reglab/statecodes huggingface dataset:
2023 Utah Code › Title 79 - Natural Resources › Chapter 7 - Outdoor Recreation Act › Part 3 - Finances › Section 303 - Zion National Park Support Programs Restricted Account.

Affected by 63I-2-279 on 7/1/2024
Effective 1/1/2024
79-7-303.
Zion National Park Support Programs Restricted Account.
(1) There is created within the General Fund the "Zion National Park Support Programs Restricted Account."
(2) The Zion National Park Support Programs Restricted Account shall be funded by:
(a) private contributions; or
(b) donations or grants from public or private entities.
(3) The Legislature shall appropriate money in the Zion National Park Support Programs Restricted Account to the division.
(4) The division may expend up to 10% of the money appropriated under Subsection (3) to administer account distributions in accordance with Subsections (5) and (6).
(5) The division shall distribute contributions to one or more organizations that:
(a) are exempt from federal income taxation under Section 501(c)(3), Internal Revenue Code;
(b) operate under a written agreement with the National Park Service to provide interpretive, educational, and research activities for the benefit of Zion National Park;
(c) produce and distribute educational and promotional materials on Zion National Park;
(d) conduct educational courses on the history and ecosystem of the greater Zion Canyon area; and
(e) provide other programs that enhance visitor appreciation and enjoyment of Zion National Park.
(6)
(a) An organization described in Subsection (5) may apply to the division to receive a distribution in accordance with Subsection (5).
(b) An organization that receives a distribution from the division in accordance with Subsection (5) shall expend the distribution only to:
(i) produce and distribute educational and promotional materials on Zion National Park;
(ii) conduct educational courses on the history and ecosystem of the greater Zion Canyon area; and
(iii) provide other programs that enhance visitor appreciation and enjoyment of Zion National Park.
(c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and after notifying the commission, the division may make rules providing procedures and requirements for an organization to apply to the division to receive a distribution under Subsection (5).
Amended by Chapter 33, 2023 General Session
2023 Utah Code › Title 79 - Natural Resources › Chapter 7 - Outdoor Recreation Act › Part 4 - Enforcement › Section 401 - Enforcement in general.

Effective 7/1/2021
79-7-401.
Enforcement in general.
(1) The division may:
(a) protect recreation property under the division's jurisdiction from misuse or damage; and
(b) preserve the peace on property within the division's jurisdiction.
(2) The division may coordinate with other government entities to accomplish Subsection (1).
(3) An employee of the division who is a POST certified peace officer, and who is designated by the division director, are law enforcement officers under Section 53-13-103 and have all the powers of law enforcement officers in the state, with the exception of the power to serve civil process.
(4) The division may deputize persons who are peace officers or special function officers to assist the division on a seasonal temporary basis.
Enacted by Chapter 280, 2021 General Session
2023 Utah Code › Title 79 - Natural Resources › Chapter 7 - Outdoor Recreation Act › Part 5 - Recreation Coordinated Investment Initiative › Section 501 - Definitions.

Effective 5/3/2023
79-7-501.
Definitions.
As used in this part:
(1) "Initiative" means the Recreation Coordinated Investment Initiative created in this part.
(2) "Outdoor recreation infrastructure" includes:
(a) a trail, trail head infrastructure, signage, and crossing infrastructure for both nonmotorized and motorized recreation;
(b) a campground or day-use recreation site;
(c) water recreation infrastructure, including a pier, dock, or boat ramp; and
(d) outdoor recreation facilities that are accessible to visitors with disabilities.
(3) "Public lands" includes local, state, and federal lands.
Enacted by Chapter 145, 2023 General Session
2023 Utah Code › Title 79 - Natural Resources › Chapter 7 - Outdoor Recreation Act › Part 5 - Recreation Coordinated Investment Initiative › Section 502 - Recreation Coordinated Investment Initiative.

Effective 5/3/2023
79-7-502.
Recreation Coordinated Investment Initiative.
(1) There is created within the division an initiative known as the "Recreation Coordinated Investment Initiative."
(2) The initiative is to manage, maintain, expand, restore, and improve outdoor recreation infrastructure on public lands within the state, including building new or expanding existing outdoor recreation infrastructure to address increased usage and to minimize overcrowding or overuse.
(3) Consistent with this part, the division may enter into:
(a) a partnership agreement to accomplish the objectives listed in Subsection (2) for outdoor recreation infrastructure, such as a shared stewardship agreement, a challenge cost-share agreement, or other formal agreement; and
(b) a recreation management agreement to maintain outdoor recreation infrastructure, including motorized or nonmotorized trails, trail networks, or trails across multiple jurisdictions.
(4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division may make rules, after notifying the commission, establishing procedures consistent with Subsections (2) and (5) for entering into an agreement described in Subsection (3).
(5) To accomplish the objectives listed in Subsection (2), the initiative shall develop and oversee a project proposal process to:
(a) develop statewide priorities that reflect eligibility criteria established under this section, including projects that:
(i) are of interest and benefit to recreation users;
(ii) offer the advantages and effectiveness of participation between state and other land management agencies;
(iii) would benefit local communities; and
(iv) can be completed in a timely manner; and
(b) address funding amounts allocated in the agreements described in Subsection (3).
(6) The director of the division shall designate staff with relevant expertise or experience to administer the initiative.
(7)
(a) The initiative staff shall compile data and provide a performance report to the Natural Resources, Agriculture, and Environment Interim Committee on or before November 1 of each year.
(b) An annual performance report under this Subsection (7) shall include for a fiscal year:
(i) by source, the initiative's total annual resources, including partner funds;
(ii) the total amount of outdoor recreation infrastructure project areas that are benefited by the initiative during the fiscal year;
(iii) the total amount of trail miles that receive maintenance;
(iv) the total amount of state funding or in-kind resources that are used to leverage non-state partner resources; and
(v) other performance metrics that demonstrate the effectiveness of the initiative.
Enacted by Chapter 145, 2023 General Session
2023 Utah Code › Title 79 - Natural Resources › Chapter 7 - Outdoor Recreation Act › Part 5 - Recreation Coordinated Investment Initiative › Section 503 - Funding of initiative.

