Child Welfare Changes, the official text

Child Welfare Changes
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Karianne Lisonbee
Senate Sponsor: Wayne A. Harper

LONG TITLE
General Description:
This bill addresses guardians ad litem and consideration of a minor's best interest.
Highlighted Provisions:
This bill: makes modifications to the Guardian ad Litem Oversight Committee;
modifies the responsibilities of the director of the Office of Guardian ad Litem;
requires an attorney guardian ad litem to inform the court at each hearing: whether the minor expressed a desire to attend the hearing; and
of the date of the attorney guardian ad litem's last interaction with the minor;

addresses when a guardian ad litem is appointed;
adjusts the responsibilities and obligations of an attorney guardian ad litem;
directs a court to consider the best interest of a minor within the context of the principles and provisions in Sections 80-2a-201 and 80-4-104;
clarifies that the report provided to the Child Welfare Legislative Oversight Panel and the chairs of the Health and Human Services Interim Committee by the fatality review committee within the Division of Continuous Quality and Improvement should not be fully redacted; and
makes technical and conforming changes.

Money Appropriated in this Bill: None Other Special Clauses: None Utah Code Sections Affected: AMENDS:
26B-1-506, as last amended by Laws of Utah 2024, Chapter 288
26B-1-507, as last amended by Laws of Utah 2024, Chapter 288
78A-2-104, as last amended by Laws of Utah 2023, Chapter 394
78A-2-702, as last amended by Laws of Utah 2021, Chapter 262
78A-2-704, as last amended by Laws of Utah 2022, Chapter 335
78A-2-801, as last amended by Laws of Utah 2022, Chapter 334
78A-2-802, as last amended by Laws of Utah 2023, Chapter 394
78A-2-803, as last amended by Laws of Utah 2023, Chapter 280
80-1-102, as last amended by Laws of Utah 2025, Chapter 426
80-2-102, as last amended by Laws of Utah 2025, Chapter 48
80-2a-101, as last amended by Laws of Utah 2025, Chapter 426
80-3-102, as last amended by Laws of Utah 2025, Chapter 426
80-3-104, as last amended by Laws of Utah 2022, Chapter 334
80-4-102, as last amended by Laws of Utah 2022, Chapter 335
81-13-202, as renumbered and amended by Laws of Utah 2025, Chapter 426

ENACTS:
78A-2-104.5, Utah Code Annotated 1953

Be it enacted by the Legislature of the state of Utah:
Section 1. Section 26B-1-506 is amended to read:
26B-1-506. Fatality review committee report -- Response to report.
(1) Within 20 days after the day on which the committee proceedings described in Section 26B-1-505 end, the committee shall submit: (a) a written report to the executive director that includes: (i) the advisory opinions made under Subsection 26B-1-505(6); and
(ii) any recommendations regarding action that should be taken in relation to an employee of the department or a person who contracts with the department; and

(b) a copy of the report described in Subsection (1)(a) to: (i) the director, or the director's designee, of the office or division to which the near fatality or the death relates; and
(ii) the regional director, or the regional director's designee, of the region to which the near fatality or the death relates.

(2) (a) Within 60 days after the day on which the director described in Subsection (1)(b)(i) receives a copy of the report described in Subsection (1)(a), the department shall provide a written response[, with only identifying information redacted,] to the Office of Legislative Research and General Counsel, if the report: [(a)] (i) indicates that a law, rule, policy, or procedure was not complied with;
[(b)] (ii) indicates that the near fatality or the death was not responded to properly;
[(c)] (iii) recommends that a law, rule, policy, or procedure be changed; or
[(d)] (iv) indicates that additional training is needed.

(b) Only the following information in the report shall be redacted: (i) identifying information of a referent; and
(ii) the surname and address of an individual that is not described in Subsection (2)(b)(i).

(3) The response described in Subsection (2) shall include: (a) a plan of action to implement any recommended improvements within the department; and
(b) the approval of the executive director or the executive director's designee for the plan described in Subsection (3)(a).

(4) A report described in Subsection (1) and the response described in Subsection (2) is a protected record.
(5) (a) As used in this Subsection (5), "fatality review document" means any document created in connection with, or as a result of, a formal review of a near fatality or a death, or a decision whether to conduct a formal review of a near fatality or a death, including: (i) a report described in Subsection (1);
(ii) a response described in Subsection (2);
(iii) a recommendation regarding whether a formal review should be conducted;
(iv) a decision to conduct a formal review;
(v) notes of a person who participates in a formal review;
(vi) notes of a person who reviews a formal review report;
(vii) minutes of a formal review;
(viii) minutes of a meeting where a formal review report is reviewed; and
(ix) minutes of, documents received in relation to, and documents generated in relation to, the portion of a meeting of the Health and Human Services Interim Committee or the Child Welfare Legislative Oversight Panel that a formal review report or a document described in this Subsection (5)(a) is reviewed or discussed.

(b) A fatality review document is not subject to discovery, subpoena, or similar compulsory process in any civil, judicial, or administrative proceeding, nor shall any individual or organization with lawful access to the data be compelled to testify with regard to a report described in Subsection (1) or a response described in Subsection (2).
(c) The following are not admissible as evidence in a civil, judicial, or administrative proceeding: (i) a fatality review document; and
(ii) an executive summary described in Subsection 26B-1-507(4).

Section 2. Section 26B-1-507 is amended to read:
26B-1-507. Reporting to, and review by, legislative committees.
(1) (a) On or before September 1 of each year, the department shall provide[, with only identifying information redacted,] a copy of the report described in Subsection [26B-1-506(1) (b),] 26B-1-506(1) and the response described in Subsection 26B-1-506(2) to the Office of Legislative Research and General Counsel and the chairs of: [(a)] (i) the Health and Human Services Interim Committee; [or] and
[(b)] (ii) [if the qualified individual who is the subject of the report is an individual described in Subsection 26B-1-501(7)(c), (d), or (h),]the Child Welfare Legislative Oversight Panel, if the individual who is the subject of the report is a qualified individual described in Subsection 26B-1-501(7)(c), (d), or (h).

(b) Only the following information in the report shall be redacted: (i) identifying information of a referent; and
(ii) the surname and address of an individual that is not described in Subsection (1)(b)(i).

(2) (a) The Health and Human Services Interim Committee may, in a closed meeting, review a report described in Subsection [26B-1-506(1) (b)] 26B-1-506(1).
(b) The Child Welfare Legislative Oversight Panel shall, in a closed meeting, review a report described in Subsection [(1)(b)] 26B-1-506(1).

(3) (a) The Health and Human Services Interim Committee and the Child Welfare Legislative Oversight Panel may not interfere with, or make recommendations regarding, the resolution of a particular case.
(b) The purpose of a review described in Subsection (2) is to assist a committee or panel described in Subsection (2) in determining whether to recommend a change in the law.
(c) Any recommendation, described in Subsection (3)(b), by a committee or panel for a change in the law shall be made in an open meeting.

(4) On or before September 1 of each year, the department shall provide an executive summary of all formal review reports for the preceding state fiscal year to: (a) the Office of Legislative Research and General Counsel;
(b) the Health and Human Services Interim Committee; and
(c) the Child Welfare Legislative Oversight Panel.

(5) The executive summary described in Subsection (4): (a) may not include any names or identifying information;
(b) shall include: (i) all recommendations regarding changes to the law that were made during the preceding fiscal year under Subsection 26B-1-505(6);
(ii) all changes made, or in the process of being made, to a law, rule, policy, or procedure in response to a formal review that occurred during the preceding fiscal year;
(iii) a description of the training that has been completed in response to a formal review that occurred during the preceding fiscal year;
(iv) statistics for the preceding fiscal year regarding: (A) the number of qualified individuals and the type of deaths and near fatalities that are known to the department;
(B) the number of formal reviews conducted;
(C) the categories described in Subsection 26B-1-501(7) of qualified individuals;
(D) the gender, age, race, and other significant categories of qualified individuals; and
(E) the number of fatalities of qualified individuals known to the department that are identified as suicides; and

(v) action taken by the Division of Licensing and Background Checks in response to the near fatality or the death of a qualified individual; and

(c) is a public document.

(6) The Division of Child and Family Services shall, to the extent required by the federal Child Abuse Prevention and Treatment Act of 1988, Pub. L. No. 93-247, as amended, allow public disclosure of the findings or information relating to a case of child abuse or neglect that results in a child fatality or a near fatality.

