reglab/statecodes huggingface dataset:
2023 Utah Code › Title 78B - Judicial Code › Chapter 22 - Indigent Defense Act › Part 7 - Indigent Aggravated Murder Defense Fund › Section 704 - Application and qualification for fund money.

Effective 5/3/2023
78B-22-704.
Application and qualification for fund money.
(1) A participating county may apply to the board for benefits from the fund if that county has incurred, or reasonably anticipates incurring, expenses for indigent defense services provided to an indigent individual for an offense involving aggravated murder.
(2) An application may not be made nor benefits provided from the fund for a case filed before September 1, 1998.
(3) Except as provided in Subsection (4), if the application of a participating county is approved by the board, the board shall negotiate, enter into, and administer a contract for the cost of indigent defense services with an attorney or entity appointed to represent the indigent individual.
(4) The board shall pay an indigent defense service provider with a contract under Subsection (3) for indigent defense resources approved by a court under Section 78B-22-705.
(5) A nonparticipating county is responsible for paying for indigent defense services in the nonparticipating county and is not eligible for any legislative relief.
Amended by Chapter 182, 2023 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 22 - Indigent Defense Act › Part 7 - Indigent Aggravated Murder Defense Fund › Section 705 - Extraordinary expense -- Motion.

Effective 5/3/2023
78B-22-705.
Extraordinary expense -- Motion.
(1) If an indigent defense service provider is representing an indigent individual for an offense involving aggravated murder and the indigent defense service provider has a contract with the board under Section 78B-22-704, the indigent defense service provider may file an ex parte motion with the court for an order for the payment of indigent defense resources not covered by the contract between the indigent defense service provider and the board.
(2)
(a) Except as provided in Subsection (2)(b), an indigent defense service provider shall file an ex parte motion under Subsection (1) before the cost for indigent defense resources is incurred.
(b) An indigent defense service provider may file an ex parte motion under Subsection (1) for a cost incurred for indigent defense resources on and after May 14, 2019, but before May 3, 2023.
(3) Upon an ex parte motion under this section, the court shall conduct an in camera review of:
(a) the indigent defense service provider's contract with the board;
(b) the cost, or the anticipated cost, of the indigent defense resources for which the indigent service provider seeks approval; and
(c) any other relevant record.
(4) The court may order the board to pay for indigent defense resources sought by the indigent defense service provider under this section.
Enacted by Chapter 182, 2023 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 22 - Indigent Defense Act › Part 8 - Child Welfare Parental Representation Program › Section 801 - Definitions.

Effective 9/1/2021
78B-22-801.
Definitions.
As used in this part:
(1) "Contracted parental representation attorney" means an attorney who represents an indigent individual who is a parent in a child welfare case under a contract with the office or a contributing county.
(2) "Contributing county" means a county that complies with this part for participation in the fund described in Section 78B-22-804.
(3) "Fund" means the Child Welfare Parental Representation Fund created in Section 78B-22-804.
(4) "Program" means the Child Welfare Parental Representation Program created in Section 78B-22-802.
Amended by Chapter 228, 2021 General Session
Amended by Chapter 262, 2021 General Session
Amended by Chapter 262, 2021 General Session, (Coordination Clause)
2023 Utah Code › Title 78B - Judicial Code › Chapter 22 - Indigent Defense Act › Part 8 - Child Welfare Parental Representation Program › Section 802 - Child Welfare Parental Representation Program -- Creation -- Duties -- Annual report -- Budget.

Effective 5/5/2021
78B-22-802.
Child Welfare Parental Representation Program -- Creation -- Duties -- Annual report -- Budget.
(1) There is created within the office the Child Welfare Parental Representation Program.
(2)
(a) The office shall:
(i) administer and enforce the program in accordance with this part;
(ii) manage the operation and budget of the program;
(iii) develop and provide educational and training programs for contracted parental representation attorneys; and
(iv) provide information and advice to assist a contracted parental representation attorney to comply with the attorney's professional, contractual, and ethical duties.
(b) In administering the program, the office shall contract with:
(i) a person who is qualified to perform the program duties under this section; and
(ii) an attorney, as an independent contractor, in accordance with Section 78B-22-803.
(3)
(a) The executive director shall prepare a budget of:
(i) the administrative expenses for the program; and
(ii) the amount estimated to fund needed contracts and other costs.
(b) On or before October 1 of each year, the executive director shall report to the governor and the Child Welfare Legislative Oversight Panel regarding the preceding fiscal year on the operations, activities, and goals of the program.
Amended by Chapter 228, 2021 General Session
Amended by Chapter 235, 2021 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 22 - Indigent Defense Act › Part 8 - Child Welfare Parental Representation Program › Section 803 - Child welfare parental defense contracts.