Effective 5/3/2023
79-7-503.
Funding of initiative.
The initiative is funded from the following sources:
(1) appropriations made to the initiative by the Legislature, including any appropriation from the Outdoor Adventure Infrastructure Restricted Account created in Section 51-9-902; and
(2) contributions, including in-kind assistance, from public and private sources, including a federal agency, state agency, local government, or private entity.
Enacted by Chapter 145, 2023 General Session
2023 Utah Code › Title 79 - Natural Resources › Chapter 8 - Outdoor Recreation Grants › Part 1 - General Provisions › Section 102 - Definitions.

Effective 7/1/2022
79-8-102.
Definitions.
As used in this chapter:
(1) "Accessible to the general public" in relation to the awarding of an infrastructure grant, means:
(a) the public may use the infrastructure in accordance with federal and state regulations; and
(b) no community or group retains exclusive rights to access the infrastructure.
(2) "Advisory committee" means the Utah Outdoor Recreation Infrastructure Advisory Committee created in Section 79-7-206.
(3) "Children," in relation to the awarding of a UCORE grant, means individuals who are six years old or older and 18 years old or younger.
(4) "Director" means the director of the Division of Outdoor Recreation.
(5) "Division" means the Division of Outdoor Recreation.
(6) "Executive director" means the executive director of the Department of Natural Resources.
(7) "Infrastructure grant" means an outdoor recreational infrastructure grant described in Section 79-8-401.
(8)
(a) "Recreational infrastructure project" means an undertaking to build or improve an approved facility or installation needed for the public to access and enjoy the state's outdoors.
(b) "Recreational infrastructure project" may include the:
(i) establishment, construction, or renovation of a trail, trail infrastructure, or a trail facility;
(ii) construction of a project for a water-related outdoor recreational activity;
(iii) development of a project for a wildlife watching opportunity, including bird watching;
(iv) development of a project that provides a winter recreation amenity;
(v) construction or improvement of a community park that has an amenity for outdoor recreation; and
(vi) construction or improvement of a naturalistic and accessible playground.
(9) "UCORE grant" means a children's outdoor recreation and education grant described in Section 79-8-302.
(10)
(a) "Underserved community" means a group of people, including a municipality, county, or American Indian tribe, that is economically disadvantaged.
(b) "Underserved community" includes an economically disadvantaged community where in relation to awarding a UCORE grant, the children of the community, including children with disabilities, have limited access to outdoor recreation or education programs.
Amended by Chapter 68, 2022 General Session
Amended by Chapter 274, 2022 General Session
2023 Utah Code › Title 79 - Natural Resources › Chapter 8 - Outdoor Recreation Grants › Part 1 - General Provisions › Section 103 - Outdoor recreation grants.

Effective 5/3/2023
79-8-103.
Outdoor recreation grants.
To the extent money is available, the division shall administer outdoor recreation grants for the state, including grants that address:
(1) outdoor recreation in general;
(2) recreational trails;
(3) off-highway vehicle incentives;
(4) boat access and clean vessels;
(5) land, water, and conservation;
(6) outdoor recreation programming; and
(7) maintenance projects related to the above allowable uses.
Amended by Chapter 183, 2023 General Session
2023 Utah Code › Title 79 - Natural Resources › Chapter 8 - Outdoor Recreation Grants › Part 1 - General Provisions › Section 106 - Outdoor Recreation Infrastructure Account -- Uses -- Costs.

