House amends and passes bill to hold legal guardians responsible for detention costs after 24-hour retrieval window

The Utah House on Feb. 19 amended and passed House Bill 247, a bill intended to reduce overcrowding in juvenile detention centers by making parents, legal guardians or legal custodians responsible for the cost of care if they fail to retrieve a child within 24 hours of notification. Representative Larson, sponsor of the bill, told the chamber the measure aims to speed family reunification and reduce the opportunity for first-time offenders to mix with chronic offenders.

Larson said the change would not create revenue but could save detention centers thousands of dollars annually by reducing unnecessary stays. He cited 1991 figures from a detention facility where roughly 2,000 juveniles were booked and about 12 percent of parents failed to retrieve a child after release, costing the facility roughly $38,000.

Lawmakers questioned the bill’s language about who may be billed. Representative Wadhams asked how many detention centers exist statewide; Larson listed several and estimated five or six. Members also expressed concern about a provision that left cost determination to the facility. Larson said the budget is set by state youth corrections and said the current cost of care is about $90 per day.

Debate centered on the definition of 'custodian' and whether the bill should impose financial obligation on casual caretakers. Several members argued the statute should limit liability to those with a legal obligation. Representative Wyber and others moved a substitute amendment to insert the word 'legal' before 'guardian' and 'custodian' in multiple places; that substitute motion passed. The amendment narrowed the class of people who could be billed to legal guardians or legal custodians rather than informal caretakers notified after release.

After the amendment, members waived further summation, voting was opened and closed, and House Bill 247 passed the House with 63 yes votes and 0 negative votes. The bill was referred to the Senate for further action.

Lawmakers said the bill is intended to relieve overcrowding and encourage prompt family involvement; opponents cautioned language must not impose unintended liabilities on relatives or informal caretakers who merely consented to pickup but did not have legal custody.