Effective 9/1/2021
78B-22-803.
Child welfare parental defense contracts.
(1)
(a) The office may enter into a contract with an attorney to provide indigent defense services for a parent who is the subject of a petition alleging abuse, neglect, or dependency, and requires indigent defense services under Section 80-3-104.
(b) The office shall make payment for the representation, costs, and expenses of a contracted parental representation attorney from the fund in accordance with Section 78B-22-804.
(2)
(a) Except as provided in Subsection (2)(b), a contracted parental representation attorney shall:
(i) complete a basic training course provided by the office;
(ii) provide parental representation services consistent with the commission's core principles described in Section 78B-22-404;
(iii) have experience in child welfare cases; and
(iv) participate each calendar year in continuing legal education courses providing no fewer than eight hours of instruction in child welfare law.
(b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commission may, by rule, exempt from the requirements of Subsection (2)(a) an attorney who has equivalent training or adequate experience.
Amended by Chapter 228, 2021 General Session
Amended by Chapter 262, 2021 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 22 - Indigent Defense Act › Part 8 - Child Welfare Parental Representation Program › Section 804 - Child Welfare Parental Representation Fund -- Contracts for coverage by the fund.

Effective 5/3/2023
78B-22-804.
Child Welfare Parental Representation Fund -- Contracts for coverage by the fund.
(1) There is created an expendable special revenue fund known as the "Child Welfare Parental Representation Fund."
(2) Subject to availability, the office may make distributions from the fund for the following purposes:
(a) to pay for indigent defense resources for contracted parental representation attorneys;
(b) for administrative costs of the program; and
(c) for reasonable expenses directly related to the functioning of the program, including training and travel expenses.
(3) The fund consists of:
(a) federal funds received by the state as partial reimbursement for amounts expended by the Utah Indigent Defense Commission to pay for parental representation;
(b) appropriations made to the fund by the Legislature;
(c) interest and earnings from the investment of fund money;
(d) proceeds deposited by contributing counties under this section; and
(e) private contributions to the fund.
(4) The state treasurer shall invest the money in the fund by following the procedures and requirements of Title 51, Chapter 7, State Money Management Act.
(5)
(a) If the office anticipates a deficit in the fund during a fiscal year:
(i) the commission may request an appropriation from the Legislature; and
(ii) the Legislature may fund the anticipated deficit through appropriation.
(b) If the anticipated deficit is not funded by the Legislature under Subsection (5)(a), the office may request an interim assessment from contributing counties as described in Subsection (6) to fund the anticipated deficit.
(6)
(a) A county legislative body and the office may annually enter into a contract for the office to provide indigent defense services for a parent in a child welfare case in the county out of the fund.
(b) A contract described in Subsection (6)(a) shall:
(i) require the contributing county described in Subsection (6)(a) to pay into the fund an amount defined by a formula established by the commission; and
(ii) provide for revocation of the contract for the contributing county's failure to pay the assessment described in Subsection (5) on the due date established by the commission.
(7) After the first year of operation of the fund, a contributing county that enters into a contract under Subsection (6) to initiate or reestablish participation in the fund is required to make an equity payment in the amount determined by the commission, in addition to the assessment described in Subsection (5).
(8) A contributing county that withdraws from participation in the fund, or whose participation in the fund is revoked as described in Subsection (6) for failure to pay the contributing county's assessment when due, shall forfeit any right to any previously paid assessment by the contributing county or coverage from the fund.
Amended by Chapter 438, 2023 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 22 - Indigent Defense Act › Part 8 - Child Welfare Parental Representation Program › Section 805 - Interdisciplinary Parental Representation Pilot Program.

Affected by 63I-1-278 on 12/31/2024
Effective 5/3/2023
78B-22-805.
Interdisciplinary Parental Representation Pilot Program.
(1) As used in this section:
(a) "Parental representation liaison" means an individual who has a bachelor's or graduate degree in social work, sociology, psychology, human services, or a closely related field.
(b) "Program" means the Interdisciplinary Parental Representation Pilot Program created in this section.
(2)
(a) There is created within the commission the Interdisciplinary Parental Representation Pilot Program.
(b) The purpose of the program is to enhance the legal representation of a parent in a child welfare case by including a parental representation liaison as a member of the parent's interdisciplinary legal team.
(3)
(a) A county may submit a proposal to the commission for a grant to develop a parental representation liaison position to provide services to parents involved in a child welfare case in the county.
(b) A proposal described in Subsection (3)(a) shall include details regarding:
(i) how the county plans to use the grant award to fulfill the purpose described in Subsection (2);
(ii) any plan to use funding sources in addition to a grant awarded under this section for the proposal; and
(iii) other information the commission determines necessary to evaluate the proposal for a grant award under this section.
(c) In evaluating a proposal for a grant award under this section, the commission shall consider:
(i) the extent to which the proposal will fulfill the purpose described in Subsection (2);
(ii) the cost of the proposal;
(iii) the extent to which other funding sources identified in the proposal are likely to benefit the proposal;
(iv) the sustainability of the proposal;
(v) the need for parental representation liaison engagement in child welfare cases in the county that submitted the proposal; and
(vi) whether the proposal will support improvements in indigent defense services in accordance with the commission core principles described in Section 78B-22-404.
(4) Before October 1, 2023, the commission shall provide a written report to the Health and Human Services Interim Committee regarding the program that includes information on:
(a) the number of grants awarded under the program; and
(b) whether the program had any impact on child welfare case outcomes.
Amended by Chapter 438, 2023 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 22 - Indigent Defense Act › Part 9 - Indigent Appellate Defense Division › Section 901 - Definitions.