Section 3. Section 78A-2-104 is amended to read:
78A-2-104. Judicial Council -- Creation -- Members -- Terms and election -- Responsibilities -- Reports.
(1) The Judicial Council is composed of: (a) the chief justice of the Supreme Court;
(b) one member elected by the justices of the Supreme Court;
(c) one member elected by the judges of the Court of Appeals;
(d) one member elected by the judges of the Business and Chancery Court;
(e) six members elected by the judges of the district courts;
(f) three members elected by the judges of the juvenile courts;
(g) three members elected by the justice court judges; and
(h) a member or ex officio member of the Board of Commissioners of the Utah State Bar who is an active member of the Utah State Bar in good standing at the time of election by the Board of Commissioners.

(2) The Judicial Council shall have a seal.
(3) (a) The chief justice of the Supreme Court shall act as presiding officer of the Judicial Council and chief administrative officer for the courts.
(b) The chief justice shall vote only in the case of a tie.

(4) (a) All members of the Judicial Council shall serve for three-year terms.
(b) If a Judicial Council member should die, resign, retire, or otherwise fail to complete a term of office, the appropriate constituent group shall elect a member to complete the term of office.
(c) In courts having more than one member, the members shall be elected to staggered terms.
(d) The individual elected by the Board of Commissioners under Subsection (1)(h) may complete a three-year term of office on the Judicial Council even though the individual ceases to be a member or ex officio member of the Board of Commissioners.
(e) The individual elected by the Board of Commissioners under Subsection (1)(h) shall be an active member of the Utah State Bar in good standing for the entire term of the Judicial Council.
(f) Elections are held under rules made by the Judicial Council.

(5) (a) The Judicial Council is responsible for the development of uniform administrative policy for the courts throughout the state.
(b) The presiding officer of the Judicial Council is responsible for the implementation of the policies developed by the Judicial Council and for the general management of the courts, with the aid of the state court administrator.
(c) The Judicial Council has authority and responsibility to: (i) establish and assure compliance with policies for the operation of the courts, including uniform rules and forms; and
(ii) publish and submit to the governor, the chief justice of the Supreme Court, and the Legislature an annual report of the operations of the courts, which shall include financial and statistical data and may include suggestions and recommendations for legislation.

(6) The Judicial Council shall establish standards for the operation of the courts of the state, including facilities, court security, support services, and staff levels for judicial and support personnel.
(7) The Judicial Council shall by rule: (a) establish the time and manner for destroying court records, including computer records; and
(b) establish retention periods for court records.

(8) (a) Consistent with the requirements of judicial office and security policies, the Judicial Council shall establish procedures to govern the assignment of state vehicles to public officers of the judicial branch.
(b) The vehicles shall be marked in a manner consistent with Section 41-1a-407 and may be assigned for unlimited use, within the state only.

(9) (a) The Judicial Council shall: (i) advise judicial officers and employees concerning ethical issues; and
(ii) establish procedures for issuing informal and formal advisory opinions on ethical issues.

(b) Compliance with an informal opinion is evidence of good faith compliance with the Code of Judicial Conduct.
(c) A formal opinion constitutes a binding interpretation of the Code of Judicial Conduct.

(10) (a) The Judicial Council shall establish written procedures authorizing the presiding officer of the Judicial Council to appoint judges of courts of record by special or general assignment to serve temporarily in another level of court in a specific court or generally within that level.
(b) The appointment under Subsection (10)(a) shall be: (i) for a specific period of time; and
(ii) reported to the Judicial Council.

(c) The Judicial Council shall develop the procedures described in this Subsection (10) in accordance with Subsection 78A-2-107(2) regarding the temporary appointment of judges.

(11) (a) The Judicial Council may by rule designate municipalities in addition to those designated by statute as a location of a trial court of record.
(b) There shall be at least one court clerk's office open during regular court hours in each county.
(c) Any trial court of record may hold court in any municipality designated as a location of a court of record.

(12) The Judicial Council shall by rule determine whether the administration of a court is the obligation of the Administrative Office of the Courts or whether the Administrative Office of the Courts should contract with local government for court support services.
(13) The Judicial Council may by rule direct that a district court location be administered from another court location within the county.
(14) [(a)] The Judicial Council shall: [(i)] (a) establish the Office of Guardian [Ad] ad Litem in accordance with Title 78A, Chapter 2, Part 8, Guardian Ad Litem; and
[(ii)] (b) establish and supervise a Guardian [Ad] ad Litem Oversight Committee[.], in accordance with Section 78A-2-104.5.

[(b) The Guardian Ad Litem Oversight Committee described in Subsection (14)(a)(ii) shall oversee the Office of Guardian Ad Litem, established under Subsection (14)(a)(i), and assure that the Office of Guardian Ad Litem complies with state and federal law, regulation, policy, and court rules.]

(15) The Judicial Council shall establish and maintain, in cooperation with the Office of Recovery Services within the Department of Health and Human Services, the part of the state case registry that contains records of each support order established or modified in the state on or after October 1, 1998, as is necessary to comply with the Social Security Act, 42 U.S.C. Sec. 654a.

Section 4. Section 78A-2-104.5 is enacted to read:
78A-2-104.5. Guardian ad Litem Oversight Committee.
(1) There is established the Guardian ad Litem Oversight Committee, supervised by the Judicial Council.
(2) The committee shall consist of: (a) seven members appointed by the Judicial Council, including: (i) a current or former juvenile court judge;
(ii) an attorney with experience representing parents in child welfare cases;
(iii) an attorney with experience representing the Division of Child and Family Services in child welfare cases;
(iv) a behavioral or mental health clinical provider with experience working with families involved in child welfare cases;
(v) an individual with experience working with or advocating for youth in foster care;
(vi) an individual with lived experience as a parent involved with the child welfare system; and
(vii) an individual with lived experience as a child or youth involved with the child welfare system;

(b) two members appointed by the Administrative Office of the Courts, including: (i) a current or former court administrator; and
(ii) a current internal court auditor;

(c) a member of the Senate, whom the president of the Senate appoints;
(d) a member of the House of Representatives, whom the speaker of the House of Representatives appoints; and
(e) the guardian ad litem director, described in Section 78A-2-802, or the director's designee.

(3) The committee shall: (a) oversee the statewide guardian ad litem program;
(b) evaluate the Office of Guardian ad Litem's compliance with the statutory obligations described in Section 78A-2-802;
(c) assess the effectiveness of the statewide guardian ad litem program, including in: (i) cases in which the minor is the subject of an abuse, neglect, or dependency petition as described in Section 78A-2-803;
(ii) cases in which an attorney guardian ad litem is appointed by the district court as described in Section 78A-2-703;
(iii) cases in which a private guardian ad litem is appointed, as described in Section 78A-2-705; and
(iv) any other cases in which a guardian ad litem represents a minor, including as described in Section 78B-7-202, 80-4-106, 80-7-104, or 81-13-203;

(d) annually review a randomly selected sample of the statewide guardian ad litem program cases, including attorney guardian ad litem and private guardian ad litem cases;
(e) review the report described in Section 78A-2-802; and
(f) make recommendations regarding the statewide guardian ad litem program.

(4) In reviewing cases as described in Subsection (3)(d), the committee shall assess: (a) whether the office is adequately representing the minor's interests;
(b) compliance with the requirement to conduct an independent investigation, meet with the minor, and keep the minor informed regarding the case; and
(c) the outcomes of cases for children and families.

(5) The committee may: (a) replace the guardian ad litem director in accordance with Section 78A-2-802;
(b) establish policies, requirements, or guidelines for guardians ad litem; and
(c) subject to Subsection (6), review and discuss individual cases assigned to the Office of Guardian ad Litem.

(6) (a) If the committee discusses an individual case, the committee shall close the committee's meeting in accordance with Title 52, Chapter 4, Open and Public Meetings Act.
(b) A record of the committee regarding an individual case: (i) is classified as private under Section 63G-2-302; and
(ii) may be disclosed only in accordance with federal law and Title 63G, Chapter 2, Government Records Access and Management Act.