Effective 5/3/2023
79-8-106.
Outdoor Recreation Infrastructure Account -- Uses -- Costs.
(1) There is created an expendable special revenue fund known as the "Outdoor Recreation Infrastructure Account," which the division shall use to fund:
(a) the Outdoor Recreational Infrastructure Grant Program created in Section 79-8-401;
(b) the Recreation Restoration Infrastructure Grant Program created in Section 79-8-202; and
(c) the Utah Children's Outdoor Recreation and Education Grant Program created in Section 79-8-302.
(2) The account consists of:
(a) distributions to the account under Section 59-28-103;
(b) interest earned on the account;
(c) appropriations made by the Legislature;
(d) money from a cooperative agreement entered into with the United States Department of Agriculture or the United States Department of the Interior; and
(e) private donations, grants, gifts, bequests, or money made available from any other source to implement this part.
(3) The division shall, with the advice of the advisory committee, administer the account.
(4) The cost of administering the account shall be paid from money in the account.
(5) Interest accrued from investment of money in the account shall remain in the account.
Amended by Chapter 183, 2023 General Session
2023 Utah Code › Title 79 - Natural Resources › Chapter 8 - Outdoor Recreation Grants › Part 2 - Recreation Restoration Infrastructure Grant Program › Section 201 - Definitions.

Effective 7/1/2022
79-8-201.
Definitions.
As used in this part:
(1) "Grant program" means the Recreation Restoration Infrastructure Grant Program created in Section 79-8-202.
(2) "High demand outdoor recreation amenity" means infrastructure necessary for a campground, picnic area, or water recreation structure such as a dock, pier, or boat ramp that receives or has received heavy use by the public.
(3) "High priority trail" means a motorized or nonmotorized recreation summer-use trail and related infrastructure that is prioritized by the advisory committee for restoration or rehabilitation to maintain usability and sustainability of trails that receive or have received high use by the public.
(4) "Public lands" includes local, state, and federal lands.
(5) "Rehabilitation or restoration" means returning an outdoor recreation structure or trail that has been degraded, damaged, or destroyed to its previously useful state by means of repair, modification, or alteration.
Amended by Chapter 68, 2022 General Session
2023 Utah Code › Title 79 - Natural Resources › Chapter 8 - Outdoor Recreation Grants › Part 2 - Recreation Restoration Infrastructure Grant Program › Section 202 - Creation of grant program.

Effective 5/3/2023
79-8-202.
Creation of grant program.
(1)
(a) There is created the "Recreation Restoration Infrastructure Grant Program" administered by the division.
(b) Subject to Subsection (1)(c), 15% of the unencumbered amount in the Outdoor Recreation Infrastructure Account, created in Section 79-8-106, at the beginning of each fiscal year may be used for the grant program.
(c) The percentage outlined in Subsection (1)(b) may be increased or decreased at the beginning of a fiscal year if approved by the executive director after consultation with the director and the advisory committee.
(2) The division may seek to accomplish the following objectives in administering the grant program:
(a) rehabilitate or restore high priority trails for both motorized and nonmotorized uses;
(b) rehabilitate or restore high demand recreation areas on public lands; and
(c) encourage the public land entities to engage with volunteer groups to aid with portions of needed trail work.
(3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division shall make rules, after consulting with the advisory committee, establishing the eligibility and reporting criteria for an entity to receive a recreation restoration infrastructure grant, including:
(a) the form and process of submitting annual project proposals to the division for a recreation restoration infrastructure grant;
(b) which entities are eligible to apply for a recreation restoration infrastructure grant;
(c) specific categories of recreation restoration projects that are eligible for a recreation restoration infrastructure grant;
(d) the method and formula for determining recreation restoration infrastructure grant amounts; and
(e) the reporting requirements of a recipient of a recreation restoration infrastructure grant.
Amended by Chapter 48, 2023 General Session
2023 Utah Code › Title 79 - Natural Resources › Chapter 8 - Outdoor Recreation Grants › Part 2 - Recreation Restoration Infrastructure Grant Program › Section 203 - Award of recreation restoration infrastructure grants.

Effective 7/1/2021
79-8-203.
Award of recreation restoration infrastructure grants.
(1) In determining the award of a recreation restoration infrastructure grant, the advisory committee shall prioritize projects that the advisory committee considers to be high demand outdoor recreation amenities or high priority trails.
(2) The division may give special consideration to projects from qualified applicants within rural counties to ensure geographic parity of the awarded money.
(3)
(a) An applicant shall use a recreation restoration infrastructure grant to leverage private and other nonstate public money and the division may give priority to projects that exceed a 50% match from the applicant.
(b) Leverage includes cash, resources, goods, or services necessary to complete a project.
(c) The division shall apply money from a cooperative agreement entered into with the United States Department of Agriculture or the United States Department of the Interior as a portion of the applicant's match.
(4) A recreation restoration infrastructure grant may only be awarded by the executive director after consultation with the director and the advisory committee.
(5) A recreation restoration infrastructure grant is available for rehabilitation or restoration projects for high demand outdoor recreation amenities and high priority trails that relate directly to the visitor including:
(a) a trail, trail head infrastructure, signage, and crossing infrastructure, for both nonmotorized and motorized recreation;
(b) a campground or picnic area;
(c) water recreation infrastructure, including a pier, dock, or boat ramp; and
(d) recreation facilities that are accessible to visitors with disabilities.
(6) The following are not eligible for a recreation restoration infrastructure grant:
(a) general facility operations and administrative costs;
(b) land acquisitions;
(c) visitor facilities, as defined by the division by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
(d) water and utility systems; and
(e) employee housing.
(7) The division shall compile data and report to the Business, Economic Development, and Labor Appropriations Subcommittee on the:
(a) effectiveness of the grant program in addressing the deferred maintenance and repair backlog of trails, campgrounds, and other recreation amenities on public lands;
(b) estimated value of the rehabilitation or restoration projects;
(c) number of miles of trails that are rehabilitated or restored; and
(d) leverage of state money to federal and private money and in-kind services such as volunteer labor.
Renumbered and Amended by Chapter 280, 2021 General Session
2023 Utah Code › Title 79 - Natural Resources › Chapter 8 - Outdoor Recreation Grants › Part 3 - Utah Children's Outdoor Recreation and Education Grant Program › Section 301 - Title.