Effective 5/3/2023
78B-22-901.
Definitions.
As used in this part:
(1)
(a) "Appellate defense services" means the representation of an indigent individual:
(i) described in Subsection 78B-22-201(1)(d) or who is party to an appeal under Section 77-18a-1;
(ii) in an action or on appeal for postconviction relief under Chapter 9, Postconviction Remedies Act; or
(iii) in an appeal of right from an action for the termination or restoration of parental rights under Chapter 6, Part 1, Utah Adoption Act, Title 80, Chapter 3, Abuse, Neglect, and Dependency Proceedings, or Title 80, Chapter 4, Termination and Restoration of Parental Rights.
(b) "Appellate defense services" does not include the representation of an indigent individual:
(i) facing an appeal in a case where the indigent individual was prosecuted for aggravated murder; or
(ii) in an action or appeal for postconviction relief under Chapter 9, Postconviction Remedies Act, if the indigent individual has been sentenced to death.
(2) "Division" means the Indigent Appellate Defense Division created in Section 78B-22-902.
Amended by Chapter 229, 2023 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 22 - Indigent Defense Act › Part 9 - Indigent Appellate Defense Division › Section 902 - Indigent Appellate Defense Division.

Effective 5/12/2020
78B-22-902.
Indigent Appellate Defense Division.
There is created the Indigent Appellate Defense Division within the Office of Indigent Defense Services.
Enacted by Chapter 371, 2020 General Session
Technically renumbered to avoid duplication of section number also enacted in SB175, Chapter 395.
2023 Utah Code › Title 78B - Judicial Code › Chapter 22 - Indigent Defense Act › Part 9 - Indigent Appellate Defense Division › Section 903 - Powers and duties of the division.

Effective 5/3/2023
78B-22-903.
Powers and duties of the division.
(1) The division shall:
(a) provide appellate defense services:
(i) for an appeal under Section 77-18a-1, in counties of the third, fourth, fifth, and sixth class;
(ii) for an action or an appeal for postconviction relief under Chapter 9, Postconviction Remedies Act, if the court appoints the division to represent the indigent individual; and
(iii) for an appeal of right from an action for the termination or restoration of parental rights under Chapter 6, Part 1, Utah Adoption Act, Title 80, Chapter 3, Abuse, Neglect, and Dependency Proceedings, or Title 80, Chapter 4, Termination and Restoration of Parental Rights; and
(b) provide appellate defense services in accordance with the core principles adopted by the commission under Section 78B-22-404 and any other state and federal standards for appellate defense services.
(2) Upon consultation with the executive director and the commission, the division shall:
(a) adopt a budget for the division;
(b) adopt and publish on the commission's website:
(i) appellate performance standards;
(ii) case weighting standards; and
(iii) any other relevant measures or information to assist with appellate defense services; and
(c) if requested by the commission, provide a report to the commission on:
(i) the provision of appellate defense services by the division;
(ii) the caseloads of appellate attorneys; and
(iii) any other information relevant to appellate defense services in the state.
(3) If the division provides appellate defense services to an indigent individual in an indigent defense system, the division shall provide notice to the district court and the indigent defense system that the division intends to be appointed as counsel for the indigent individual.
(4) The office shall assist with providing training and continual legal education on appellate defense to indigent defense service providers in counties of the third, fourth, fifth, and sixth class.
Amended by Chapter 229, 2023 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 22 - Indigent Defense Act › Part 9 - Indigent Appellate Defense Division › Section 904 - Chief appellate officer -- Qualifications -- Staff -- Duties.

Effective 5/4/2022
78B-22-904.
Chief appellate officer -- Qualifications -- Staff -- Duties.
(1)
(a) After consulting with the commission, the executive director shall appoint a chief appellate officer.
(b) When appointing the chief appellate officer, the executive director shall give preference to an individual with experience in adult criminal appellate defense representation.
(2) The chief appellate officer shall be an active member of the Utah State Bar with an appropriate background and experience to serve as the chief appellate officer.
(3) The chief appellate officer shall carry out the duties of the division described in Section 78B-22-903.
(4) The chief appellate officer shall:
(a) provide appellate defense services in a county of the third, fourth, fifth, or sixth class;
(b) hire staff as necessary to carry out the duties of the division described in Section 78B-22-903; and
(c) perform all other duties that are necessary for the division to carry out the division's statutory duties.
(5) The chief appellate officer may provide appellate defense services in an action or an appeal for postconviction relief under Title 78B, Chapter 9, Postconviction Remedies Act, if the court appoints the division to represent the indigent individual.
Amended by Chapter 295, 2022 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 22 - Indigent Defense Act › Part 10 - Indigency Verification › Section 1001 - Verification of indigency -- Pilot program.