(c) The committee shall have access to all of the Office of Guardian ad Litem's records, including records regarding individual cases.
(d) Except as provided in Subsection (6)(c), and notwithstanding Title 63G, Chapter 2, Government Records Access and Management Act, all records of an attorney guardian ad litem are confidential and may not be released or made public upon subpoena, search warrant, discovery proceedings, or otherwise.
(e) In accordance with Title 63G, Chapter 2, Government Records Access and Management Act, all documents and information received by the committee from the Office of Guardian ad Litem shall maintain the same classification under Title 63G, Chapter 2, Government Records Access and Management Act, that was designated by the Office of Guardian ad Litem.
(f) Subsection (6)(c) is an exception to Utah Rules of Professional Conduct, Rule 1.6, as provided by Rule 1.6(b)(4), because of: (i) the unique role of an attorney guardian ad litem; and
(ii) the state's role and responsibility to provide a guardian ad litem program, and as parens patriae, to protect minors.

(7) The committee shall meet at least quarterly.
(8) A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with: (a) Section 63A-3-106;
(b) Section 63A-3-107; and
(c) rules made by the Division of Finance in accordance with Sections 63A-3-106 and 63A-3-107.

(9) On or before November 1, the committee shall provide an annual report to the Judicial Council and the Child Welfare Legislative Oversight Panel regarding the committee's activities, findings, and recommendations.

Section 5. Section 78A-2-702 is amended to read:
78A-2-702. Definitions.
(1) As used in this part: [(1)] (a) "Attorney guardian ad litem" means an attorney employed by the office.
[(2)] (b) "Director" means the director of the office.
(c) "Expressed interest" means the same as that term is defined in Section 80-1-102.
[(3)] (d) "Guardian ad litem" means an attorney guardian ad litem or a private attorney guardian ad litem.
[(4)] (e) "Office" means the Office of Guardian ad Litem, created in Section 78A-2-802.
[(5)] (f) "Private attorney guardian ad litem" means an attorney designated by the office in accordance with Section 78A-2-705 who is not an employee of the office.

(2) A determination of a minor's best interest under this part shall be made in accordance with Sections 80-2a-201, 80-4-104, and any other section of this title consistent with those sections.

Section 6. Section 78A-2-704 is amended to read:
78A-2-704. Public policy regarding attorney guardian ad litem -- Training.
(1) An attorney guardian ad litem may not presume that a child and the child's parent are adversaries.
(2) An attorney guardian ad litem shall be trained on and implement into practice: (a) the parental rights and child and family protection principles provided in Section 80-2a-201;
(b) the fundamental liberties of parents and the public policy of the state to support family unification to the fullest extent possible;
(c) the constitutionally protected rights of parents, in cases where the state is a party;
(d) the use of a least restrictive means analysis regarding state claims of a compelling child welfare interest;
(e) the priority of maintaining a child safely in the child's home, whenever possible;
(f) the importance of: (i) kinship placement, [in the event] if the child is removed from the home; and
(ii) keeping sibling groups together, whenever practicable and in the best interests of the children;

(g) the preference for kinship adoption over nonkinship adoption, if the parent-child relationship is legally terminated;
(h) the potential for a guardianship placement if the parent-child relationship is legally terminated and no appropriate adoption placement is available; and
(i) the use of an individualized permanency plan, only as a last resort.

(3) The office shall implement policies and practice guidelines that reflect the priorities described in Subsections (2)(e) through (i) for the placement of children.

Section 7. Section 78A-2-801 is amended to read:
78A-2-801. Definitions.
(1) As used in this part: [(1)] (a) "Abuse, neglect, or dependency petition" means the same as that term is defined in Section 80-3-102.
[(2)] (b) "Attorney guardian ad litem" means an attorney employed by the office.
[(3)] (c) "Director" means the director of the office.
[(4)] (d) "Division" means the Division of Child and Family Services created in Section 80-2-201.
[(5)] (e) "Guardian ad litem" means an attorney guardian ad litem or a private attorney guardian ad litem.
[(6)] (f) "Indigent individual" means the same as that term is defined in Section 78B-22-102.
[(7)] (g) "Minor" means the same as that term is defined in Section 80-1-102.
[(8)] (h) "Office" means the Office of Guardian Ad Litem created in Section 78A-2-802.
[(9)] (i) "Private attorney guardian ad litem" means an attorney designated by the office in accordance with Section 78A-2-705 who is not an employee of the office.

(2) A determination of a minor's best interest under this chapter shall be made in accordance with Sections 80-2a-201, 80-4-104, and any other section of this title consistent with those sections.

Section 8. Section 78A-2-802 is amended to read:
78A-2-802. Office of Guardian ad Litem -- Appointment of director -- Duties of director -- Contracts in second, third, and fourth districts.
(1) There is created the Office of Guardian [Ad] ad Litem under the direct supervision of the Guardian [Ad] ad Litem Oversight Committee described in [Subsection 78A-2-104(14)] Section 78A-2-104.5.
(2) (a) The Guardian [Ad] ad Litem Oversight Committee shall appoint one individual to serve full time as the guardian ad litem director for the state.
(b) The guardian ad litem director shall: (i) serve at the pleasure of the Guardian [Ad] ad Litem Oversight Committee, in consultation with the state court administrator;
(ii) be an attorney licensed to practice law in this state and selected on the basis of: (A) professional ability;
(B) experience in abuse, neglect, and dependency proceedings;
(C) familiarity with the role, purpose, and function of guardians ad litem in both juvenile and district courts; and
(D) ability to develop training curricula and reliable methods for data collection and evaluation; and

(iii) before or immediately after the director's appointment, be trained in nationally recognized standards for an attorney guardian ad litem.

(3) The guardian ad litem director shall: (a) establish policy and procedure for the management of a statewide guardian ad litem program;
(b) manage the guardian ad litem program to assure that a minor receives qualified guardian ad litem services in an abuse, neglect, or dependency proceeding under Title 80, Chapter 3, Abuse, Neglect, and Dependency Proceedings, in accordance with state and federal law and policy;
(c) develop standards for contracts of employment and contracts with independent contractors, and employ or contract with attorneys licensed to practice law in this state, to act as attorney guardians ad litem in accordance with Section 78A-2-803;
(d) develop and provide training programs for volunteers in accordance with the United States Department of Justice National Court Appointed Special [Advocates] Advocate Association standards;
(e) develop, publish, and update a guardian ad litem manual that includes: (i) best practices for an attorney guardian ad litem; and
(ii) statutory and case law relating to an attorney guardian ad litem;

(f) develop and provide a library of materials for the continuing education of attorney guardians ad litem and volunteers;
(g) educate court personnel regarding the role and function of guardians ad litem;
(h) develop needs assessment strategies, perform needs assessment surveys, and ensure that guardian ad litem training programs correspond with actual and perceived needs for training;
(i) design and implement evaluation tools based on specific objectives targeted in the needs assessments described in Subsection (3)(h);
(j) evaluate the performance of attorney guardians ad litem and private guardians ad litem, including tracking the frequency of a guardian ad litem's interactions with a minor and whether the interaction was: (i) directly with the minor in person;
(ii) directly with the minor through telephone, video, or writing; or
(iii) indirectly with the minor through an assigned trained volunteer, in accordance with Section 78A-2-803;

[(j)] (k) prepare and submit an annual report to the Guardian ad Litem Oversight Committee and the Child Welfare Legislative Oversight Panel created in Section 36-33-102 regarding: (i) the development, policy, and management of the statewide guardian ad litem program;
(ii) the training and evaluation of attorney guardians ad litem and volunteers, including needs assessment surveys and evaluation tools described in Subsections (3)(h) and (i);
(iii) specific action the director has taken to: (A) confirm that minor clients receive qualified guardian ad litem services; and
(B) audit and review cases assigned to the office for statutory compliance, best practices, and outcomes;

(iv) guardians ad litem client interaction data; and
[(iii)] (v) the number of minors served by the office;

[(k)] (l) hire, train, and supervise investigators; and
[(l)] (m) administer the program of private attorney guardians ad litem established under Section 78A-2-705.

(4) A contract of employment or independent contract described in Subsection (3)(c) shall provide that an attorney guardian ad litem in the second, third, and fourth judicial districts devote the attorney guardian's ad litem full time and attention to the role of attorney guardian ad litem, having no clients other than the minors whose interest the attorney guardian ad litem represents within the guardian ad litem program.

Section 9. Section 78A-2-803 is amended to read:
78A-2-803. Appointment of attorney guardian ad litem -- Duties and responsibilities -- Training -- Trained staff and court-appointed special advocate volunteers -- Costs -- Immunity -- Annual report.
(1) (a) The court: (i) may appoint an attorney guardian ad litem to represent [the best interest of]a minor involved in any case before the court; and
(ii) shall consider the best interest of a minor, consistent with the provisions of Section 80-2a-201, in determining whether to appoint a guardian ad litem.

