S.B.
223
CHILD PROTECTION AMENDMENTS
House Floor
Amendments
Amendment 6 February 25, 2000 12:21 PM
Representative Throckmorton
proposes the following amendments:
1. Page 1, Line 11: After "PROVISIONS;" insert "MODIFYING THE ROLE OF THE ATTORNEY GENERAL IN ENFORCING CHILD ABUSE AND
NEGLECT STATUTES;"
2. Page 1, Line 13: After line 13 insert: " 62A-4a-113, as last amended by Chapter 274, Laws of Utah 1998"
3. Page 1, Line 19: After line 19 insert:
"Section 1. Section 62A-4a-113 is amended to read:
62A-4a-113.
Division's enforcement authority -- Responsibility of attorney general to represent division.
(1)
The division shall take legal action that is necessary to enforce
the provisions of this chapter.
(2)
(a)
The attorney general shall
[
enforce all
]
represent the division in enforcing the
provisions of this chapter, in addition to the requirements of Title 78, Chapter 3a, relating to protection and
custody of abused, neglected, or dependent children. The attorney
general may contract with the local county attorney to enforce the
provisions of this chapter and Title 78, Chapter 3a.
(b)
It is the responsibility of the attorney general's office to:
(i)
advise the division regarding decisions to remove a child from
his home;
(ii)
represent the division in all court and administrative
proceedings related to child abuse, neglect, and dependency
including, but not limited to, shelter hearings, dispositional
hearings, dispositional review hearings, periodic review hearings,
and petitions for termination of parental rights; and
(iii)
be available to and advise caseworkers on an ongoing basis.
(c)
The attorney general shall designate no less than 16 full-time
attorneys to advise and represent the division in abuse, neglect, and
dependency proceedings, including petitions for termination of
parental rights. Those attorneys shall devote their full time and
attention to that representation and, insofar as it is practicable, shall
be housed in or near various offices of the division statewide.
(3)
As of July 1, 1998, the attorney general's office shall represent
the division with regard to actions involving minors who have not
been adjudicated as abused or neglected, but who are otherwise
committed to the custody of the division by the juvenile court, and
who are classified in the division's management information
system as having been placed in custody primarily on the basis of
delinquent behavior or a status offense. Nothing in this section
may be construed to affect the responsibility of the county attorney
or district attorney to represent the state in those matters, in
accordance with Section
78-3a-116
."
Renumber remaining sections accordingly.