UtahS.B. 1772025 General SessionSenate

Child Welfare Amendments

Sponsored By: Wayne A. Harper (Republican)

Signed by Governor

JuvenilesAbuse, Neglect, or DependencyChild Custody/Parent TimeFamilyFoster CareHealth and Human ServicesDivision of Child and Family ServicesChild WelfareJudicial OperationsAdministrative RulemakingAdministrative Rulemaking and ProceduresDriver LicenseMotor VehiclesTransportationDepartment of Health and Human ServicesOffice of Licensing and Background ChecksNew Rulemaking Authority

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Bill Overview

Analyzed Economic Effects

9 provisions identified: 3 benefits, 0 costs, 6 mixed.

More screening records, tighter privacy for workers

Child services must promptly enter covered juvenile-court findings into both the Licensing Information System and Management Information System. Added court records can inform department background checks, direct patient access certification, and decisions to grant, deny, or revoke emergency medical clearance. The department can use the added findings to check or inform covered licensees, workers, and attendants. It must set rules for when people with listed or substantiated findings can serve or have direct access to children. Beginning May 7, 2025, substantiation court findings and appeal records are limited to people authorized to access the licensing system for listed legal purposes.

Parents face revised family reunification rules

A presumption against reunification services applies when a parent subjected a child to severe abuse or neglect, torture, or human trafficking. It also applies when the parent's rights to another child were involuntarily terminated. The court must establish these circumstances by clear and convincing evidence; services are not automatically denied. For a prior voluntary termination, the court must consider the circumstances rather than treat it as an automatic bar. These rules do not themselves end parental rights in the current case.

Thirty days to challenge severe abuse findings

After receiving notice of a supported severe abuse or neglect finding, a person has 30 days to respond. They can request division review, petition juvenile court, or consent to the finding and its licensing-system entry. A parent or guardian must consent for a child. The court petition route is barred after 30 days or by a conviction, specified adjudication, or guilty or no-contest plea concerning the incident; this includes a guilty plea with a mental condition. The division keeps the record if no required action is taken within 30 days after notice is served, replacing one year. It removes records after an unsubstantiated or without-merit court finding or reversal of a substantiated finding, and restores records if the court action supporting removal is reversed.

Courts must hear family separation harms

At shelter hearings, juvenile courts must hear relevant evidence about harm from separating a child from a parent or guardian. This includes harm already suffered and harm that continued separation may cause. The child, parent, guardian, requesting party, or requesting party's lawyer can present the evidence. The requirement does not decide the hearing's outcome.

Easier license addresses for youth in custody

Utah's Driver License Division must set rules allowing applicants in state custody to use a local child services office address. Child services must verify that the applicant is in the state's legal custody. The rules must also allow acceptable custody papers for license residency and address checks.

Review options for older abuse records

People listed in the Licensing Information System before May 6, 2002, can request review and removal in writing. Within 30 days, the division must assess whether the incident qualifies as severe abuse, chronic abuse, or chronic neglect. It must remove names for incidents that do not qualify; otherwise, it must decide whether to seek court substantiation. A person can also petition for an unsubstantiated or without-merit finding. That petition route is barred by a conviction, specified adjudication, guilty plea, guilty plea with a mental condition, or no-contest plea concerning the incident.

Abuse challenges can pause during investigations

An administrative challenge to a supported abuse, neglect, or dependency finding can pause during a related court case or active criminal investigation. Beginning May 7, 2025, proceedings on substantiation petitions can also pause for those reasons. The related case or investigation must concern the same matter. These pauses are allowed, not required, and the substantiation rule sets no fixed length.

New filing deadlines for abuse cases

The division can file a substantiation petition within 30 days after a supported severe abuse or neglect finding, replacing one year. Filing remains optional when the division considers it advisable. Beginning May 7, 2025, individuals, as well as the division, can file petitions under the listed substantiation laws. For the separate process under Section 80-2-1004, the division has 30 days after deciding to file, replacing 14 days. These deadlines start from different events.

New sexual abuse rules between children

The law changes how sexual conduct between children counts as abuse in child-welfare cases. An act or attempted act qualifies when it constitutes unlawful sexual activity under Utah Code Section 76-5-401.3. Repeated sexual contact or an age gap of four years or more no longer separately qualifies under this definition.

Sponsors & Cosponsors

Sponsor

  • Wayne A. Harper

    Republican • Senate

Cosponsors

  • Christine F. Watkins

    Republican • House

Roll Call Votes

All Roll Calls

Yes: 176 • No: 0

Senate vote • 2/27/2025

Senate/ concurs with House amendment

Yes: 27 • No: 0

House vote • 2/26/2025

House/ passed 3rd reading

Yes: 66 • No: 0

House vote • 2/24/2025

House Comm - Consent Calendar Recommendation

Yes: 9 • No: 0

House vote • 2/24/2025

House Comm - Favorable Recommendation

Yes: 9 • No: 0

House vote • 2/24/2025

House Comm - Amendment Recommendation

Yes: 9 • No: 0

Senate vote • 2/12/2025

Senate/ passed 3rd reading

Yes: 26 • No: 0

Senate vote • 2/11/2025

Senate/ uncircled

Yes: 0 • No: 0

Senate vote • 2/11/2025

Senate/ passed 2nd reading

Yes: 22 • No: 0

Senate vote • 2/10/2025

Senate/ circled

Yes: 0 • No: 0

Senate vote • 1/30/2025

Senate Comm - Favorable Recommendation

Yes: 4 • No: 0

Senate vote • 1/30/2025

Senate Comm - Substitute Recommendation

Yes: 4 • No: 0

Senate vote • Unknown

Senate/ uncircled

Yes: 0 • No: 0

Senate vote • Unknown

Senate/ circled

Yes: 0 • No: 0

Actions Timeline

  1. Governor Signed

    3/26/2025
  2. Senate/ to Governor

    3/13/2025Senate
  3. Senate/ received enrolled bill from Printing

    3/13/2025Senate
  4. Senate/ enrolled bill to Printing

    3/7/2025Senate
  5. Enrolled Bill Returned to House or Senate

    3/7/2025
  6. Draft of Enrolled Bill Prepared

    3/3/2025
  7. Bill Received from Senate for Enrolling

    3/3/2025
  8. Senate/ signed by President/ sent for enrolling

    2/27/2025Senate
  9. Senate/ received from House

    2/27/2025Senate
  10. House/ to Senate

    2/27/2025House
  11. House/ signed by Speaker/ returned to Senate

    2/27/2025House
  12. House/ received from Senate

    2/27/2025House
  13. Senate/ to House

    2/27/2025Senate
  14. Senate/ concurs with House amendment

    2/27/2025Senate
  15. Senate/ placed on Concurrence Calendar

    2/26/2025Senate
  16. Senate/ received from House

    2/26/2025Senate
  17. House/ to Senate

    2/26/2025House
  18. House/ passed 3rd reading

    2/26/2025House
  19. House/ 3rd reading

    2/26/2025House
  20. House/ 2nd reading

    2/24/2025House
  21. House/ comm rpt/ amended/ placed on Consent Cal

    2/24/2025House
  22. House Comm - Consent Calendar Recommendation

    2/24/2025House
  23. House Comm - Favorable Recommendation

    2/24/2025House
  24. House Comm - Amendment Recommendation

    2/24/2025House
  25. House/ to standing committee

    2/20/2025House

Bill Text

  • Enrolled

    3/7/2025

  • Amended 2/24/2025 11:02:622

    2/24/2025

  • Substitute #2

    2/13/2025

  • Substitute #1

    1/29/2025

  • Introduced

    1/27/2025

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