(b) In all cases where an attorney guardian ad litem is appointed, the court shall make a finding that establishes the necessity of the appointment within seven days of the appointment.

(2) [An] Following appointment by the court, an attorney guardian ad litem shall represent the [best interest of each]minor who [may become] is the subject of an abuse, neglect, or dependency petition [from the earlier of:] in accordance with Subsection (8). [(a) the day on which the minor is removed from the minor's home by the division; or]
[(b) the day on which the abuse, neglect, or dependency petition is filed.]

(3) The director shall ensure that each attorney guardian ad litem employed by the office: (a) represents the best interest of each client of the office in all venues, including: (i) court proceedings; and
(ii) meetings to develop, review, or modify the child and family plan with the division in accordance with Section 80-3-307;

(b) before representing any minor before the court, be trained in: (i) applicable statutory, regulatory, and case law; and
(ii) nationally recognized standards for an attorney guardian ad litem;

(c) conducts or supervises an ongoing, independent investigation in order to obtain, first-hand, a clear understanding of the situation[and], needs, and wishes of the minor;
(d) (i) personally meets with the minor, unless: (A) the minor is outside of the state; or
(B) meeting with the minor would be detrimental to the minor;

(ii) personally interviews the minor, unless: (A) the minor is not old enough to communicate;
(B) the minor lacks the capacity to participate in a meaningful interview; or
(C) the interview would be detrimental to the minor; and

(iii) if the minor is placed in an out-of-home placement, or is being considered for placement in an out-of-home placement, unless it would be detrimental to the minor[:], [(A)] to the extent possible, determines the minor's goals and concerns regarding placement[; and];
[(B) personally assesses or supervises an assessment of the appropriateness and safety of the minor's environment in each placement;]

(e) personally attends all review hearings pertaining to the minor's case;
(f) participates in all appeals, unless excused by order of the court;
(g) is familiar with local experts who can provide consultation and testimony regarding the reasonableness and appropriateness of efforts made by the division to: (i) maintain a minor in the minor's home; or
(ii) reunify a minor with a minor's parent;

(h) to the extent possible, and unless it would be detrimental to the minor, personally or through a trained volunteer, paralegal, or other trained staff, keeps the minor advised of: (i) the status of the minor's case;
(ii) all court and administrative proceedings;
(iii) discussions with, and proposals made by, other parties;
(iv) court action; and
(v) the psychiatric, medical, or other treatment or diagnostic services that are to be provided to the minor;

(i) in cases where a child and family plan is required, personally or through a trained volunteer, paralegal, or other trained staff, monitors implementation of a minor's child and family plan and any dispositional orders to: (i) determine whether services ordered by the court: (A) are actually provided; and
(B) are provided in a timely manner; and

(ii) [attempt to]assess whether services ordered by the court are accomplishing the intended goal of the services; and

(j) makes all necessary court filings to advance the [guardian's ad litem position regarding the best interest of the minor] orders and established goals of the court.

(4) (a) Consistent with this Subsection (4), an attorney guardian ad litem may use trained volunteers, in accordance with Title 67, Chapter 20, Volunteer Government Workers Act, trained paralegals, and other trained staff to assist in investigation and preparation of information regarding the cases of individual minors before the court.
(b) A volunteer, paralegal, or other staff utilized under this section shall be trained in and follow, at a minimum, the guidelines established by the United States Department of Justice National Court Appointed Special Advocate Association.

(5) The attorney guardian ad litem shall continue to represent the best interest of the minor until released from that duty by the court.
(6) (a) Consistent with Subsection (6)(b), the juvenile court is responsible for: (i) all costs resulting from the appointment of an attorney guardian ad litem; and
(ii) the costs of volunteer, paralegal, and other staff appointment and training.

(b) The court shall use funds appropriated by the Legislature for the guardian ad litem program to cover the costs described in Subsection (6)(a).
(c) (i) When the court appoints an attorney guardian ad litem under this section, the court may assess all or part of the attorney fees, court costs, and paralegal, staff, and volunteer expenses against the minor's parents, parent, or legal guardian in a proportion that the court determines to be just and appropriate, taking into consideration costs already borne by the parents, parent, or legal guardian, including: (A) private attorney fees;
(B) counseling for the minor;
(C) counseling for the parent, if mandated by the court or recommended by the division; and
(D) any other cost the court determines to be relevant.

(ii) The court may not assess the fees or costs described in Subsection (6)(c)(i) against: (A) a legal guardian, when that guardian is the state; or
(B) consistent with Subsection (6)(d), a parent who is found to be an indigent individual.

(d) For purposes of Subsection (6)(c)(ii)(B), if an individual claims to be an indigent individual, the court shall: (i) require the individual to submit an affidavit of indigency as provided in Section 78A-2-302; and
(ii) follow the procedures and make the determinations as provided in Section 78A-2-304.

(e) The minor's parents, parent, or legal guardian may appeal the court's determination, under Subsection (6)(c), of fees, costs, and expenses.

(7) An attorney guardian ad litem appointed under this section, when serving in the scope of the attorney guardian's ad litem duties as guardian ad litem is considered an employee of the state for purposes of indemnification under Title 63G, Chapter 7, Governmental Immunity Act of Utah.
(8) (a) An attorney guardian ad litem shall represent the best interest of a minor.
(b) If the minor's wishes differ from the attorney's determination of the minor's best interest, the attorney guardian ad litem shall: (i) []communicate the minor's wishes to the court in addition to presenting the attorney's determination of the minor's best interest; and
(ii) provide the basis for the attorney's determination to the court and to the minor.

(c) A difference between the minor's wishes and the attorney's determination of best interest may not be considered a conflict of interest for the attorney.
(d) The guardian ad litem shall disclose the wishes of the minor unless the minor: (i) instructs the guardian ad litem to not disclose the minor's wishes; or
(ii) has not expressed any wishes.

(e) The court may appoint one attorney guardian ad litem to represent the best interests of [more than one minor of a marriage] minor siblings if no conflict is present.

(9) At each hearing, the attorney guardian ad litem shall inform the court: (a) whether the minor expressed a desire to be present at the hearing; and
(b) of the date that the attorney guardian ad litem most recently spoke with the minor, including whether the interaction was: (i) directly with the minor in person;
(ii) directly with the minor through telephone, video, or writing; or
(iii) indirectly with the minor through an assigned trained volunteer, in accordance with Subsection (4).

(10) (a) A minor may request a change in an appointed attorney guardian ad litem directly if there is good cause.
(b) The court shall determine whether to change the appointed attorney guardian ad litem.

[(9)] (11) The division shall provide an attorney guardian ad litem access to all division records regarding the minor at issue and the minor's family.
[(10)] (12) (a) An attorney guardian ad litem shall conduct an independent investigation regarding the minor at issue, the minor's family, and what is in the best interest of the minor.
(b) An attorney guardian ad litem may interview the minor's child welfare caseworker, but may not: (i) rely exclusively on the conclusions and findings of the division; or
(ii) except as provided in Subsection [(10)(c)] (12)(c), conduct a visit with the client in conjunction with the visit of a child welfare caseworker.

(c) (i) An attorney guardian ad litem may meet with a client during a team meeting, court hearing, or similar venue when a child welfare caseworker is present for a purpose other than the attorney guardian ad litem's meeting with the client.
(ii) A party and the party's counsel may attend a team meeting in accordance with the Utah Rules of Professional Conduct.

[(11)] (13) (a) An attorney guardian ad litem shall maintain current and accurate records regarding: (i) the number of times the attorney has had contact with each minor; and
(ii) the actions the attorney has taken in representation of the minor's best interest.

(b) In every hearing where the attorney guardian ad litem makes a recommendation regarding the best interest of the minor, the court shall require the attorney guardian ad litem to disclose the activities and sources of the attorney guardian ad litem's independent investigation and factors that form the basis of the recommendation.

[(12)] (14) (a) Except as provided in Subsection [(12)(b)] (14)(b), and notwithstanding Title 63G, Chapter 2, Government Records Access and Management Act, all records of an attorney guardian ad litem are confidential and may not be released or made public upon subpoena, search warrant, discovery proceedings, or otherwise.
(b) Consistent with Subsection [(12)(d)] (14)(d), all records of an attorney guardian ad litem: (i) are subject to legislative subpoena, under Title 36, Chapter 14, Legislative Subpoena Powers; and
(ii) shall be released to the Legislature.