Effective 7/1/2021
79-8-301.
Title.
This part is known as the "Utah Children's Outdoor Recreation and Education Grant Program."
Renumbered and Amended by Chapter 280, 2021 General Session
2023 Utah Code › Title 79 - Natural Resources › Chapter 8 - Outdoor Recreation Grants › Part 3 - Utah Children's Outdoor Recreation and Education Grant Program › Section 302 - Creation and purpose of the UCORE grant program.

Effective 7/1/2022
79-8-302.
Creation and purpose of the UCORE grant program.
(1) There is created the Utah Children's Outdoor Recreation and Education Grant Program administered by the division.
(2) The division may seek to accomplish the following objectives in administering the UCORE grant program:
(a) promote the health and social benefits of outdoor recreation to the state's children;
(b) encourage children to develop the skills and confidence to be physically active for life;
(c) provide outdoor recreational opportunities to underserved communities in the state; and
(d) encourage hands-on outdoor or nature-based learning and play to prepare children for achievement in science, technology, engineering, and math.
Amended by Chapter 68, 2022 General Session
2023 Utah Code › Title 79 - Natural Resources › Chapter 8 - Outdoor Recreation Grants › Part 3 - Utah Children's Outdoor Recreation and Education Grant Program › Section 303 - Rulemaking and requirements for awarding a UCORE grant.

Effective 7/1/2022
79-8-303.
Rulemaking and requirements for awarding a UCORE grant.
(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division, after consulting with the advisory committee, shall make rules establishing the eligibility and reporting criteria for an entity to receive a UCORE grant, including:
(a) the form and process of submitting an application to the division for a UCORE grant;
(b) which entities are eligible to apply for a UCORE grant;
(c) specific categories of children's programs that are eligible for a UCORE grant;
(d) the method and formula for determining grant amounts; and
(e) the reporting requirements of grant recipients.
(2) In determining the award of a UCORE grant, the division may prioritize a children's program that will serve an underserved community in the state.
(3) A UCORE grant may only be awarded by the executive director after consultation with the director and the advisory committee.
(4) The following entities may not receive a UCORE grant under this part:
(a) a federal government entity;
(b) a state agency, except for public schools and institutions of higher education; and
(c) a for-profit entity.
(5) In awarding UCORE grants, consideration shall be given to entities that implement programs that:
(a) contribute to healthy and active lifestyles through outdoor recreation; and
(b) include one or more of the following attributes in their programs or initiatives:
(i) serve children with the greatest needs in rural, suburban, and urban areas of the state;
(ii) provide students with opportunities to directly experience nature;
(iii) maximize the number of children who can participate;
(iv) commit matching and in-kind resources;
(v) create partnerships with public and private entities;
(vi) include ongoing program evaluation and assessment;
(vii) use veterans in program implementation;
(viii) include outdoor or nature-based programming that incorporates concept learning in science, technology, engineering, or math; or
(ix) use educated volunteers in program implementation.
Amended by Chapter 68, 2022 General Session
2023 Utah Code › Title 79 - Natural Resources › Chapter 8 - Outdoor Recreation Grants › Part 3 - Utah Children's Outdoor Recreation and Education Grant Program › Section 304 - Utah Children's Outdoor Recreation and Education Fund -- Uses -- Costs.

Effective 7/1/2022
79-8-304.
Utah Children's Outdoor Recreation and Education Fund -- Uses -- Costs.
(1) There is created an expendable special revenue fund known as the "Utah Children's Outdoor Recreation and Education Fund," which the division shall use to fund the Utah Children's Outdoor Recreation and Education Grant Program created in Section 79-8-302.
(2) The fund consists of:
(a) appropriations made by the Legislature;
(b) interest earned on the account; and
(c) private donations, grants, gifts, bequests, or money made available from any other source to implement this part.
(3) The division shall, with the advice of the advisory committee, administer the fund.
(4) The cost of administering the fund shall be paid from money in the fund.
(5) Interest accrued from investment of money in the fund shall remain in the fund.
Amended by Chapter 68, 2022 General Session
2023 Utah Code › Title 79 - Natural Resources › Chapter 8 - Outdoor Recreation Grants › Part 4 - Outdoor Recreational Infrastructure Grant Program › Section 401 - Creation and purpose of infrastructure grant program.

