UtahS.B. 1412026 General SessionSenate

Child Welfare Amendments

Sponsored By: Wayne A. Harper (Republican)

Signed by Governor

Health InsuranceAdoptionFoster CareHealth and Human ServicesDivision of Child and Family ServicesChild WelfareDepartment of Health and Human Services

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 1 benefits, 0 costs, 3 mixed.

Faster shelter hearings and kin placements

Beginning May 6, 2026, the court holds a shelter hearing within 72 hours, not counting weekends or holidays, after: removal, protective custody, an emergency placement, a parent entering a domestic violence shelter at DCFS’s request, or an expedited placement motion. The child may testify unless that harms the child. The court and DCFS place in this order when possible: noncustodial parent, relative, then a friend who is a licensed foster parent. Friend preference ends after 120 days; relatives get a best‑interest presumption for 8 months; a relative first asserting interest after 1 year does not get that presumption. DCFS must visit the home, run required background checks, search its system, and give the court a written report within 14 days when the court orders an investigation. If a placed relative’s background check bars direct access under law, DCFS takes the child back and gives written notice to the court and parties within 3 days, not counting weekends or holidays. More family members count as “relatives,” including grandparents, great‑grandparents, aunts/uncles, siblings, and first‑ to third‑cousins; ICWA extended family also qualifies.

Stronger due process for foster parents

Beginning May 6, 2026, DCFS must give foster families due process before removing a child from their home. This is not required if the child is returned to a parent or guardian, placed at once in an approved adoptive home, placed with a relative who acted within the preference period, or placed under ICWA rules. A foster parent can ask for a pre‑removal review by a neutral fact finder; after 12 months in the home, the review can be before the juvenile court judge. DCFS may not take formal action on a foster parent’s license until required due process and other hearings are finished, and must tell a foster parent the details of any child’s complaint within 30 business days. It is unlawful to act with intent to dodge these protections by moving against the license or removing the child before two years. DCFS cannot remove a child from a relative foster parent based on the caregiver’s age or health unless it meets the proof standard: clear and convincing if moving to a nonrelative; preponderance if moving to another relative.

Broader access and notice in child-welfare cases

Beginning May 6, 2026, lawyers for all parties—and unrepresented parents—can see relevant records kept by DCFS and other public agencies in an abuse, neglect, or dependency case. Some records stay confidential to protect safety, reporter anonymity, and certain interview recordings. DCFS must tell each party when it files a court report or a child and family plan. Licensing investigators may get DCFS abuse or neglect information when needed to investigate licensing violations tied to child abuse or neglect. If the State Board of Education uses such reports on sexual offenses, felony or class A drug offenses, or Title 76, Chapter 5 offenses, it must let the subject respond before a licensure or job decision.

Court-approved postadoption contact agreements

Beginning May 6, 2026, adoptive parents and a birth parent or birth relative can make a postadoption contact agreement. The court must approve it before the adoption is final, find it is in the child’s best interest, get signatures from all parties, and get the child’s approval if age 12 or older. The agreement cannot restrict an adoptive parent’s move, can be changed only with the adoptive parent’s consent, and the adoptive parent’s best‑interest judgment is presumed correct. The court can enforce, modify, or end the agreement.

Sponsors & Cosponsors

Sponsor

Wayne A. Harper
Republican • Senate

Cosponsors

Christine F. Watkins
Republican • House

Roll Call Votes

All Roll Calls

Yes: 136 • No: 0

House vote • 2/19/2026

House/ passed 3rd reading

Yes: 70 • No: 0

House vote • 2/13/2026

House Comm - Favorable Recommendation

Yes: 6 • No: 0

Senate vote • 2/10/2026

Senate/ passed 3rd reading

Yes: 24 • No: 0

Senate vote • 2/9/2026

Senate/ passed 2nd reading

Yes: 25 • No: 0

House vote • 1/26/2026

Senate Comm - Substitute Recommendation

Yes: 5 • No: 0