(c) (i) Except as provided in Subsection [(12)(c)(ii)] (14)(c)(ii), the Legislature shall maintain records released in accordance with Subsection [(12)(b)] (14)(b) as confidential.
(ii) Notwithstanding Subsection [(12)(c)(i)] (14)(c)(i), the Office of the Legislative Auditor General may include summary data and nonidentifying information in the office's audits and reports to the Legislature.

(d) (i) Subsection [(12)(b)] (14)(b) is an exception to Utah Rules of Professional Conduct, Rule 1.6, as provided by Rule 1.6(b)(4), because of: (A) the unique role of an attorney guardian ad litem described in Subsection (8); and
(B) the state's role and responsibility to provide a guardian ad litem program, and as parens patriae, to protect minors.

(ii) A claim of attorney-client privilege does not bar access to the records of an attorney guardian ad litem by the Legislature, through legislative subpoena.

(15) (a) An attorney guardian ad litem shall respond to case-related discovery.
(b) Interrogatories, requests for admissions, or depositions may not be imposed on a minor.

(16) (a) An attorney guardian ad litem should make a best interest recommendation based on the attorney guardian ad litem's direct knowledge and independent and personal investigation.
(b) The Office of Guardian ad Litem's director or a managing attorney shall preserve the independent investigation of an attorney guardian ad litem as required in Subsection (12)(a) and may not direct an attorney guardian ad litem to take a certain position or make a particular recommendation.

(17) When making a ruling, the juvenile court may consider the minor's wishes.

Section 10. 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: (i) (A) nonaccidental harm of a child;
(B) threatened harm of a child;
(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 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, except as provided in Subsection (3)(b): (i) for a delinquency petition or criminal information under Chapter 6, Juvenile Justice: (A) a finding by the juvenile court that the facts alleged in a delinquency petition or criminal information alleging that a minor committed an offense have been proved;
(B) an admission by a minor in the juvenile court as described in Section 80-6-306; or
(C) a plea of no contest by minor in the juvenile court; or

(ii) for all other proceedings under this title, a finding by the juvenile court that the facts alleged in the petition have been proved.

(b) "Adjudication" does not include: (i) an admission by a minor described in Section 80-6-306 until the juvenile court enters the minor's admission; or
(ii) 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.
(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 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.
(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) "Expressed interest" means the goals, desires, outcomes, or wishes that a minor has expressed.
[(32)] (33) "Forensic evaluator" means the same as that term is defined in Section 77-15-2.
[(33)] (34) "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)] (35) "Gender identity" means the same as that term is defined in Section 34A-5-102.
[(35)] (36) "Group rehabilitation therapy" means psychological and social counseling of one or more individuals in the group, depending upon the recommendation of the therapist.
[(36)] (37) "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.

[(37)] (38) "Guardian ad litem" means the same as that term is defined in Section 78A-2-801.
[(38)] (39) "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
(d) sexual exploitation.

[(39)] (40) "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.

[(40)] (41) (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.

[(41)] (42) "Indian child" means the same as that term is defined in 25 U.S.C. Sec. 1903.
[(42)] (43) "Indian tribe" means the same as that term is defined in 25 U.S.C. Sec. 1903.
[(43)] (44) "Indigent defense service provider" means the same as that term is defined in Section 78B-22-102.
[(44)] (45) "Indigent defense services" means the same as that term is defined in Section 78B-22-102.
[(45)] (46) "Indigent individual" means the same as that term is defined in Section 78B-22-102.
[(46)] (47) (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.

[(47)] (48) "Intellectual disability" means a significant subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior that constitutes a substantial limitation to the individual's ability to function in society.
[(48)] (49) "Juvenile offender" means: (a) a serious youth offender; or
(b) a youth offender.

[(49)] (50) "Juvenile probation officer" means a probation officer appointed under Section 78A-6-205.
[(50)] (51) "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.
[(51)] (52) "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.

[(52)] (53) "Licensing Information System" means the Licensing Information System maintained by the Division of Child and Family Services under Section 80-2-1002.
[(53)] (54) "Management Information System" means the Management Information System developed by the Division of Child and Family Services under Section 80-2-1001.
[(54)] (55) "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.

[(55)] (56) "Minor" means, except as provided in Sections 80-6-501, 80-6-901, and 80-7-102: (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).

[(56)] (57) "Mobile crisis outreach team" means the same as that term is defined in Section 26B-5-101.
[(57)] (58) "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.
[(58)] (59) (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 in the same home is neglected or abused;
(v) abandonment of a child through an unregulated child custody transfer under Section 81-14-203; or
(vi) educational neglect.

(b) "Neglect" does not include: (i) a parent or guardian legitimately practicing religious beliefs and who, for that reason, does not provide specified medical treatment for a child;
(ii) a health care decision made for a child by the child's parent or guardian, unless the state or other party to a proceeding shows, by clear and convincing evidence, that the health care decision is not reasonable and informed;
(iii) a parent or guardian exercising the right described in Section 80-3-304; or
(iv) permitting a child, whose basic needs are met and who is of sufficient age and maturity to avoid harm or unreasonable risk of harm, to engage in independent activities, including: (A) traveling to and from school, including by walking, running, or bicycling;
(B) traveling to and from nearby commercial or recreational facilities;
(C) engaging in outdoor play;
(D) remaining in a vehicle unattended, except under the conditions described in Subsection 76-5-115(2);
(E) remaining at home unattended; or
(F) engaging in a similar independent activity.

[(59)] (60) "Neglected child" means a child who has been subjected to neglect.
[(60)] (61) "Nonjudicial adjustment" means closure of the case by the assigned juvenile probation officer, without an adjudication of the minor's case under Section 80-6-701, upon the consent in writing of: (a) the assigned juvenile probation officer; and
(b) (i) the minor; or
(ii) the minor and the minor's parent, guardian, or custodian.

[(61)] (62) "Not competent to proceed" means that a minor, due to a mental illness, intellectual disability or related condition, or developmental immaturity, lacks the ability to: (a) understand the nature of the proceedings against the minor or of the potential disposition for the offense charged; or
(b) consult with counsel and participate in the proceedings against the minor with a reasonable degree of rational understanding.

[(62)] (63) (a) "Parent" means, except as provided in Section 80-3-302, an individual with a parent-child relationship to a minor under Section 81-5-201.
(b) "Parent" includes the minor's noncustodial parent as defined in Section 81-1-101.

[(63)] (64) "Parole" means a conditional release of a juvenile offender from residency in secure care to live outside of secure care under the supervision of the Division of Juvenile Justice and Youth Services, or another person designated by the Division of Juvenile Justice and Youth Services.
[(64)] (65) "Physical abuse" means abuse that results in physical injury or damage to a child.
[(65)] (66) (a) "Probation" means a legal status created by court order, following an adjudication under Section 80-6-701, whereby the minor is permitted to remain in the minor's home under prescribed conditions.
(b) "Probation" includes intake probation or formal probation.

[(66)] (67) "Prosecuting attorney" means: (a) the attorney general and any assistant attorney general;
(b) any district attorney or deputy district attorney;
(c) any county attorney or assistant county attorney; and
(d) any other attorney authorized to commence an action on behalf of the state.

[(67)] (68) "Protective custody" means the shelter of a child by the Division of Child and Family Services from the time the child is removed from the home until the earlier of: (a) the day on which the shelter hearing is held under Section 80-3-301; or
(b) the day on which the child is returned home.

[(68)] (69) "Protective services" means expedited services that are provided: (a) in response to evidence of neglect, abuse, or dependency of a child;
(b) to a cohabitant who is neglecting or abusing a child, in order to: (i) help the cohabitant develop recognition of the cohabitant's duty of care and of the causes of neglect or abuse; and
(ii) strengthen the cohabitant's ability to provide safe and acceptable care; and

(c) in cases where the child's welfare is endangered: (i) to bring the situation to the attention of the appropriate juvenile court and law enforcement agency;
(ii) to cause a protective order to be issued for the protection of the child, when appropriate; and
(iii) to protect the child from the circumstances that endanger the child's welfare including, when appropriate: (A) removal from the child's home;
(B) placement in substitute care; and
(C) petitioning the court for termination of parental rights.

[(69)] (70) "Protective supervision" means a legal status created by court order, following an adjudication on the ground of abuse, neglect, or dependency, whereby: (a) the minor is permitted to remain in the minor's home; and
(b) supervision and assistance to correct the abuse, neglect, or dependency is provided by an agency designated by the juvenile court.