Effective 11/16/2021
78B-22-1001.
Verification of indigency -- Pilot program.
(1) Beginning on July 1, 2022, and ending on June 30, 2025, an indigent defense system in Cache County, Davis County, Duchesne County, and San Juan County shall conduct a pilot program to verify the indigency of individuals who were provided indigent defense services by the indigent defense system, except as provided in Subsection (5).
(2) Under the pilot program described in Subsection (1), the indigent defense system shall review and verify financial information in a statistically significant sample of cases for each calendar year where, except as provided in Subsection (5):
(a) an individual was found to be indigent by a court; and
(b) the indigent defense system provided indigent defense services to the individual.
(3) To verify financial information under Subsection (2), the indigent defense system may require an individual to provide financial documentation or proof demonstrating that the individual qualifies as indigent under Section 78B-22-202.
(4) An indigent defense system described in Subsection (1) shall report to the Judiciary Interim Committee and the Law Enforcement and Criminal Justice Interim Committee, concerning the results of the pilot program described in this section, on or before November 1 of each year of the three-year pilot program.
(5) This section does not apply to a minor, who is appointed an indigent defense service provider, or the minor's parent or legal guardian.
Enacted by Chapter 4, 2021 Special Session 2
2023 Utah Code › Title 78B - Judicial Code › Chapter 22 - Indigent Defense Act › Part 10 - Indigency Verification › Section 1002 - Recovery of costs for indigent defense services.

Effective 5/3/2023
78B-22-1002.
Recovery of costs for indigent defense services.
(1) Except as provided in Subsection (2), a court shall order an individual to pay the indigent defense system for the cost of indigent defense services in accordance with Subsection 76-3-201(4)(d) and Section 77-32b-104 if:
(a) the individual was provided indigent defense services by the indigent defense system; and
(b) the indigent defense system provides financial documentation or proof to the court that demonstrates that the individual is not indigent under Section 78B-22-202.
(2) This section does not apply to a minor, who is appointed an indigent defense service provider, or the minor's parent or legal guardian.
Amended by Chapter 497, 2023 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 23 - Agreements to Confess Judgment › Section 102 - Certain agreements to confess judgment void.

Effective 5/12/2020
78B-23-102.
Certain agreements to confess judgment void.
(1) Except as provided in Subsection (2), parties may execute an agreement or stipulation to confess judgment before a default giving rise to an action.
(2)
(a) In an employment contract or a consumer credit contract, an agreement or stipulation to confess judgment is void if the agreement or stipulation is executed:
(i) on or after May 14, 2019; and
(ii) before a default giving rise to an action in which the judgment under the agreement or stipulation is to be confessed.
(b) To satisfy the requirements of Subsection (2)(a)(ii), the parties need only execute the agreement or stipulation after the default giving rise to the underlying action and not after any subsequent default on the agreement or stipulation.
Amended by Chapter 439, 2020 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 24 - Uniform Unregulated Child Custody Transfer Act › Part 1 - General Provisions › Section 101 - Definitions.

Effective 5/4/2022
78B-24-101.
Definitions.
As used in this chapter:
(1) "Child" means an unemancipated individual under 18 years old.
(2)
(a) "Child-placing agency" means a person with authority under other law of this state to identify or place a child for adoption.
(b) "Child-placing agency" does not include a parent of a child.
(3) "Custody" means the exercise of physical care and supervision of a child.
(4)
(a) "Intercountry adoption" means an adoption or placement for adoption of a child who resides in a foreign country at the time of adoption or placement.
(b) "Intercountry adoption" includes an adoption finalized in the child's country of residence or in a state.
(5) "Parent" means an individual recognized as a parent under other law of this state.
(6) "Person" means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity.
(7) "Record" means information:
(a) inscribed on a tangible medium; or
(b) stored in an electronic or other medium and retrievable in perceivable form.
(8)
(a) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any other territory or possession subject to the jurisdiction of the United States.
(b) "State" includes a federally recognized Indian tribe.
Enacted by Chapter 326, 2022 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 24 - Uniform Unregulated Child Custody Transfer Act › Part 1 - General Provisions › Section 102 - Limitations on applicability.

Effective 5/4/2022
78B-24-102.
Limitations on applicability.
This chapter does not apply to custody of an Indian child, as defined in the Indian Child Welfare Act, 25 U.S.C. Sec. 1903, to the extent governed by the Indian Child Welfare Act, 25 U.S.C. Sec. 1901 through 1963.
Enacted by Chapter 326, 2022 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 24 - Uniform Unregulated Child Custody Transfer Act › Part 2 - Prohibition of Unregulated Custody Transfer › Section 201 - Definitions.

Effective 5/4/2022
78B-24-201.
Definitions.
As used in this part:
(1) "Guardian" means a person recognized as a guardian under other law of this state.
(2) "Intermediary" means a person that assists or facilitates a transfer of custody of a child, whether or not for compensation.
Enacted by Chapter 326, 2022 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 24 - Uniform Unregulated Child Custody Transfer Act › Part 2 - Prohibition of Unregulated Custody Transfer › Section 202 - Applicability.

