custody hearing may include:
       (a) evidence of psychological or emotional bonds that the child has formed with a third
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     Enrolled Copy                                                                                   S.B. 134
          person, including the prospective adoptive parent; and
      (b) any detriment that a change in custody may cause the child.
  (4) If the court dismisses the adoption petition, the fact that a person relinquished a child for
      adoption or consented to the adoption may not be considered as evidence in a custody
      proceeding described in this section, or in any subsequent custody proceeding, that it is
      not in the child's best interest for custody to be awarded to such person or that:
      (a) the person is unfit or incompetent to be a parent;
      (b) the person has neglected or abandoned the child;
      (c) the person is not interested in having custody of the child; or
      (d) the person has forfeited the person's parental presumption.
  (5) Any custody order entered pursuant to this section may also:
      (a) include provisions for:
          (i) parent-time; or
          (ii) visitation by an interested third party; and
      (b) provide for the financial support of the child.
  (6) (a) If a person or entity whose consent is required for an adoption under Subsection
      78B-6-120(1)(a) or (g) refuses to consent, the court shall proceed with an evidentiary
      hearing and award custody as set forth in Subsection (2).
      (b) The court may also finalize the adoption if doing so is in the best interest of the child.
  (7) (a) A person may not contest an adoption after the final decree of adoption is
      entered, if that person:
          (i) was a party to the adoption proceeding;
          (ii) was served with notice of the adoption proceeding; or
          (iii) executed a consent to the adoption or relinquishment for adoption.
      (b) No person may contest an adoption after one year from the day on which the final
          decree of adoption is entered.
      (c) The limitations on contesting an adoption action, described in this Subsection (7),
          apply to all attempts to contest an adoption:
          (i) regardless of whether the adoption is contested directly or collaterally; and
          (ii) regardless of the basis for contesting the adoption, including claims of fraud,
               duress, undue influence, lack of capacity or competency, mistake of law or fact, or
               lack of jurisdiction.
      (d) The limitations on contesting an adoption action, described in this Subsection (7), do
          not prohibit a timely appeal of:
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      S.B. 134                                                                                   Enrolled Copy
            (i) a final decree of adoption; or
            (ii) a decision in an action challenging an adoption, if the action was brought within
                the time limitations described in Subsections (7)(a) and (b).
   (8) A court that has jurisdiction over a child for whom more than one petition for adoption
       is filed shall grant a hearing only under the following circumstances:
       (a) to a petitioner:
            (i) with whom the child is placed;
            (ii) who has custody or guardianship of the child;
            (iii) who has filed a written statement with the court within [120 days] eight months
                after the day on which the shelter hearing is held:
                (A) requesting immediate placement of the child with the petitioner; and
                (B) expressing the petitioner's intention of adopting the child;
            (iv) who is a relative with whom the child has a significant and substantial
                relationship and who was unaware, within the first [120 days] eight months after
                the day on which the shelter hearing is held, of the child's removal from the child's
                parent; or
            (v) who is a relative with whom the child has a significant and substantial
                relationship and, in a case where the child is not placed with a relative or is placed
                with a relative that is unable or unwilling to adopt the child:
                (A) was actively involved in the child's child welfare case with the division or the
                    juvenile court while the child's parent engaged in reunification services; and
                (B) filed a written statement with the court that includes the information described
                    in Subsections (8)(a)(iii)(A) and (B) within 30 days after the day on which the
                    court terminated reunification services; or
       (b) if the child:
            (i) has been in the current placement for less than 180 days before the day on which
                the petitioner files the petition for adoption; or
            (ii) is placed with, or is in the custody or guardianship of, an individual who
                previously informed the division or the court that the individual is unwilling or
                unable to adopt the child.
   (9) (a) If the court grants a hearing on more than one petition for adoption, there is a
       rebuttable presumption that it is in the best interest of a child to be placed for
       adoption with a petitioner:
            (i) who has fulfilled the requirements described in Title 78B, Chapter 6, Part 1, Utah
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      Enrolled Copy                                                                                   S.B. 134
               Adoption Act; and
          (ii) (A) with whom the child has continuously resided for six months;
               (B) who has filed a written statement with the court within [120 days] eight months
                   after the day on which the shelter hearing is held, as described in Subsection
                   (8)(a)(iii); or
               (C) who is a relative described in Subsection (8)(a)(iv).