[(70)] (71) (a) "Related condition" means a condition that: (i) is found to be closely related to intellectual disability;
(ii) results in impairment of general intellectual functioning or adaptive behavior similar to that of an intellectually disabled individual;
(iii) is likely to continue indefinitely; and
(iv) constitutes a substantial limitation to the individual's ability to function in society.

(b) "Related condition" does not include mental illness, psychiatric impairment, or serious emotional or behavioral disturbance.

[(71)] (72) (a) "Residual parental rights and duties" means the rights and duties remaining with a parent after legal custody or guardianship, or both, have been vested in another person or agency, including: (i) the responsibility for support;
(ii) the right to consent to adoption;
(iii) the right to determine the child's religious affiliation; and
(iv) the right to reasonable parent-time unless restricted by the court.

(b) If no guardian has been appointed, "residual parental rights and duties" includes the right to consent to: (i) marriage;
(ii) enlistment; and
(iii) major medical, surgical, or psychiatric treatment.

[(72)] (73) "Runaway" means a child, other than an emancipated child, who willfully leaves the home of the child's parent or guardian, or the lawfully prescribed residence of the child, without permission.
[(73)] (74) "Secure care" means placement of a minor, who is committed to the Division of Juvenile Justice and Youth Services for rehabilitation, in a facility operated by, or under contract with, the Division of Juvenile Justice and Youth Services, that provides 24-hour supervision and confinement of the minor.
[(74)] (75) "Secure care facility" means a facility, established in accordance with Section 80-5-503, for juvenile offenders in secure care.
[(75)] (76) "Secure detention" means temporary care of a minor who requires secure custody in a physically restricting facility operated by, or under contract with, the Division of Juvenile Justice and Youth Services: (a) before disposition of an offense that is alleged to have been committed by the minor; or
(b) under Section 80-6-704.

[(76)] (77) "Serious youth offender" means an individual who: (a) is at least 14 years old, but under 25 years old;
(b) committed a felony listed in Subsection 80-6-503(1) and the continuing jurisdiction of the juvenile court was extended over the individual's case until the individual was 25 years old in accordance with Section 80-6-605; and
(c) is committed by the juvenile court to the Division of Juvenile Justice and Youth Services for secure care under Sections 80-6-703 and 80-6-705.

[(77)] (78) "Severe abuse" means abuse that causes or threatens to cause serious harm to a child.
[(78)] (79) "Severe neglect" means neglect that causes or threatens to cause serious harm to a child.
[(79)] (80) (a) "Severe type of child abuse or neglect" means, except as provided in Subsection [(79)(b)] (80)(b): (i) if committed by an individual who is 18 years old or older: (A) chronic abuse;
(B) severe abuse;
(C) sexual abuse;
(D) sexual exploitation;
(E) abandonment;
(F) chronic neglect; or
(G) severe neglect; or

(ii) if committed by an individual who is under 18 years old: (A) causing serious injury, as defined in Subsection 76-5-109(1), to another child that indicates a significant risk to other children; or
(B) sexual behavior with or upon another child that indicates a significant risk to other children.

(b) "Severe type of child abuse or neglect" does not include: (i) the use of reasonable and necessary physical restraint by an educator in accordance with Section 53G-8-301 or Section 76-2-401;
(ii) an individual's conduct that is justified under Section 76-2-401 or constitutes the use of reasonable and necessary physical restraint or force in self-defense or otherwise appropriate to the circumstances to obtain possession of a weapon or other dangerous object in the possession or under the control of a child or to protect the child or another individual from physical injury; or
(iii) a health care decision made for a child by a child's parent or guardian, unless, subject to Subsection [(79)(c)] (80)(c), the state or other party to the proceeding shows, by clear and convincing evidence, that the health care decision is not reasonable and informed.

(c) Subsection [(79)(b)(iii)] (80)(b)(iii) does not prohibit a parent or guardian from exercising the right to obtain a second health care opinion.

[(80)] (81) (a) "Sexual abuse" means: (i) an act or attempted act of sexual intercourse, sodomy, incest, or molestation by an adult directed towards a child;
(ii) an act or attempted act of sexual intercourse, sodomy, incest, or molestation committed by a child towards another child if: (A) there is an indication of force or coercion;
(B) the children are related, as described in Subsection [(40)] (41), including siblings by marriage while the marriage exists or by adoption; or
(C) the act or attempted act constitutes unlawful sexual activity as described in Section 76-5-401.3.

(iii) engaging in any conduct with a child that would constitute an offense under any of the following, regardless of whether the individual who engages in the conduct is actually charged with, or convicted of, the offense: (A) Title 76, Chapter 5, Part 4, Sexual Offenses;
(B) child bigamy, Section 76-7-101.5;
(C) incest, Section 76-7-102;
(D) voyeurism, Section 76-12-306;
(E) recorded or photographed voyeurism, Section 76-12-307; or
(F) distribution of images obtained through voyeurism, Section 76-12-308; or

(iv) subjecting a child to participate in or threatening to subject a child to participate in a sexual relationship, regardless of whether that sexual relationship is part of a legal or cultural marriage.

(b) "Sexual abuse" does not include engaging in any conduct with a child that would constitute an offense described in: (i) Section 76-5-401, unlawful sexual activity with a minor, if the alleged perpetrator of the offense is a minor; or
(ii) Section 76-5-417, enticing a minor.

[(81)] (82) "Sexual exploitation" means knowingly: (a) employing, using, persuading, inducing, enticing, or coercing any child to: (i) pose in the nude for the purpose of sexual arousal of any individual; or
(ii) engage in any sexual or simulated sexual conduct for the purpose of photographing, filming, recording, or displaying in any way the sexual or simulated sexual conduct;

(b) displaying, distributing, possessing for the purpose of distribution, or selling material depicting a child: (i) in the nude, for the purpose of sexual arousal of any individual; or
(ii) engaging in sexual or simulated sexual conduct; or

(c) engaging in any conduct that would constitute an offense under Section 76-5b-201, sexual exploitation of a minor, or Section 76-5b-201.1, aggravated sexual exploitation of a minor, regardless of whether the individual who engages in the conduct is actually charged with, or convicted of, the offense.

[(82)] (83) "Shelter" means the temporary care of a child in a physically unrestricted facility pending a disposition or transfer to another jurisdiction.
[(83)] (84) "Shelter facility" means a nonsecure facility that provides shelter for a minor.
[(84)] (85) "Significant risk" means a risk of harm that is determined to be significant in accordance with risk assessment tools and rules established by the Division of Child and Family Services in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that focus on: (a) age;
(b) social factors;
(c) emotional factors;
(d) sexual factors;
(e) intellectual factors;
(f) family risk factors; and
(g) other related considerations.

[(85)] (86) "Single criminal episode" means the same as that term is defined in Section 76-1-401.
[(86)] (87) "Status offense" means an offense that would not be an offense but for the age of the offender.
[(87)] (88) "Substance abuse" means, except as provided in Section 80-2-603, the misuse or excessive use of alcohol or other drugs or substances.
[(88)] (89) "Substantiated" or "substantiation" means a judicial finding based on a preponderance of the evidence, and separate consideration of each allegation made or identified in the case, that abuse, neglect, or dependency occurred.
[(89)] (90) "Substitute care" means: (a) the placement of a minor in a family home, group care facility, or other placement outside the minor's own home, either at the request of a parent or other responsible relative, or upon court order, when it is determined that continuation of care in the minor's own home would be contrary to the minor's welfare;
(b) services provided for a minor in the protective custody of the Division of Child and Family Services, or a minor in the temporary custody or custody of the Division of Child and Family Services, as those terms are defined in Section 80-2-102; or
(c) the licensing and supervision of a substitute care facility.

[(90)] (91) "Supported" means a finding by the Division of Child and Family Services based on the evidence available at the completion of an investigation, and separate consideration of each allegation made or identified during the investigation, that there is a reasonable basis to conclude that abuse, neglect, or dependency occurred.
[(91)] (92) "Termination of parental rights" means the permanent elimination of all parental rights and duties, including residual parental rights and duties, by court order.
[(92)] (93) "Therapist" means: (a) an individual employed by a state division or agency for the purpose of conducting psychological treatment and counseling of a minor in the division's or agency's custody; or
(b) any other individual licensed or approved by the state for the purpose of conducting psychological treatment and counseling.

