Utah Code § 53G-9-207 — Utah Code / Title 53G / Chapter 53G-9 / § 53G-9-207
§ 53G-9-207. Child sexual abuse prevention.
Status: in_force

(1) As used in this section: (a) (i) "Age-appropriate instructional material" means materials that provide instruction on: (A) the responsibility of adults for the safety of children; (B) how to recognize uncomfortable inner feelings; (C) how to say no and leave an uncomfortable situation; (D) how to set clear boundaries; (E) the risks of sharing intimate images or personal information through electronic means; and (F) the importance of discussing uncomfortable situations with parents and other trusted adults. (ii) "Age-appropriate instructional material" does not include materials that: (A) invites a student to share personal experiences about abuse during instruction; (B) gives instruction regarding consent as described in Section 76-5-406; or (C) includes sexually explicit language or depictions. (b) "Alternative provider" means a provider other than the provider selected by the state board under Subsection (8) that provides the training and instruction described in Subsection (4) with instructional materials approved under Subsection (2). (c) "School personnel" means the same as that term is defined in Section 53G-9-203. (d) "Sexual extortion" means a criminal offense described in Section 76-5b-204 or 76-5b-204.1. (2) The state board shall approve, in partnership with the Department of Health and Human Services, age-appropriate instructional materials for the training and instruction described in Subsections (3)(a) and (4). (3) (a) An LEA shall provide, once every three years, training and instruction on child sexual abuse and human trafficking prevention and awareness to: (i) school personnel in elementary and secondary schools on: (A) responding to a disclosure of child sexual abuse in a supportive, appropriate manner; (B) identifying children who are victims or may be at risk of becoming victims of human trafficking or commercial sexual exploitation; (C) the mandatory reporting requirements described in Sections 53E-6-701 and 80-2-602; and (D) appropriate responses to incidents of sexual extortion, including connecting victims with support services; and (ii) parents of elementary school students on: (A) recognizing warning signs of a child who is being sexually abused or who is a victim or may be at risk of becoming a victim of human trafficking or commercial sexual exploitation; (B) effective, age-appropriate methods for discussing the topic of child sexual abuse with a child; and (C) resources available for victims of sexual extortion. (b) An LEA: (i) shall use the instructional materials approved by the state board under Subsection (2) to provide the training and instruction under Subsections (3)(a) and (4); or (ii) may use instructional materials the LEA creates to provide the instruction and training described in Subsections (3)(a) and (4), if the LEA's instructional materials are approved by the state board under Subsection (2). (4) (a) In accordance with Subsections (4)(b) and (5), an LEA may provide instruction on child sexual abuse and human trafficking prevention and awareness to elementary school students using age-appropriate curriculum. (b) An LEA that provides the instruction described in Subsection (4)(a) shall use the instructional materials approved by the state board under Subsection (2) to provide the instruction. (5) (a) An elementary school student may not be given the instruction described in Subsection (4) unless the parent of the student is: (i) notified in advance of the: (A) instruction and the content of the instruction; and (B) parent's right to have the student excused from the instruction; (ii) given an opportunity to review the instructional materials before the instruction occurs; and (iii) allowed to be present when the instruction is delivered. (b) Upon the written request of the parent of an elementary school student, the student shall be excused from the instruction described in Subsection (4). (c) Participation of a student requires compliance with Sections 53E-9-202 and 53E-9-203. (6) An LEA may determine the mode of delivery for the training and instruction described in Subsections (3) and (4). (7) Upon request of the state board, an LEA shall provide evidence of compliance with this section. (8) The state board shall select a provider to provide the training and instruction described in Subsection (4), including requiring the provider selected to: (a) engage in outreach efforts to support more schools to participate in the training and instruction; (b) provide materials for the instruction involving students in accordance with Subsection (4); (c) provide an outline of how many LEAs, schools, and students the provider could service; and (d) submit a report to the state board that includes: (i) information on the LEAs the provider engaged with in the outreach efforts, including: (A) how many schools within an LEA increased instructional offerings for training and instruction; and (B) the reasons why an LEA chose to participate or not in the offered training or instruction; (ii) the number of schools and students that received the training and instruction; (iii) budgetary information regarding how the provider utilized any funds the state board allocated; and (iv) additional information the state board requests. (9) Subject to legislative appropriation, there is created a grant program to support an LEA that chooses to use an alternative provider other than the provider selected by the state board under Subsection (8) to provide the training and instruction described in Subsection (4). (10) The state board shall: (a) establish a process to select alternative providers for an LEA to use, including: (i) an application process for a provider to become an alternative provider; (ii) required criteria for a provider to become an alternative provider; and (iii) relevant timelines; (b) create a process for an LEA to receive a grant award described in Subsection (9), including: (i) an application process; (ii) relevant timelines; and (iii) a scoring rubric and corresponding formula for determining a grant amount; and (c) make grant awards on a first come first served basis until the state board distributes all appropriated funds. (11) An LEA that receives a grant award described in Subsection (10)(b) shall: (a) use the grant award to cover the costs needed for implementation of the training or instruction described in Subsection (4); and (b) upon request of the state board, provide an itemized list of the uses of the grant award.