Effective 5/4/2022
78B-24-202.
Applicability.
This part does not apply to a transfer of custody of a child by a parent or guardian of the child to:
(1) a parent of the child;
(2) a stepparent of the child;
(3) an adult who is related to the child by blood, marriage, or adoption;
(4) an adult who, at the time of the transfer, had a close relationship with the child or the parent or guardian of the child for a substantial period, and whom the parent or guardian reasonably believed, at the time of the transfer, to be a fit custodian of the child;
(5) an Indian custodian, as defined in the Indian Child Welfare Act, 25 U.S.C. Sec. 1903, of the child; or
(6) a member of the child's customary family unit recognized by the child's indigenous group.
Enacted by Chapter 326, 2022 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 24 - Uniform Unregulated Child Custody Transfer Act › Part 2 - Prohibition of Unregulated Custody Transfer › Section 203 - Prohibited custody transfer.

Effective 5/3/2023
78B-24-203.
Prohibited custody transfer.
(1) Except as provided in Subsection (2), a parent or guardian of a child, or an individual with whom a child has been placed for adoption, may not transfer custody of the child to another person with the intent, at the time of the transfer, to abandon the rights and responsibilities concerning the child.
(2) A parent or guardian of a child or an individual with whom a child has been placed for adoption may transfer custody of the child to another person with the intent, at the time of the transfer, to abandon the rights and responsibilities concerning the child only through:
(a) adoption or guardianship;
(b) judicial award of custody;
(c) placement by or through a child-placing agency;
(d) other judicial or tribal action; or
(e) safe relinquishment under Title 80, Chapter 4, Part 5, Safe Relinquishment of a Newborn Child.
(3)
(a) A person may not receive custody of a child, or act as an intermediary in a transfer of custody of a child, if the person knows or reasonably should know the transfer violates Subsection (1).
(b) This subsection does not apply if the person as soon as practicable after the transfer, notifies the Division of Child and Family Services of the transfer or takes appropriate action to establish custody under Subsection (2).
(4) A violation of this section is a class B misdemeanor.
(5) A violation of Subsection (1) is not established solely because a parent or guardian that transfers custody of a child does not regain custody.
Amended by Chapter 330, 2023 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 24 - Uniform Unregulated Child Custody Transfer Act › Part 2 - Prohibition of Unregulated Custody Transfer › Section 204 - Authority and responsibility of the Division of Child and Family Services.

Effective 5/4/2022
78B-24-204.
Authority and responsibility of the Division of Child and Family Services.
(1) If the Division of Child and Family Services has a reasonable basis to believe that a person has transferred or will transfer custody of a child in violation of Subsection 78B-24-203(1), the Division of Child and Family Services may conduct a home visit as provided by other law of this state and take appropriate action to protect the welfare of the child.
(2) If the Division of Child and Family Services conducts a home visit for a child adopted or placed through an intercountry adoption, the Division of Child and Family Services shall:
(a) prepare a report on the welfare and plan for permanent placement of the child; and
(b) provide a copy of the report to the United States Department of State.
(3) This chapter does not prevent the Division of Child and Family Services from taking appropriate action under law of this state.
Enacted by Chapter 326, 2022 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 24 - Uniform Unregulated Child Custody Transfer Act › Part 2 - Prohibition of Unregulated Custody Transfer › Section 205 - Prohibited soliciting or advertising.

Effective 5/4/2022
78B-24-205.
Prohibited soliciting or advertising.
(1) A person may not solicit or advertise to:
(a) find a person to which to make a transfer of custody in violation of Subsection 78B-24-203(1);
(b) identify a child for a transfer of custody in violation of Subsection 78B-24-203(3); or
(c) act as an intermediary in a transfer of custody in violation of Subsection 78B-24-203(3).
(2) A violation of this section is a class B misdemeanor.
Enacted by Chapter 326, 2022 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 24 - Uniform Unregulated Child Custody Transfer Act › Part 3 - Information and Guidance › Section 301 - Definitions.

Effective 5/4/2022
78B-24-301.
Definitions.
As used in this part, "prospective adoptive parent" means an individual who has been approved or permitted under other law of this state to adopt a child.
Enacted by Chapter 326, 2022 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 24 - Uniform Unregulated Child Custody Transfer Act › Part 3 - Information and Guidance › Section 302 - Scope.

Effective 5/4/2022
78B-24-302.
Scope.
This part applies to placement for adoption of a child who:
(1) has been or is in foster or institutional care;
(2) previously has been adopted in a state;
(3) has been or is being adopted under the law of a foreign country;
(4) has come or is coming to a state from a foreign country to be adopted;
(5) is not a citizen of the United States;
(6) has an attachment or trauma-related disorder; or
(7) suffered from prenatal exposure to alcohol or drugs.
Enacted by Chapter 326, 2022 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 24 - Uniform Unregulated Child Custody Transfer Act › Part 3 - Information and Guidance › Section 303 - General adoption information.