Affected by 63I-1-279 on 1/1/2028
Effective 7/1/2022
79-8-401.
Creation and purpose of infrastructure grant program.
(1) There is created the Outdoor Recreational Infrastructure Grant Program administered by the division.
(2) The division may seek to accomplish the following objectives in administering the infrastructure grant program:
(a) build, maintain, and promote recreational infrastructure to provide greater access to low-cost outdoor recreation for the state's citizens;
(b) encourage residents and nonresidents of the state to take advantage of the beauty of Utah's outdoors;
(c) encourage individuals and businesses to relocate to the state;
(d) promote outdoor exercise; and
(e) provide outdoor recreational opportunities to an underserved community in the state.
(3) The advisory committee shall advise and make recommendations to the division regarding infrastructure grants.
Renumbered and Amended by Chapter 68, 2022 General Session
2023 Utah Code › Title 79 - Natural Resources › Chapter 8 - Outdoor Recreation Grants › Part 4 - Outdoor Recreational Infrastructure Grant Program › Section 402 - Rulemaking and requirements for awarding an infrastructure grant.

Affected by 63I-1-279 on 1/1/2028
Effective 5/3/2023
79-8-402.
Rulemaking and requirements for awarding an infrastructure grant.
(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and after consultation with the advisory committee, the division shall make rules establishing the eligibility and reporting criteria for an entity to receive an infrastructure grant, including:
(a) the form and process of submitting an application to the division for an infrastructure grant;
(b) which entities are eligible to apply for an infrastructure grant;
(c) specific categories of recreational infrastructure projects that are eligible for an infrastructure grant;
(d) the method and formula for determining grant amounts; and
(e) the reporting requirements of grant recipients.
(2) In determining the award of an infrastructure grant, the division may prioritize a recreational infrastructure project that will serve an underserved community.
(3) An infrastructure grant may only be awarded by the executive director after consultation with the director and the advisory committee.
(4) A for-profit entity may not receive an infrastructure grant under this part.
(5) An infrastructure grant may only be awarded under this part:
(a) for a recreational infrastructure project that is accessible to the general public; and
(b) subject to Subsections (6) and (7), if the grant recipient agrees to provide matching funds having a value:
(i) equal to or greater than the amount of the infrastructure grant; or
(ii) established in accordance with rules made by the division, after consultation with the advisory committee, and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(6) Up to 50% of the grant recipient match described in Subsection (5)(b) may be provided through an in-kind contribution by the grant recipient, if:
(a) approved by the executive director after consultation with the director and the advisory committee; and
(b) the in-kind donation does not include real property.
(7) An infrastructure grant may not be awarded under this part if the grant, or the grant recipient match described in Subsection (5)(b), will be used for the purchase of real property or for the purchase or transfer of a conservation easement.
Amended by Chapter 48, 2023 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 1 - General Provisions › Section 103 - Cooperation of political subdivisions and public or private agencies and organizations.

Effective 5/3/2023
80-1-103.
Cooperation of political subdivisions and public or private agencies and organizations.
(1) Every county, municipality, and school district, and the Department of Health and Human Services, the Division of Juvenile Justice and Youth Services, the Division of Child and Family Services, the Office of Substance Use and Mental Health, the State Board of Education, and state and local law enforcement officers, shall render all assistance and cooperation within their jurisdiction and power to further the provisions of this title.
(2) A juvenile court is authorized to seek the cooperation of all agencies and organizations, public or private, whose objective is the protection or aid of minors.
Amended by Chapter 330, 2023 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 2 - Child Welfare Services › Part 2 - Division of Child and Family Services › Section 201 - Creation of division.

Effective 9/1/2022
80-2-201.
Creation of division.
(1) There is created the Division of Child and Family Services within the department.
(2) The division is under the administration and general supervision of the executive director of the department.
(3) The division has all functions, powers, duties, rights, and responsibilities described in this chapter and Chapter 2a, Removal and Protective Custody of a Child, except those assumed by the department.
Renumbered and Amended by Chapter 334, 2022 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 2 - Child Welfare Services › Part 2 - Division of Child and Family Services › Section 202 - Division director -- Qualifications -- Responsibilities.

Effective 9/1/2022
80-2-202.
Division director -- Qualifications -- Responsibilities.
(1) The executive director of the department shall appoint the director of the division.
(2) The director shall have a bachelor's degree from an accredited university or college, be experienced in administration, and be knowledgeable in the areas of child and family services, including child protective services, family preservation, and foster care.
(3) The director is the administrative head of the division.
Renumbered and Amended by Chapter 334, 2022 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 2 - Child Welfare Services › Part 3 - Division Responsibilities › Section 302 - Division rulemaking authority -- Family impact statement.

