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H.B. 197
This document includes House Committee Amendments incorporated into the bill on Fri,
Jan 23, 2004 at 3:40 PM by kholt. -->
This document includes House Committee Amendments (CORRECTED) incorporated
into the bill on Tue, Jan 27, 2004 at 10:25 AM by kholt. -->
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LIMIT ON CHILD WELFARE
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RECOMMENDATIONS AND RULINGS
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2004 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Mike Thompson
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LONG TITLE
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General Description:
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This bill amends the Administrative Procedures Act and the Judicial Code.
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Highlighted Provisions:
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This bill:
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. limits factors that may be considered when an agency or court recommends or rules
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on the custody, placement, or other disposition alternative of a minor, or the
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termination of parental rights.
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Monies Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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ENACTS:
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63-46b-2.1, Utah Code Annotated 1953
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78-7-46, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
63-46b-2.1
is enacted to read:
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63-46b-2.1. Bases for certain recommendations and decisions limited.
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(1) Except as provided in Subsection (2), no agency may recommend or rule on the
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custody, placement, including foster placement, or other disposition alternative for a minor, or
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the termination of parental rights, based on the fact that a parent or guardian of the minor
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lawfully does one or more of the following:
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(a) legally possesses or uses a firearm or other weapon;
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(b) espouses particular religious beliefs h [
or engages in particular religious practices
] h ; or
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(c) schools the minor or other minors outside the public education system or is
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otherwise sympathetic to schooling a minor outside the public education system.
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(2) Subsection (1) does not prohibit a recommendation or ruling based on the
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compatibility of a minor with a particular custody, placement, or other disposition alternative
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as determined by the presence of any of the factors in Subsections (1)(a) through (1)(c).
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Section 2.
Section
78-7-46
is enacted to read:
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78-7-46. Bases for certain decisions limited.
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(1) Except as provided in Subsection (2), no court may rule on the custody, placement,
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including foster placement, or other disposition alternative for a minor, or the termination of
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parental rights, based on the fact that a parent or guardian of the minor lawfully does one or
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more of the following:
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(a) legally possesses or uses a firearm or other weapon;
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(b) espouses particular religious beliefs h [
or engages in particular religious practices
] h ; or
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(c) schools the minor or other minors outside the public education system or is
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otherwise sympathetic to schooling a minor outside the public education system.
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(2) Subsection (1) does not prohibit a ruling based on the compatibility of a minor with
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a particular custody, placement, or other disposition alternative as determined by the presence
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of any of the factors in Subsections (1)(a) through (1)(c).
Legislative Review Note
as of 12-5-03 9:10 AM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.