Effective 5/4/2022
78B-24-303.
General adoption information.
(1) Within a reasonable time before a child-placing agency places a child for adoption with a prospective adoptive parent, the child-placing agency shall provide or cause to be provided to the prospective adoptive parent general adoption information.
(2) The information under Subsection (1) shall address:
(a) possible physical, mental, emotional, and behavioral issues concerning:
(i) identity, loss, and trauma that a child might experience before, during, or after adoption; and
(ii) a child leaving familiar ties and surroundings;
(b) the effect that access to resources, including health insurance, might have on the ability of an adoptive parent to meet the needs of a child;
(c) causes of disruption of an adoptive placement or dissolution of an adoption and resources available to help avoid disruption or dissolution; and
(d) prohibitions under Sections 78B-24-203 and 78B-24-205.
Enacted by Chapter 326, 2022 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 24 - Uniform Unregulated Child Custody Transfer Act › Part 3 - Information and Guidance › Section 304 - Information about a child.

Effective 5/4/2022
78B-24-304.
Information about a child.
(1)
(a) Except as prohibited by other law of this state, within a reasonable time before a child-placing agency places a child for adoption with a prospective adoptive parent, the agency shall provide or cause to be provided to the prospective adoptive parent information specific to the child that is known or reasonably obtainable by the child-placing agency and material to the prospective adoptive parents informed decision to adopt the child.
(b) The information under Subsection (1)(a) shall include:
(i) the child's family, cultural, racial, religious, ethnic, linguistic, and educational background;
(ii) the child's physical, mental, emotional, and behavioral health;
(iii) circumstances that may adversely affect the child's physical, mental, emotional, or behavioral health;
(iv) the child's medical history, including immunizations;
(v) the medical history of the child's genetic parents and siblings;
(vi) the history of an adoptive or out-of-home placement of the child and the reason the adoption or placement ended;
(vii) the child's United States immigration status;
(viii) medical, therapeutic, and educational resources, including language-acquisition training, available to the adoptive parent and child after placement or adoption to assist in responding effectively to physical, mental, emotional, or behavioral issues; and
(ix) available records relevant to the information in Subsections (1)(b)(i) through (viii).
(2) If, before an adoption is finalized, additional information under Subsection (1) that is material to a prospective adoptive parent's informed decision to adopt the child becomes known or reasonably obtainable by the child-placing agency, the child-placing agency shall provide the information to the prospective adoptive parent.
(3) If, after an adoption is finalized, additional information under Subsection (1) becomes known to the child-placing agency, the child-placing agency shall make a reasonable effort to provide the information to the adoptive parent.
Enacted by Chapter 326, 2022 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 24 - Uniform Unregulated Child Custody Transfer Act › Part 3 - Information and Guidance › Section 305 - Guidance and instruction.

Effective 5/4/2022
78B-24-305.
Guidance and instruction.
(1) A child-placing agency placing a child for adoption shall provide or cause to be provided to the prospective adoptive parent guidance and instruction specific to the child to help prepare the parent to respond effectively to needs of the child which are known or reasonably ascertainable by the child-placing agency.
(2) The guidance and instruction under Subsection (1) shall address, if applicable:
(a) the potential effect on the child of:
(i) previous adoption or out-of-home placement;
(ii) multiple previous adoptions or out-of-home placements;
(iii) trauma, insecure attachment, fetal alcohol exposure, or malnutrition;
(iv) neglect, abuse, drug exposure, or similar adversity;
(v) separation from a sibling or significant caregiver; and
(vi) a difference in ethnicity, race, or cultural identity between the child and the prospective adoptive parent or other child of the parent;
(b) information available from the federal government on the process for the child to acquire United States citizenship; and
(c) any other matter the child-placing agency considers material to the adoption.
(3) The guidance and instruction under Subsection (1) shall be provided:
(a) for adoption of a child residing in the United States, a reasonable time before the adoption is finalized; or
(b) for an intercountry adoption, in accordance with federal law.
Enacted by Chapter 326, 2022 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 24 - Uniform Unregulated Child Custody Transfer Act › Part 3 - Information and Guidance › Section 306 - Information about financial assistance and support services.

Effective 5/4/2022
78B-24-306.
Information about financial assistance and support services.
On request of a child who was placed for adoption or the child's adoptive parent, the child-placing agency placing the child or the Division of Child and Family Services shall provide information about how to obtain financial assistance or support services:
(1) to assist the child or parent to respond effectively to adjustment, behavioral, and other challenges; and
(2) to help preserve the placement or adoption.
Enacted by Chapter 326, 2022 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 24 - Uniform Unregulated Child Custody Transfer Act › Part 3 - Information and Guidance › Section 307 - Child-placing agency compliance.