Effective 9/1/2022
80-2-302.
Division rulemaking authority -- Family impact statement.
(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division shall make rules:
(a) that establish the process for:
(i) determination of eligibility for services offered by the division in accordance with this chapter and Chapter 2a, Removal and Protective Custody of a Child; and
(ii) approval of fee schedules for programs within the division;
(b) to ensure that private citizens, consumers, foster parents, private contract providers, allied state and local agencies, and others are provided with an opportunity to comment and provide input regarding any new rule or proposed revision of an existing rule;
(c) that provide a mechanism for:
(i) systematic and regular review of existing rules, including an annual review of all division rules to ensure that the rules comply with applicable statutory provisions; and
(ii) consideration of rule changes proposed by the persons described in Subsection (1)(b);
(d) regarding:
(i) placement for adoption or foster care that are consistent with, and no more restrictive than, applicable statutory provisions;
(ii) abuse, neglect, and dependency proceedings; and
(iii) domestic violence services provided by the division; and
(e) that establish procedures to accommodate the moral and religious beliefs, and culture, of the minors and families that the division serves, including:
(i) the immediate family and other relatives of a minor who is in protective custody, temporary custody, or custody of the division, or otherwise under the jurisdiction of the juvenile court;
(ii) a foster and other out-of-home placement family; and
(iii) an adoptive family.
(2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division may make rules that establish:
(a) eligibility standards for consumers of division services; or
(b) requirements for a program described in Subsection 80-2-301(4)(a)(iv).
(3)
(a) If the division establishes a rule in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division shall include an assessment of the impact of the rule on families, including the impact on the authority of a parent to oversee the care, supervision, upbringing, or education of a child in the parent's custody.
(b) The division shall publish a family impact statement describing the assessment described in Subsection (3)(a) in the Utah State Bulletin within 90 days after the day on which the rule described in Subsection (3)(a) is established.
Renumbered and Amended by Chapter 334, 2022 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 2 - Child Welfare Services › Part 3 - Division Responsibilities › Section 303 - Division enforcement authority -- Attorney general responsibilities.

Effective 9/1/2022
80-2-303.
Division enforcement authority -- Attorney general responsibilities.
(1) The division shall take legal action that is necessary to enforce this chapter and Chapter 2a, Removal and Protective Custody of a Child.
(2)
(a) Subject to Section 67-5-17 and the attorney general's prosecutorial discretion in civil enforcement actions, the attorney general shall enforce this chapter, Chapter 2a, Removal and Protective Custody of a Child, Chapter 3, Abuse, Neglect, and Dependency Proceedings, and Chapter 4, Termination and Restoration of Parental Rights, relating to protection or custody of an abused, neglected, or dependent minor and the termination of parental rights.
(b) The attorney general may contract with the local county attorney to enforce this chapter, Chapter 2a, Removal and Protective Custody of a Child, Chapter 3, Abuse, Neglect, and Dependency Proceedings, and Chapter 4, Termination and Restoration of Parental Rights.
(c) It is the responsibility of the attorney general's office to:
(i) advise the division regarding decisions to remove a minor from the minor's home;
(ii) represent the division in all court and administrative proceedings related to abuse, neglect, or dependency including, but not limited to, shelter hearings, dispositional hearings, dispositional review hearings, periodic review hearings, and petitions for termination of parental rights; and
(iii) be available to and advise child welfare caseworkers on an ongoing basis.
(d)
(i) The attorney general shall designate no less than 16 full-time attorneys to advise and represent the division in abuse, neglect, and dependency proceedings, including petitions for termination of parental rights.
(ii) The attorneys described in Subsection (2)(d)(i) shall devote full time and attention to the representation described in Subsection (2)(d)(i) and, insofar as it is practicable, be housed in or near various offices of the division statewide.
(3) The attorney general's office shall represent the division in an action:
(a) involving a minor who has not been adjudicated as abused or neglected, but who is placed in the custody of the division by the juvenile court primarily on the basis of delinquent behavior or a status offense; or
(b) for reimbursement of funds from a parent or guardian under Subsection 80-2-301(2)(l).
(c) This section does not affect the responsibility of the county attorney or district attorney to represent the state in the matters described in Subsection (3)(a).
Renumbered and Amended by Chapter 334, 2022 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 2 - Child Welfare Services › Part 3 - Division Responsibilities › Section 304 - Administrative proceedings.

Effective 9/1/2022
80-2-304.
Administrative proceedings.
The department and division shall comply with the procedures and requirements of Title 63G, Chapter 4, Administrative Procedures Act, in the department's or division's adjudicative proceedings.
Renumbered and Amended by Chapter 334, 2022 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 2 - Child Welfare Services › Part 3 - Division Responsibilities › Section 305 - Fraudulently obtained services -- Division recovery -- Agreement with Office of Recovery Services.

Effective 9/1/2022
80-2-305.
Fraudulently obtained services -- Division recovery -- Agreement with Office of Recovery Services.
(1) If it is discovered that a person is fraudulently obtaining, or has fraudulently obtained, services offered by the division in accordance with this chapter or Chapter 2a, Removal and Protective Custody of a Child, the division shall take all necessary steps, including legal action through the attorney general, to recover all money or the value of services fraudulently obtained.
(2) The division may establish an agreement with the Office of Recovery Services to fulfill the requirements of this section.
Renumbered and Amended by Chapter 334, 2022 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 2 - Child Welfare Services › Part 3 - Division Responsibilities › Section 307 - Division reimbursement of motor vehicle insurance coverage for a foster child.

