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Posted by eric_k_johnson on June 2, 2012


HB 161 Second Substitute Bolsters Protection of Parental Rights

HB 161 Second Substitute, which passed the legislature and which Governor Herbert signed into law, modifies Title 62A, Chapter 4a, Child and Family Services and Title 78A, Chapter 6, Juvenile Court Act of 1996, by affirming parental rights, amending procedures regarding the Division of Child and Family Services, and amending court procedures regarding the termination of parental rights.

Highlighted Provisions:

This bill:

  • requires the Judiciary, Law Enforcement, and Criminal Justice Interim Committee to study issues regarding the rights of parents and children during the 2012 interim and report findings in the 2013 General Session;
  • affirms parental rights in relation to the rights of the state;
  • requires the court to consider the protections of parental rights before terminating parental rights;
  • emphasizes the importance of in-home services and kinship placement over other forms of state intervention;
  • states that the termination of parental rights should be pursued as a last resort only;
  • requires an appellate court to consider “fundamental liberty interests” in an appeal of a termination of parental rights;
  • makes technical changes.

Utah Code Sections Affected:

AMENDS:

62A-4a-201, as last amended by Laws of Utah 2008, Chapters 3 and 299

78A-6-503, as renumbered and amended by Laws of Utah 2008, Chapter 3

78A-6-507, as renumbered and amended by Laws of Utah 2008, Chapter 3

78B-6-132, as renumbered and amended by Laws of Utah 2008, Chapter 3

ENACTS:

62A-4a-122, Utah Code Annotated 1953

63I-2-262, Utah Code Annotated 1953

78A-4-201, Utah Code Annotated 1953

 

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