Effective 5/3/2023
78B-24-307.
Child-placing agency compliance.
(1) The Office of Licensing, created in Section 26B-2-103, may investigate an allegation that a child-placing agency has failed to comply with this part and commence an action for injunctive or other relief or initiate administrative proceedings against the child-placing agency to enforce this part.
(2)
(a) The Office of Licensing may initiate a proceeding to determine whether a child-placing agency has failed to comply with this part.
(b) If the Office of Licensing finds that the child-placing agency has failed to comply, the Office of Licensing may suspend or revoke the child-placing agency's license or take other action permitted by law of the state.
Amended by Chapter 330, 2023 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 24 - Uniform Unregulated Child Custody Transfer Act › Part 3 - Information and Guidance › Section 308 - Rulemaking authority.

Effective 5/3/2023
78B-24-308.
Rulemaking authority.
The Office of Licensing, created in Section 26B-2-103, may adopt rules under Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to implement Sections 78B-24-303, 78B-24-304, 78B-24-305, and 78B-24-306.
Amended by Chapter 330, 2023 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 24 - Uniform Unregulated Child Custody Transfer Act › Part 4 - Miscellaneous Provisions › Section 401 - Uniformity of application and construction.

Effective 5/4/2022
78B-24-401.
Uniformity of application and construction.
In applying and construing this uniform act, a court shall consider the promotion of uniformity of the law among jurisdictions that enact the uniform act.
Enacted by Chapter 326, 2022 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 24 - Uniform Unregulated Child Custody Transfer Act › Part 4 - Miscellaneous Provisions › Section 402 - Relation to Electronic Signatures in Global and National Commerce Act.

Effective 5/4/2022
78B-24-402.
Relation to Electronic Signatures in Global and National Commerce Act.
This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Sec. 7001 et seq., but does not modify, limit, or supersede 15 U.S.C. Sec. 7001(c), or authorize electronic delivery of any of the notices described in 15 U.S.C. Sec. 7003(b).
Enacted by Chapter 326, 2022 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 24 - Uniform Unregulated Child Custody Transfer Act › Part 4 - Miscellaneous Provisions › Section 403 - Transitional provisions.

Effective 5/4/2022
78B-24-403.
Transitional provisions.
(1)Part 2, Prohibition of Unregulated Custody Transfer, applies to:
(a) a transfer of custody on or after May 4, 2022; and
(b) soliciting or advertising on or after May 4, 2022.
(2)Part 3, Information and Guidance, applies to placement of a child for adoption more than 60 days after May 4, 2022.
Enacted by Chapter 326, 2022 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 24 - Uniform Unregulated Child Custody Transfer Act › Part 4 - Miscellaneous Provisions › Section 404 - Severability.

Effective 5/4/2022
78B-24-404.
Severability.
If a provision of this chapter or the provision's application to a person or circumstance is held invalid, the invalidity does not affect another provision or application that can be given effect without the invalid provision.
Enacted by Chapter 326, 2022 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 25 - Uniform Public Expression Protection Act › Section 102 - Scope.

Effective 5/3/2023
78B-25-102.
Scope.
(1) As used in this section:
(a) "Goods or services" does not include the creation, dissemination, exhibition, or advertisement or similar promotion of a dramatic, literary, musical, political, journalistic, or artistic work.
(b) "Governmental unit" means a public corporation or government or governmental subdivision, agency, or instrumentality.
(c) "Person" means an individual, estate, trust, partnership, business or nonprofit entity, governmental unit, or other legal entity.
(2) Except as provided in Subsection (3), this chapter applies to a cause of action asserted in a civil action against a person based on the person's:
(a) communication in a legislative, executive, judicial, administrative, or other governmental proceeding;
(b) communication on an issue under consideration or review in a legislative, executive, judicial, administrative, or other governmental proceeding; or
(c) exercise of the right of freedom of speech or of the press, the right to assemble or petition, or the right of association, guaranteed by the United States Constitution or Utah Constitution, on a matter of public concern.
(3) This chapter does not apply to a cause of action asserted:
(a) against a governmental unit or an employee or agent of a governmental unit acting or purporting to act in an official capacity;
(b) by a governmental unit or an employee or agent of a governmental unit acting in an official capacity to enforce a law to protect against an imminent threat to public health or safety; or
(c) against a person primarily engaged in the business of selling or leasing goods or services if the cause of action arises out of a communication related to the person's sale or lease of the goods or services.
Enacted by Chapter 488, 2023 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 25 - Uniform Public Expression Protection Act › Section 103 - Special motion for expedited relief.

Effective 5/3/2023
78B-25-103.
Special motion for expedited relief.
Not later than 60 days after the day on which a party is served with a complaint, crossclaim, counterclaim, third-party claim, or other pleading that asserts a cause of action to which this chapter applies, or at a later time on a showing of good cause, the party may file a special motion for expedited relief to dismiss the cause of action or part of the cause of action.
Enacted by Chapter 488, 2023 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 25 - Uniform Public Expression Protection Act › Section 104 - Stay.