Effective 9/1/2022
80-2-307.
Division reimbursement of motor vehicle insurance coverage for a foster child.
(1) Within the amounts appropriated to the division for the purposes described in this section, the division may reimburse a foster parent for providing owner's or operator's security covering a foster child's operation of a motor vehicle in amounts required under Section 31A-22-304 if the foster child is in the protective custody, temporary custody, or custody of the division.
(2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division shall make rules establishing:
(a) a procedure for providing the reimbursement to a foster parent described in Subsection (1);
(b) eligibility requirements for a foster parent to qualify for a reimbursement under this section; and
(c) a method for determining the amount of reimbursement that a foster parent is eligible to receive under this section.
Renumbered and Amended by Chapter 334, 2022 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 2 - Child Welfare Services › Part 4 - Division Employees and Volunteers › Section 401 - Division employees -- Failure to comply with law or division rule or policy -- Termination.

Effective 9/1/2022
80-2-401.
Division employees -- Failure to comply with law or division rule or policy -- Termination.
(1) The director shall ensure that an employee is fully trained to comply with state and federal law, administrative rules made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and division policy in order to effectively carry out the employee's assigned duties and functions.
(2) If, after training and supervision, an employee consistently fails to comply with laws, rules, or policies, the employee's employment with the division shall be terminated.
Renumbered and Amended by Chapter 334, 2022 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 2 - Child Welfare Services › Part 4 - Division Employees and Volunteers › Section 403 - Child welfare caseworker safety and risk assessments.

Effective 9/1/2022
80-2-403.
Child welfare caseworker safety and risk assessments.
(1) A child welfare caseworker within the division shall use evidence-informed or evidence-based safety and risk assessments to guide decisions concerning a child throughout a child protection investigation or proceeding.
(2) As part of an evidence-informed or evidence-based safety and risk assessment, the child welfare caseworker shall assess at least the following:
(a) threat to the child's safety;
(b) protective capabilities of a parent or guardian, including the parent or guardian's readiness, willingness, and ability to plan for the child's safety;
(c) the child's particular vulnerabilities;
(d) interventions required to protect the child; and
(e) likelihood of future harm to the child.
Renumbered and Amended by Chapter 334, 2022 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 2 - Child Welfare Services › Part 4 - Division Employees and Volunteers › Section 404 - Division volunteers -- Reimbursement.

Effective 9/1/2022
80-2-404.
Division volunteers -- Reimbursement.
(1) The division may:
(a) accept and use volunteer labor or services;
(b) reimburse volunteers for necessary expenses, including transportation, and provide recognition awards and meals for services rendered; and
(c) cooperate with volunteer organizations in collecting funds to be used in the volunteer program.
(2) The funds donated under Section (1)(c) are considered private, nonlapsing funds until used by the division, and may be invested under guidelines established by the state treasurer.
Renumbered and Amended by Chapter 334, 2022 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 2 - Child Welfare Services › Part 5 - Funds, Accounts, and Grant Programs › Section 501 - Children's Account.

Effective 5/3/2023
80-2-501.
Children's Account.
(1) There is created a restricted account within the General Fund known as the "Children's Account."
(2) The account shall be funded by:
(a) appropriations to the account by the Legislature;
(b) revenues received under Section 26B-8-112; and
(c) transfers, grants, gifts, bequests, or any money made available from any source for the abuse and neglect prevention programs described in Section 80-2-503.
(3) The Legislature shall appropriate money in the account to the division.
(4)
(a) The director shall consult with the executive director of the department before using the funds in the account as described in this section.
(b) Except as provided in Subsection (5), the account may be used only to implement prevention programs described in Section 80-2-503, and may only be allocated to an entity that provides a one-to-one match, comprising a match from the community of at least 50% in cash and up to 50% in in-kind donations, which is 25% of the total funding received from the account.
(5) Upon recommendation of the executive director of the department and the council, the division may reduce or waive the match requirements described in Subsection (4) for an entity, if the division determines that imposing the requirements would prohibit or limit the provision of services needed in a particular geographic area.
Amended by Chapter 139, 2023 General Session
Amended by Chapter 330, 2023 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 2 - Child Welfare Services › Part 6 - Child Abuse and Neglect Reports › Section 601 - Legislative purpose.

Effective 9/1/2022
80-2-601.
Legislative purpose.
It is the purpose of this part to protect the best interests of children, offer protective services to prevent harm to children, stabilize the home environment, preserve family life whenever possible, and encourage cooperation among the states in dealing with the problem of abuse or neglect.
Renumbered and Amended by Chapter 334, 2022 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 2 - Child Welfare Services › Part 6 - Child Abuse and Neglect Reports › Section 603 - Fetal alcohol syndrome or spectrum disorder and drug dependency reporting requirements.

