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Tag: H.B. 20

H.B. 20 “Parental Rights Amendments”

Today’s blog post treats House Bill 20, one of several proposed family law-related pieces of legislation for the 2024 Utah legislative session.

H.B. 20 is entitled “Parental Rights Amendments”

According the bill’s own “General Description,” this bill:

  • addresses the voluntary relinquishment of parental rights.
  • clarifies the requirements and procedure for an individual to consent to the termination of parental rights or voluntarily relinquish parental rights.

Utah Code Sections Affected (if passed): It would amend Utah Code § 80-4-307

Here is the proposed text:

24          80-4-307. Voluntary relinquishment — Irrevocable.
25          (1) The individual consenting to termination of parental rights or voluntarily

26     relinquishing parental rights shall sign [or confirm] the consent or relinquishment, or confirm a
27     consent or relinquishment previously signed by the individual, under oath before:
28          (a) a judge of any court that has jurisdiction over proceedings for termination of
29     parental rights in this state or any other state, or a public officer appointed by that court for the
30     purpose of taking consents or relinquishments; or
31          (b) except as provided in Subsection (2), any person authorized to take consents or
32     relinquishments under Subsections 78B-6-124(1) and (2).
33          (2) Only the juvenile court is authorized to take consents or relinquishments from a
34     parent who has any child who is in the custody of a state agency or who has a child who is
35     otherwise under the jurisdiction of the juvenile court.
36          (3) (a) The court, appointed officer, or other authorized person shall certify to the best
37     of that person’s information and belief that the individual executing the consent or
38     relinquishment, or confirming a consent or relinquishment previously signed by the individual,
39     has read and understands the consent or relinquishment and has signed the consent or
40     relinquishment freely and voluntarily.
41          (b) A consent or relinquishment is not effective until the consent or relinquishment is
42     certified pursuant to Subsection (3)(a).
43          (4) [A voluntary relinquishment or consent for termination of parental rights is
44     effective when the voluntary relinquishment or consent is signed and may not be revoked.A
45     consent or relinquishment that has been certified pursuant to Subsection (3)(a) is effective
46     against the consenting or relinquishing individual and may not be revoked.
47          (5) (a) The requirements and processes described in Section 80-4-104, Sections
48     80-4-301 through 80-4-304, and Part 2, Petition for Termination of Parental Rights, do not
49     apply to a voluntary relinquishment or consent for termination of parental rights.
50          (b) When determining voluntary relinquishment or consent for termination of parental
51     rights, the juvenile court need only find that the relinquishment or termination is in the child’s
52     best interest.
53          (6) (a) There is a presumption that voluntary relinquishment or consent for termination
54     of parental rights is not in the child’s best interest where it appears to the juvenile court that the
55     primary purpose for relinquishment or consent for termination is to avoid a financial support
56     obligation.

57          (b) The presumption described in Subsection (6)(a) may be rebutted if the juvenile
58     court finds the relinquishment or consent to termination of parental rights will facilitate the
59     establishment of stability and permanency for the child.
60          (7) Upon granting a voluntary relinquishment the juvenile court may make orders
61     relating to the child’s care and welfare that the juvenile court considers to be in the child’s best
62     interest.

The main reason for H.B. 20 is the questions that the recent Utah Court of Appeals case of State in Interest of A.G. (2022 UT App 126) raised about it. In that case,

4

Infants

Statute outlining steps for voluntary relinquishment of parental rights requires relinquishing parent to sign a document effectuating the relinquishment and if no such document is signed by the parent, the relinquishment is incomplete and ineffective. Utah Code Ann. § 80-4-307.

The Utah Court of Appeals described the issue this way:

¶1 This case requires us to determine whether, under the language of the governing statute [§ 80-4-307], parents who intend to relinquish their parental rights in connection with a child welfare proceeding may effectuate that relinquishment under oath orally in court, without ever signing anything, or whether they must at some point sign a document effectuating that relinquishment.

¶2 In this case, S.A. (Mother)—while under oath—told the juvenile court that she wanted to relinquish her parental rights to A.G., J.K., and D.K. (collectively, the Children), and that she was doing so knowingly and voluntarily. Relying on those sworn representations, the court accepted Mother’s relinquishment, and later entered an order terminating Mother’s parental rights. But Mother did not sign any document indicating that she was relinquishing her rights, and on that basis she challenged her relinquishment as incomplete and invalid. The juvenile court rejected that challenge, interpreting the governing statute as allowing relinquishment, under certain circumstances, without a signed document from the parent.

¶3 Mother now appeals that determination, asserting that the juvenile court’s interpretation of the governing statute was incorrect. We agree with Mother that the statute requires the relinquishing parent to—at some point—sign a document effectuating the relinquishment. Accordingly, we reverse the termination order and remand this case for further proceedings.

In describing the requirements of § 80-4-307, the court stated:

[T]to summarize, all relinquishments regarding children “in the custody of a state agency” or “under the jurisdiction of the juvenile court” must involve a juvenile court judge. See id. § 80-4-307(2). A parent who is relinquishing rights to any such children must “sign or confirm the consent or relinquishment under oath before” that judge. Id. § 80-4-307(1). The judge, in turn, must “certify to the best of [his or her] information and belief” that the parent who is “executing the consent or relinquishment” understands it and has “signed [it] freely and voluntarily.” Id. § 80-4-307(3). And the relinquishment “is effective when the voluntary relinquishment or consent is signed.” Id. § 80-4-307(4).

In its concluding paragraph, the Utah Court of Appeals stated:

CONCLUSION

¶25 The statute at issue here requires a person relinquishing parental rights to—at some point—sign a document effectuating the relinquishment. Even though Mother appeared in court and, under oath, indicated her willingness to relinquish her parental rights, she never signed a document to that effect. Accordingly, her relinquishment did not become effective, and the juvenile court erred by declining to set aside that nascent relinquishment and by proceeding to terminate her parental rights. We therefore reverse the juvenile court’s termination order and remand the case for further proceedings, which may include a rescheduled termination trial.

H.B. 20 was proposed to prevent future confusion by parents, attorneys, and judges in the future when confronting questions of whether a parent does in fact voluntarily relinquishment of parental rights.

Is H.B.20 a good idea, then? Yes, yes it is.

Utah Family Law, LC | divorceutah.com | 801-466-9277.

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