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House approves bill asking courts to check for gang ties when placing removed children
Summary
Lawmakers voted to require courts to consider whether a proposed placement home is associated with gang activity when placing a child removed from the home; supporters framed the change as a narrow check, sponsor said it would not change removal criteria.
Representative Eric Hutchings introduced House Bill 303, described as a targeted change asking courts to consider gang affiliation when placing a removed child in another home. "What it says is that if a parent of a child gets in trouble criminally and the children are removed from the home ... the court will consider whether or not the home that they are placing that child in is a gang house," Hutchings said, stressing the bill does not change the removal standards.
Questions from colleagues focused on definition and scope. Representative Litback and others asked how the bill would treat mere association with gang members—neighbors or relatives who are not themselves active criminals—and whether the language risked infringing constitutional association protections. Hutchings replied the definition used on the bill was taken "word for word from the Salt Lake County Metro Gang Unit" and requires a pattern of criminal activity and an atmosphere of fear and intimidation.
Representative Hutchings said the intent was to send a "first shot across the bow" to organized gang activity and to ensure placement decisions protect children. After debate the House passed HB303 by a recorded vote, 62 yes to 8 no, and the bill was forwarded to the Senate for further consideration.