[(93)] (94) "Threatened harm" means actions, inactions, or credible verbal threats, indicating that the child is at an unreasonable risk of harm or neglect.
[(94)] (95) "Torture" means: (a) the infliction of a serious injury upon a child in an exceptionally cruel or exceptionally depraved manner that causes the child to experience extreme physical or psychological pain or anguish; or
(b) the infliction of a serious injury, or more than one serious injury, upon a child as part of a course of conduct or over a prolonged period of time.

[(95)] (96) "Ungovernable" means a child in conflict with a parent or guardian, and the conflict: (a) results in behavior that is beyond the control or ability of the child, or the parent or guardian, to manage effectively;
(b) poses a threat to the safety or well-being of the child, the child's family, or others; or
(c) results in the situations described in Subsections [(95)(a)] (96)(a) and (b).

[(96)] (97) "Unsubstantiated" means a judicial finding that there is insufficient evidence to conclude that abuse, neglect, or dependency occurred.
[(97)] (98) "Unsupported" means a finding by the Division of Child and Family Services at the completion of an investigation, after the day on which the Division of Child and Family Services concludes the alleged abuse, neglect, or dependency is not without merit, that there is insufficient evidence to conclude that abuse, neglect, or dependency occurred.
[(98)] (99) "Validated risk and needs assessment" means an evidence-based tool that assesses a minor's risk of reoffending and a minor's criminogenic needs.
[(99)] (100) "Without merit" means a finding at the completion of an investigation by the Division of Child and Family Services, or a judicial finding, that the alleged abuse, neglect, or dependency did not occur, or that the alleged perpetrator was not responsible for the abuse, neglect, or dependency.
[(100)] (101) "Youth offender" means an individual who is: (a) at least 12 years old, but under 21 years old; and
(b) committed by the juvenile court to the Division of Juvenile Justice and Youth Services for secure care under Sections 80-6-703 and 80-6-705.

Section 11. Section 80-2-102 is amended to read:
80-2-102. Definitions.
(1) As used in this chapter: [(1)] (a) "Consult" means an interaction between two persons in which the initiating person: [(a)] (i) provides information to another person;
[(b)] (ii) provides the other person an opportunity to respond; and
[(c)] (iii) takes the other person's response, if any, into consideration.

[(2)] (b) "Consumer" means a person who receives services offered by the division in accordance with this chapter.
[(3)] (c) "Council" means the Child Welfare Improvement Council created in Section 80-2-1101.
[(4)] (d) "Custody," with regard to the division, means the custody of a minor in the division as of the date of disposition.
[(5)] (e) "Day-care services" means care of a child for a portion of the day which is less than 24 hours: [(a)] (i) in the child's own home by a responsible individual; or
[(b)] (ii) outside of the child's home in a: [(i)] (A) day-care center;
[(ii)] (B) family group home; or
[(iii)] (C) family child care home.

[(6)] (f) "Director" means the director of the division appointed under Section 80-2-202.
[(7)] (g) "Division" means the Division of Child and Family Services created in Section 80-2-201.
[(8)] (h) "Domestic violence" means the same as that term is defined in Section 77-36-1.
[(9)] (i) "Domestic violence services" means: [(a)] (i) temporary shelter, treatment, and related services provided to: [(i)] (A) an individual who is a victim of abuse, as defined in Section 78B-7-102; and
[(ii)] (B) the dependent children of an individual who is a victim of abuse, as defined in Section 78B-7-102; and

[(b)] (ii) treatment services for an individual who is alleged to have committed, has been convicted of, or has pled guilty to domestic violence.

[(10)] (j) "Homemaking services" means the care of an individual in the individual's domicile, and help given to an individual caretaker relative to achieve improved household and family management through the services of a trained homemaker.
[(11)] (k) "Hormonal transgender treatment" means the same as that term is defined in Section 58-1-603.
[(12)] (l) "Mutual case" means a case that is: [(a)] (i) opened by the division under the division's discretion and procedures;
[(b)] (ii) opened by the law enforcement agency with jurisdiction over the case; and
[(c)] (iii) accepted for investigation by a child protection team, as applicable.

[(13)] (m) [(a)] (i) "Person responsible for the child's care" means the child's parent, guardian, or other person responsible for the child's care.
[(b)] (ii) "Person responsible for the child's care" includes a person responsible for the child's care in the same home as the child, a relative's home, a group, family, or day care facility, a foster care home, or a residential institution.

[(14)] (n) "Primary sex characteristic surgical procedure" means the same as that term is defined in Section 58-67-102.
[(15)] (o) "Secondary sex characteristic surgical procedure" means the same as that term is defined in Section 58-67-102.
[(16)] (p) "Shelter care" means the temporary care of a minor in a nonsecure facility.
[(17)] (q) "Sibling" means a child who shares or has shared at least one parent in common either by blood or adoption.
[(18)] (r) "Sibling visitation" means services provided by the division to facilitate the interaction between a child in division custody with the child's sibling.
[(19)] (s) [(a)] (i) "Subject of the report" means a person reported under Part 6, Child Abuse and Neglect Reports.
[(b)] (ii) "Subject of the report" includes the child who is the alleged victim of the report and the person responsible for the child's care.

[(20)] (t) "Temporary custody" means, with regard to the division, the custody of a child from the day on which the shelter hearing described in Section 80-3-301 is held until the day on which the juvenile court enters a disposition under Section 80-3-405.
[(21)] (u) "Transportation services" means travel assistance given to an individual with escort service, if necessary, to and from community facilities and resources as part of a service plan.

(2) A determination of a minor's best interest under this chapter shall be made in accordance with Sections 80-2a-201, 80-4-104, and any other section of this title consistent with those sections.

Section 12. Section 80-2a-101 is amended to read:
80-2a-101. Definitions.
(1) "Custody" means the same as that term is defined in Section 80-2-102.
(2) "Division" means the Division of Child and Family Services created in Section 80-2-201.
(3) "Friend" means an adult who: (a) has an established relationship with the child or a family member of the child; and
(b) is not the parent of the child.

(4) "Nonrelative" means an individual who is not a noncustodial parent or relative.
(5) "Relative" means an adult who: (a) is the child's grandparent, great grandparent, aunt, great aunt, uncle, great uncle, brother-in-law, sister-in-law, stepparent, first cousin, stepsibling, or sibling;
(b) is the first cousin of the child's parent;
(c) is a permanent guardian or parent of the child's sibling; or
(d) in the case of a child who is an Indian child, is an extended family member as defined in the Indian Child Welfare Act, 25 U.S.C. Sec. 1903.

(6) "Sibling" means the same as that term is defined in Section 80-2-102.
(7) "Temporary custody" means the same as that term is defined in Section 80-2-102.
(8) A determination of a minor's best interest under this chapter shall be made in accordance with Sections 80-2a-201, 80-4-104, and any other section of this title consistent with those sections.

Section 13. Section 80-3-102 is amended to read:
80-3-102. Definitions.
(1) As used in this chapter: [(1)] (a) "Abuse, neglect, or dependency petition" means a petition filed in accordance with this chapter to commence proceedings in a juvenile court alleging that a child is: [(a)] (i) abused;
[(b)] (ii) neglected; or
[(c)] (iii) dependent.

[(2)] (b) "Custody" means the same as that term is defined in Section 80-2-102.
[(3)] (c) "Division" means the Division of Child and Family Services created in Section 80-2-201.
[(4)] (d) "Friend" means an adult who: [(a)] (i) has an established relationship with the child or a family member of the child; and
[(b)] (ii) is not the parent of the child.

[(5)] (e) "Immediate family member" means a spouse, child, parent, sibling, grandparent, or grandchild.
[(6)] (f) "Relative" means an adult who: [(a)] (i) is the child's grandparent, great grandparent, aunt, great aunt, uncle, great uncle, brother-in-law, sister-in-law, stepparent, first cousin, stepsibling, or sibling;
[(b)] (ii) is a first cousin of the child's parent;
[(c)] (iii) is a permanent guardian or parent of the child's sibling; or
[(d)] (iv) in the case of a child who is an Indian child, is an extended family member as defined in the Indian Child Welfare Act, 25 U.S.C. Sec. 1903.

[(7)] (g) "Sibling" means the same as that term is defined in Section 80-2-102.
[(8)] (h) "Sibling visitation" means the same as that term is defined in Section 80-2-102.
[(9)] (i) "Temporary custody" means the same as that term is defined in Section 80-2-102.

(2) A determination of a minor's best interest under this chapter shall be made in accordance with Sections 80-2a-201, 80-4-104, and any other section of this title consistent with those sections.

