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S.B. 39
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EXPEDITED VISITATION ENFORCEMENT
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PROGRAM
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Millie M. Peterson
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AN ACT RELATING TO HUSBAND AND WIFE; EXTENDING THE PILOT PROGRAM FOR
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EXPEDITED VISITATION ENFORCEMENT TO 2003; LIMITING THE DIVISION OF COSTS
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FOR MEDIATION TO THE INITIAL MEDIATION; AND PROVIDING FOR REPORTS TO
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THE JUDICIARY INTERIM COMMITTEE UPON REQUEST.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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30-3-38, as last amended by Chapters 235 and 329, Laws of Utah 1997
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
30-3-38
is amended to read:
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30-3-38. Pilot Program for Expedited Visitation Enforcement.
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(1) There is established an Expedited Visitation Enforcement Pilot Program in the third
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judicial district to be administered by the Administrative Office of the Courts from July 1, 1996,
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to July 1, [2000] 2003.
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(2) As used in this section:
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(a) "Mediator" means a person who:
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(i) is qualified to mediate visitation disputes under criteria established by the
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Administrative Office of the Courts; and
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(ii) agrees to follow billing guidelines established by the Administrative Office of the
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Courts and this section.
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(b) "Services to facilitate visitation" or "services" means services designed to assist
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families in resolving visitation problems through:
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(i) counseling;
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(ii) supervised visitation;
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(iii) neutral drop-off and pick-up;
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(iv) educational classes; and
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(v) other related activities.
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(3) (a) Under this pilot program, if a parent files a motion in the third district court alleging
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that court-ordered visitation rights are being violated, the clerk of the court, after assigning the case
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to a judge, shall refer the case to the administrator of this pilot program for assignment to a
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mediator.
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(b) Upon receipt of a case, the mediator shall:
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(i) meet with the parents to address visitation issues within 15 days of the motion being
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filed;
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(ii) assess the situation;
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(iii) facilitate an agreement on visitation between the parents; and
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(iv) determine whether a referral to a service provider under Subsection (3)(c) is
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warranted.
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(c) While a case is in mediation, a mediator may refer the parents to a service provider
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designated by the Department of Human Services for services to facilitate visitation if:
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(i) the services may be of significant benefit to the parents; or
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(ii) (A) a mediated agreement between the parents is unlikely; and
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(B) the services may facilitate an agreement.
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(d) At anytime during mediation, a mediator shall terminate mediation and transfer the
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case to the administrator of the pilot program for referral to the judge S
OR COURT COMMISSIONER
s to
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whom the case was
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assigned under Subsection (2) if:
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(i) a written agreement between the parents is reached; or
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(ii) the parents are unable to reach an agreement through mediation; and
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(A) the parents have received services to facilitate visitation;
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(B) both parents object to receiving services to facilitate visitation; or
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(C) the parents are unlikely to benefit from receiving services to facilitate visitation.
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(e) Upon receiving a case from the administrator of the pilot program, a judge S
OR COURT
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COMMISSIONER
s may:
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(i) review the agreement of the parents and, if acceptable, sign it as an order;
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(ii) order the parents to receive services to facilitate visitation;
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(iii) proceed with the case; or
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(iv) take other appropriate action.
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(4) (a) If a parent makes a particularized allegation of physical or sexual abuse of a child
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who is the subject of a visitation order against the other parent or a member of the other parent's
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household to a mediator or service provider, the mediator or service provider shall immediately
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report that information to:
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(i) the judge assigned to the case who may immediately issue orders and take other
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appropriate action to resolve the allegation and protect the child; and
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(ii) the Division of Family Services within the Department of Human Services in the
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manner required by Title 62A, Chapter 4a, Part 4, Child Abuse or Neglect Reporting
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Requirements.
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(b) If an allegation under Subsection (4)(a) is made against a parent with visitation rights
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or a member of that parent's household, visitation by that parent shall S
, PURSUANT TO AN ORDER
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OF THE COURT,
s be supervised until:
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(i) the allegation has been resolved; or
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(ii) a court orders otherwise.
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(c) Notwithstanding an allegation under Subsection (4)(a), a mediator may continue to
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mediate visitation problems and a service provider may continue to provide services to facilitate
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visitation unless otherwise ordered by a court.
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(5) (a) The Department of Human Services may contract with one or more entities in
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accordance with Title 63, Chapter 56, Utah Procurement Code, to provide:
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(i) services to facilitate visitation;
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(ii) case management services; and
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(iii) administrative services.
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(b) An entity who contracts with the Department of Human Services under Subsection
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(5)(a) shall:
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(i) be qualified to provide one or more of the services listed in Subsection (5)(a); and
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(ii) agree to follow billing guidelines established by the Department of Human Services
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and this section.
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(6) (a) Except as provided in Subsection (6)(b), the cost of S [
the initial
] s mediation [and the
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cost of services to facilitate visitation] shall be:
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(i) reduced to a sum certain;
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(ii) divided equally between the parents; and
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(iii) charged against each parent taking into account the ability of that parent to pay under
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billing guidelines adopted in accordance with this section.
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(b) (i) A judge may order a parent to pay an amount in excess of that provided for in
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Subsection (6)(a) if the parent:
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(A) failed to participate in good faith in mediation or services to facilitate visitation; or
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(B) made an unfounded assertion or claim of physical or sexual abuse of a child.
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(c) (i) The cost of mediation and services to facilitate visitation may be charged to parents
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at periodic intervals.
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(ii) Mediation and services to facilitate visitation may only be terminated on the ground
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of nonpayment if both parents are delinquent.
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(7) If a parent fails to cooperate in good faith in mediation or services to facilitate
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visitation, a court may order, in subsequent proceedings, a temporary change in custody or
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visitation.
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(8) (a) The Judicial Council may make rules to implement and administer the provisions
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of this pilot program related to mediation.
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(b) The Department of Human Services may make rules to implement and administer the
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provisions of this pilot program related to services to facilitate visitation.
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(9) (a) The Administrative Office of the Courts shall adopt outcome measures to evaluate
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the effectiveness of the mediation component of this pilot program. Progress reports shall be
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provided to the Judiciary Interim Committee [by August 1998 and] as requested [thereafter] by the
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committee. At least once during this pilot program, the Administrative Office of the Courts shall
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present to the committee the results of a survey that measures the effectiveness of the program in
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terms of increased compliance with visitation orders and the responses of interested persons.
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(b) The Department of Human Services shall adopt outcome measures to evaluate the
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effectiveness of the services component of this pilot program. Progress reports shall be provided
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to the Judiciary Interim Committee [by August 1998 and] as requested [thereafter] by the
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committee.
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(c) The Administrative Office of the Courts and the Department of Human Services may
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adopt joint outcome measures and file joint reports to satisfy the requirements of Subsections 8(a)
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and (b).
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(10) S [
[
] (a) [
]
] s The Department of Human Services shall apply for federal funds
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[designated for
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visitation, if such funds are] as available.
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S [ [ ] (b) This pilot program shall be funded through funds received under Subsection (a) [ ] ]
.
s [,the
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Children's Legal Defense Account as established in Section
63-63a-8
, or other available funding.
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Without funding, the pilot program may not proceed.
]
Legislative Review Note
as of 12-28-99 8:26 AM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.