Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Family Law Child Testimony topic
No spam. Unsubscribe anytime.
House narrows circumstances for child testimony in divorce; SB 106 passes
Summary
The House passed a first substitute to SB 106 limiting when a child may testify in divorce proceedings to rare, "extenuating" circumstances and clarifying how a child's expressed preferences (for age 16 and older) are weighed; debate included both support for protecting children and concern about the bill's open‑ended language.
On March 4 the Utah House passed the first substitute to Senate Bill 106, which restricts occasions when a child may be required to testify in divorce proceedings and adds language to guide courts on how to weigh a child's preferences.
Representative Bennion, sponsor of the bill, told the chamber the proposal "makes those small changes so that if there is a circumstance where the court determines that the testimony of the child is relevant because of an extenuating matter, the child's testimony can be given." He emphasized the change is intended to allow testimony only in rare, extenuating circumstances.
Some members expressed concern the bill, as drafted, could allow very young children to testify. Representative Shurtleff asked, "As I'm reading this, there's no age requirement on this... could a child that young? 4 or 5 years old to testify?" Bennion replied that the provision allows testimony in limited extenuating circumstances and that existing protections (such as in‑camera interviews) remain in place. Representative Dayton said he was "very uncomfortable with this bill," adding, "I can't think of any time in my life when I felt like I wanted to testify against one parent or the other."
Supporters argued the bill actually makes it less likely children will testify by adding an extenuating‑circumstances requirement and by leaving ultimate discretion to the judge. Representative Daniels said the bill's intention "is to keep children from testifying... only in the rarest of circumstances."
The House recorded the final vote on the first substitute SB 106 as 63 yes and 7 no; the measure passed and was referred to the Senate for further consideration.
Next steps: SB 106 will go back to the Senate for any further action or concurrence.