Section 14. Section 80-3-104 is amended to read:
80-3-104. Individuals entitled to be present at proceedings -- Legal representation -- Attorney general responsibilities.
(1) (a) A minor who is the subject of a juvenile court hearing, any person entitled to notice under Section 80-3-201 or 80-3-301, preadoptive parents, foster parents, and any relative providing care for the minor, are: (i) entitled to notice of, and to be present at, each hearing and proceeding held under this chapter, including administrative reviews; and
(ii) have a right to be heard at each hearing and proceeding described in Subsection (1)(a)(i).

(b) A child's right to be present at a hearing under Subsection (1)(a) is subject to the discretion of the guardian ad litem appointed under Subsection (3) or the juvenile court regarding any possible detriment to the child.

(2) (a) The parent or guardian of a minor who is the subject of an abuse, neglect, or dependency petition has the right to be represented by counsel, and to present evidence, at each hearing.
(b) If a parent or guardian is the subject of an abuse, neglect, or dependency petition, the juvenile court shall: (i) appoint an indigent defense service provider for a parent or guardian determined to be an indigent individual in accordance with Title 78B, Chapter 22, Part 2, Appointment of Counsel; and
(ii) order indigent defense services for the parent or guardian who is determined to be an indigent individual in accordance with Title 78B, Chapter 22, Part 2, Appointment of Counsel.

(3) (a) In an abuse, neglect, or dependency proceeding under this chapter, the juvenile court shall order that the child be represented by an attorney guardian ad litem, in accordance with Section 78A-2-803.
(b) A guardian ad litem appointed under Subsection (3)(a) shall represent the best interest of the minor, in accordance with the requirements of Section 78A-2-803: (i) at the shelter hearing and at all subsequent court and administrative proceedings, including any proceeding for termination of parental rights in accordance with Chapter 4, Termination and Restoration of Parental Rights; and
(ii) in other actions initiated under this chapter when appointed by the court under Section 78A-2-803 or as otherwise provided by law.

(4) Subject to Section 67-5-17 and the attorney general's prosecutorial discretion in civil enforcement actions, the attorney general shall, in accordance with Section 80-2-303, enforce this chapter, Chapter 2, Child Welfare Services, and Chapter 2a, Removal and Protective Custody of a Child, relating to protection or custody of an abused, neglected, or dependent minor and the termination of parental rights.
(5) (a) The juvenile court shall admit any individual to a hearing under this chapter, including a hearing under Section 80-3-205, unless the juvenile court makes a finding upon the record that the individual's presence at the hearing would: (i) be detrimental to the best interest of a minor who is a party to the proceeding;
(ii) impair the fact-finding process; or
(iii) be otherwise contrary to the interests of justice.

(b) The juvenile court may exclude an individual from a hearing under Subsection (5)(a) on the juvenile court's own motion or by motion of a party to the proceeding.

(6) A determination of a minor's best interest under this chapter shall be made in accordance with Sections 80-2a-201, 80-4-104, and any other section of this title consistent with those sections.

Section 15. Section 80-4-102 is amended to read:
80-4-102. Definitions.
(1) As used in this chapter: [(1)] (a) "Division" means the Division of Child and Family Services created in Section 80-2-201.
[(2)] (b) "Failure of parental adjustment" means that a parent or parents are unable or unwilling within a reasonable time to substantially correct the circumstances, conduct, or conditions that led to placement of their child outside of their home, notwithstanding reasonable and appropriate efforts made by the division to return the child to the home.
[(3)] (c) "Former parent" means an individual whose legal parental rights were terminated under this chapter.
[(4)] (d) "Petition to restore parental rights" means a petition filed in accordance with this chapter to restore the rights of a parent with regard to a child.
[(5)] (e) "Petition for termination of parental rights" means a petition filed in accordance with this chapter to terminate the parental rights of a parent.
[(6)] (f) "Temporary custody" means the same as that term is defined in Section 80-2-102.

(2) A determination of a minor's best interest under this chapter shall be made in accordance with Sections 80-2a-201, 80-4-104, and any other section of this title consistent with those sections.

Section 16. Section 81-13-202 is amended to read:
81-13-202. Legislative findings -- Best interest of the minor child -- Interests of each party.
(1) (a) In every adoption of a minor child that, the best interest of the minor child should govern and be of foremost concern in a court's determination.
(b) A determination of a minor child's best interest shall be made in accordance with Sections 80-2a-201, 80-4-104, and any other section of this title consistent with those sections.

(2) The court shall make a specific finding regarding the best interest of the minor child, taking into consideration information provided to the court [pursuant to] in accordance with the requirements of this chapter relating to the health, safety, and welfare of the minor child and the moral climate of the potential adoptive placement.
(3) The Legislature finds that the rights and interests of all parties affected by an adoption proceeding [must] shall be considered and balanced in determining what constitutional protections and processes are necessary and appropriate.
(4) (a) The Legislature specifically finds that it is not in a minor child's best interest to be adopted by a person or persons who are cohabiting in a relationship that is not a legally valid and binding marriage under the laws of this state.
(b) Nothing in this section limits or prohibits the court's placement of a minor child with a single adult who is not cohabiting or a person who is a relative of the minor child or a recognized placement under the Indian Child Welfare Act, 25 U.S.C. Sec. 1901 et seq.

(5) The Legislature also finds that: (a) the state has a compelling interest in providing a stable and permanent home for a child adoptee in a prompt manner, in preventing the disruption of an adoptive placement, and in holding parents accountable for meeting the needs of a child adoptee;
(b) an unmarried birth mother, faced with the responsibility of making crucial decisions about the future of a newborn child, is entitled to privacy, and has the right to make timely and appropriate decisions regarding her future and the future of the newborn child, and is entitled to assurance regarding the permanence of an adoptive placement;
(c) a child adoptee has a right to permanence and stability in an adoptive placement;
(d) adoptive parents have a constitutionally protected liberty and privacy interest in retaining custody of a child adoptee;
(e) an unmarried biological father has an inchoate interest that acquires constitutional protection only when the unmarried biological father demonstrates a timely and full commitment to the responsibilities of parenthood, both during pregnancy and upon the child adoptee's birth; and
(f) the state has a compelling interest in requiring an unmarried biological father to demonstrate commitment by providing appropriate medical care and financial support and by establishing legal parentage in accordance with the requirements of this chapter.

(6) (a) In enacting this chapter, the Legislature has prescribed the conditions for determining whether an unmarried biological father's action is sufficiently prompt and substantial to require constitutional protection.
(b) If an unmarried biological father fails to grasp the opportunities to establish a relationship with the child adoptee that are available to the unmarried biological father, the unmarried biological father's parental interest may be lost entirely, or greatly diminished in constitutional significance by the unmarried biological father's failure to timely exercise the unmarried biological father's parental interest, or by the unmarried biological father's failure to strictly comply with the available legal steps to substantiate the parental interest.
(c) (i) A certain degree of finality is necessary in order to facilitate the state's compelling interest.
(ii) The Legislature finds that the interests of the state, the birth mother, the child adoptee, and the adoptive parents described in this section outweigh the interest of an unmarried biological father who does not timely grasp the opportunity to establish and demonstrate a relationship with the child adoptee in accordance with the requirements of this chapter.

(d) (i) The Legislature finds no practical way to remove all risk of fraud or misrepresentation in adoption proceedings, and has provided a method for absolute protection of an unmarried biological father's rights by compliance with the provisions of this chapter.
(ii) In balancing the rights and interests of the state, and of all parties affected by fraud, specifically the child adoptee, the adoptive parents, and the unmarried biological father, the Legislature has determined that the unmarried biological father is in the best position to prevent or ameliorate the effects of fraud and that, therefore, the burden of fraud shall be borne by the unmarried biological father.

(e) An unmarried biological father has the primary responsibility to protect the unmarried biological father's rights.
(f) An unmarried biological father is presumed to know that the child adoptee may be adopted without the unmarried biological father's consent unless the unmarried biological father strictly complies with the provisions of this chapter, manifests a prompt and full commitment to the unmarried biological father's parental responsibilities, and establishes paternity.

(7) The Legislature finds that an unmarried birth mother has: (a) a right of privacy with regard to the unmarried birth mother's pregnancy and adoption plan;
(b) no legal obligation to disclose the identity of an unmarried biological father before or during an adoption proceeding; and
(c) no obligation to volunteer information to the court with respect to the father.

Section 17. Effective Date.
This bill takes effect on May 6, 2026.

3-6-26 11:27 AM