Effective 5/3/2023
80-2-603.
Fetal alcohol syndrome or spectrum disorder and drug dependency reporting requirements.
(1) As used in this section:
(a) "Health care provider" means:
(i) an individual licensed under:
(A)Title 58, Chapter 31b, Nurse Practice Act;
(B)Title 58, Chapter 44a, Nurse Midwife Practice Act;
(C)Title 58, Chapter 67, Utah Medical Practice Act;
(D)Title 58, Chapter 68, Utah Osteopathic Medical Practice Act;
(E)Title 58, Chapter 70a, Utah Physician Assistant Act; or
(F)Title 58, Chapter 77, Direct-Entry Midwife Act; or
(ii) an unlicensed individual who practices midwifery.
(b) "Newborn child" means a child who is 30 days old or younger.
(c) "Recommending medical provider" means the same as that term is defined in Section 26B-4-201.
(d)
(i) "Substance abuse" means, except as provided in Subsection (1)(d)(ii), the same as that term is defined in Section 80-1-102.
(ii) "Substance abuse" does not include use of drugs or other substances that are:
(A) obtained by lawful prescription and used as prescribed; or
(B) obtained in accordance with Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis, and used as recommended by a recommending medical provider.
(2) A health care provider who attends the birth of a newborn child or cares for a newborn child and determines the following, shall report the determination to the division as soon as possible:
(a) the newborn child:
(i) is adversely affected by the child's mother's substance abuse during pregnancy;
(ii) has fetal alcohol syndrome or fetal alcohol spectrum disorder; or
(iii) demonstrates drug or alcohol withdrawal symptoms; or
(b) the parent of the newborn child or a person responsible for the child's care demonstrates functional impairment or an inability to care for the child as a result of the parent's or person's substance abuse.
(3) The physician-patient privilege does not:
(a) excuse an individual who is licensed under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act, from reporting under this section; or
(b) constitute grounds for excluding evidence regarding the child's injuries, or the cause of the child's injuries, in a judicial or administrative proceeding resulting from a report under this section.
Amended by Chapter 330, 2023 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 2 - Child Welfare Services › Part 6 - Child Abuse and Neglect Reports › Section 604 - Death of a child reporting requirements.

Effective 5/3/2023
80-2-604.
Death of a child reporting requirements.
(1) A person who has reason to believe that a child has died as a result of abuse or neglect shall report that fact to:
(a) the local law enforcement agency; and
(b) the appropriate medical examiner in accordance with Title 26B, Chapter 8, Part 2, Utah Medical Examiner.
(2) After receiving a report described in Subsection (1):
(a) the local law enforcement agency shall report to the county attorney or district attorney as provided under Section 17-18a-202 or 17-18a-203; and
(b) the medical examiner shall investigate and report the medical examiner's findings to:
(i) the police;
(ii) the appropriate county attorney or district attorney;
(iii) the attorney general's office;
(iv) the division; and
(v) if the institution making the report is a hospital, to the hospital.
Amended by Chapter 330, 2023 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 2 - Child Welfare Services › Part 6 - Child Abuse and Neglect Reports › Section 605 - Physician removal of a child -- Reporting requirements.

Effective 9/1/2022
80-2-605.
Physician removal of a child -- Reporting requirements.
(1) Subject to Subsection (3), a physician examining or treating a child may take the child into custody, without the consent of the child's parent, guardian, or any other person responsible for the child's care or exercising temporary or permanent control over the child, if the physician has reason to believe that the child's life or safety will be in danger unless the child is taken into custody.
(2)
(a) Subject to Subsection (3), the person in charge of a hospital or similar medical facility may retain custody of a child taken into custody under Subsection (1) if the person reasonably believes the circumstances warrant retention of custody.
(b) The person may take the action described in Subsection (2)(a) regardless of whether additional medical treatment is required for the child or the person responsible for the child's care requests the child's return.
(3) Custody of a child under this section may not exceed 72 hours without an order of the juvenile court.
(4) A person who takes a child into, or retains a child in, custody under this section shall:
(a) immediately notify the division that the child is in the person's custody; and
(b) document:
(i) the grounds upon which the child was taken into, or retained in, custody; and
(ii) the nature of, and necessity for, any medical care or treatment provided to the child.
Renumbered and Amended by Chapter 334, 2022 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 2 - Child Welfare Services › Part 6 - Child Abuse and Neglect Reports › Section 606 - Written reports.

Effective 9/1/2022
80-2-606.
Written reports.
(1)
(a) A person who orally reports under Section 80-2-602, 80-2-603, or 80-2-604 shall, upon request of the division, provide the division with a written version of the oral report.
(b) The person shall provide the written report within 48 hours after the division's request.
(2) If, in connection with an intended or completed abortion, a physician is required to make a report of incest or abuse of a minor, the report may not include information that would in any way disclose that the report was made in connection with:
(a) an abortion; or
(b) a consultation regarding an abortion.
(3) The division shall, immediately after receipt, forward a copy of a written report to the state child abuse and neglect registry on a form supplied by the registry.
Renumbered and Amended by Chapter 334, 2022 General Session