      (b) The court may consider other factors relevant to the best interest of the child to
          determine whether the presumption is rebutted.
      (c) The court shall weigh the best interest of the child uniformly between petitioners if
          more than one petitioner satisfies a rebuttable presumption condition described in
          Subsection (9)(a).
  (10) Nothing in this section shall be construed to prevent the division or the child's guardian
      ad litem from appearing or participating in any proceeding for a petition for adoption.
  (11) The division shall use best efforts to provide a known relative with timely information
      relating to the relative's rights or duties under this section.
        Section 3. Section 80-2-608 is amended to read:
        80-2-608 . Confidential identity of person who reports.
       Except as provided in Sections 80-2-609, 80-2-611, and 80-2-1005, the division and a
  law enforcement agency shall ensure the anonymity of the person who makes the initial
  report under this part and any other person involved in the division's or law enforcement
  agency's subsequent investigation of the report.
        Section 4. Section 80-2-609 is amended to read:
        80-2-609 . Failure to report -- Threats and intimidation -- Penalty.
  (1) If the division has substantial grounds to believe that a person knowingly failed to report
      under Section 80-2-602 or 80-2-603, the division shall file a complaint with:
      (a) the Division of Professional Licensing if the person is a health care provider, as
          defined in Subsection 80-2-603(1)(a)(i), or a mental health therapist, as defined in
          Section 58-60-102;
      (b) the appropriate law enforcement agency if the person is a law enforcement officer, as
          defined in Section 53-13-103; or
      (c) the State Board of Education if the person is an educator, as defined in Section
          53E-6-102.
  (2) The division shall:
      (a) provide the information deemed necessary for action on the complaint by the entities
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      S.B. 134                                                                                 Enrolled Copy
              listed in Subsection (1); and
       (b) adopt rules, in accordance with Title 63G, Chapter 3, Utah Administrative
              Rulemaking Act, specifying the information the division shall provide under
              Subsection (1).
   [(2)] (3) (a) A person is guilty of a class B misdemeanor if the person willfully fails to
       report under Section 80-2-602 or 80-2-603.
       (b) If a person is convicted under Subsection [(2)(a)] (3)(a), the court may order the
              person, in addition to any other sentence the court imposes, to:
              (i) complete community service hours; or
              (ii) complete a program on preventing abuse and neglect of children.
       (c) In determining whether it would be appropriate to charge a person with a violation of
              Subsection [(2)(a)] (3)(a), the prosecuting attorney shall take into account whether a
              reasonable person would not have reported suspected abuse or neglect of a child
              because reporting would have placed the person in immediate danger of death or
              serious bodily injury.
       (d) Notwithstanding any contrary provision of law, a prosecuting attorney may not use a
              person's violation of Subsection [(2)(a)] (3)(a) as the basis for charging the person
              with another offense.
       (e) A prosecution for failure to report under Subsection [(2)(a)] (3)(a) shall be
              commenced within two years after the day on which the person had knowledge of the
              suspected abuse or neglect or the circumstances described in Subsection 80-2-603(2)
              and willfully failed to report.
   [(3)] (4) Under circumstances not amounting to a violation of Section 76-8-508, a person is
       guilty of a class B misdemeanor if the person threatens, intimidates, or attempts to
       intimidate a child who is the subject of the report under Section 80-2-602 or 80-2-603,
       the person who made the report, a witness, or any other person cooperating with an
       investigation conducted in accordance with this chapter or Chapter 2a, Removal and
       Protective Custody of a Child.
            Section 5. Effective date.
       This bill takes effect on May 1, 2024.
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Statutes affected: 
Introduced: 63I-1-278, 78B-6-133, 80-2-608, 80-2-609
Amended: 63I-1-278, 78B-6-133, 80-2-608, 80-2-609
Enrolled: 63I-1-278, 78B-6-133, 80-2-608, 80-2-609