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House adopts substitute to add pre‑removal juvenile hearing for long‑term foster placements

Utah House of Representatives · March 1, 2010
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Summary

A second substitute to HB 170 passed unanimously in the House,adding a requirement that for children placed two or more years the juvenile court judge of record hear pre‑removal appeals within 10 days; sponsors said the change balances due process with child‑safety and federal funding concerns.

On Feb. 26 the Utah House approved a second substitute to House Bill 170, a foster care revisions measure designed to add procedural protections for long‑term foster placements while avoiding potential loss of federal funding.

Sponsor Representative Carrie Gibson described a case in her district where a child who had lived with a foster family for seven years was removed; the substitute narrows remedies by requiring a pre‑removal hearing before the juvenile court judge of record for children placed two or more years, and expressly makes it unlawful to encourage third‑party licensing actions intended to evade the statute. ‘‘My intent with the original bill was…that they should have at least similar legal rights upon removal as would a birth family,’’ Gibson said; she then explained changes adopted to avoid risking federal funds.

Members debated whether legislative findings should be retained and whether the substitute adequately safeguards children while protecting federal funding streams. Representative Harper urged combining elements of the original and substitute in future work; several members praised the sponsor’s compromise. The House passed the second substitute by voice and a floor vote recorded the final passage at 71-0; the measure will proceed to the Senate for consideration.