Effective 5/3/2023
78B-25-104.
Stay.
(1) Except as provided in Subsections (4) through (7), on the filing of a motion under Section 78B-25-103:
(a) all other proceedings between the moving party and responding party, including discovery and a pending hearing or motion, are stayed; and
(b) on motion by the moving party, the court may stay a hearing or motion involving another party, or discovery by another party, if the hearing or ruling on the motion would adjudicate, or the discovery would relate to, an issue material to the motion under Section 78B-25-103.
(2) A stay under Subsection (1) remains in effect until the day on which an order ruling on the motion under Section 78B-25-103 is entered and expiration of the time under Utah Rules of Appellate Procedure, Rule 4, for the moving party to appeal the order.
(3)
(a) Except as provided in Subsections (5) through (7), if a party appeals from an order ruling on a motion under Section 78B-25-103, all proceedings between all parties in the action are stayed.
(b) A stay under Subsection (3)(a) remains in effect until the day on which the appeal concludes.
(4) During a stay under Subsection (1), the court may allow limited discovery if a party shows that specific information is necessary to establish whether a party has satisfied or failed to satisfy a burden under Subsection 78B-25-107(1) and the information is not reasonably available unless discovery is allowed.
(5) A motion under Section 78B-25-110 for costs, attorney fees, and expenses is not subject to a stay under this section.
(6) A stay under this section does not affect a party's ability to voluntarily dismiss a cause of action or part of a cause of action or move to sever a cause of action.
(7) During a stay under this section, the court for good cause may hear and rule on:
(a) a motion unrelated to the motion under Section 78B-25-103; and
(b) a motion seeking a special or preliminary injunction to protect against an imminent threat to public health or safety.
Enacted by Chapter 488, 2023 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 25 - Uniform Public Expression Protection Act › Section 105 - Hearing.

Effective 5/3/2023
78B-25-105.
Hearing.
(1) The court shall hear a motion under Section 78B-25-103 not later than 60 days after the day on which the motion is filed, unless the court orders a later hearing:
(a) to allow discovery under Subsection 78B-25-104(4); or
(b) for other good cause.
(2) If the court orders a later hearing under Subsection (1)(a), the court shall hear the motion under Section 78B-25-103 not later than 60 days after the day on which the court issues an order allowing the discovery, unless the court orders a later hearing under Subsection (1)(b).
Enacted by Chapter 488, 2023 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 25 - Uniform Public Expression Protection Act › Section 106 - Proof.

Effective 5/3/2023
78B-25-106.
Proof.
In ruling on a motion under Section 78B-25-103, the court shall consider the pleadings, the motion, any reply or response to the motion, and any evidence that could be considered in ruling on a motion for summary judgment under Utah Rules of Civil Procedure, Rule 56.
Enacted by Chapter 488, 2023 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 25 - Uniform Public Expression Protection Act › Section 107 - Dismissal of cause of action in whole or part.

Effective 5/3/2023
78B-25-107.
Dismissal of cause of action in whole or part.
(1) In ruling on a motion under Section 78B-25-103, the court shall dismiss with prejudice a cause of action, or part of a cause of action, if:
(a) the moving party establishes under Subsection 78B-25-102(2) that this chapter applies;
(b) the responding party fails to establish under Subsection 78B-25-102(3) that this chapter does not apply; and
(c) either:
(i) the responding party fails to establish a prima facie case as to each essential element of the cause of action; or
(ii) the moving party establishes that:
(A) the responding party failed to state a cause of action upon which relief can be granted; or
(B) there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law on the cause of action or part of the cause of action.
(2) A voluntary dismissal without prejudice of a responding party's cause of action, or part of a cause of action, that is the subject of a motion under Section 78B-25-103 does not affect a moving party's right to obtain a ruling on the motion and seek costs, attorney fees, and expenses under Section 78B-25-110.
(3) A voluntary dismissal with prejudice of a responding party's cause of action, or part of a cause of action, that is the subject of a motion under Section 78B-25-103 establishes for the purpose of Section 78B-25-110 that the moving party prevailed on the motion.
Enacted by Chapter 488, 2023 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 25 - Uniform Public Expression Protection Act › Section 108 - Ruling.

Effective 5/3/2023
78B-25-108.
Ruling.
The court shall rule on a motion under Section 78B-25-103 not later than 60 days after the day on which a hearing is held under Section 78B-25-105.
Enacted by Chapter 488, 2023 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 25 - Uniform Public Expression Protection Act › Section 109 - Appeal.

Effective 5/3/2023
78B-25-109.
Appeal.
(1) A moving party may appeal as a matter of right from an order denying, in whole or in part, a motion under Section 78B-25-103.
(2) The appeal shall be filed in accordance with Utah Rules of Appellate Procedure, Rule 4.
Enacted by Chapter 488, 2023 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 25 - Uniform Public Expression Protection Act › Section 110 - Costs, attorney fees, and expenses.

Effective 5/3/2023
78B-25-110.
Costs, attorney fees, and expenses.
On a motion under Section 78B-25-103, the court shall award court costs, reasonable attorney fees, and reasonable litigation expenses related to the motion:
(1) to the moving party if the moving party prevails on the motion; or
(2) to the responding party if the responding party prevails on the motion and the court finds that the motion was frivolous or filed solely with intent to delay the proceeding.
Enacted by Chapter 488, 2023 General Session