House passes guardianship amendments tightening court role, allowing fee awards for frivolous school objections

The Utah House on March 1 approved first substitute House Bill 355, a package of technical and substantive changes to legal-guardianship law that sponsors say will protect children and reduce repetitive litigation. The bill, sponsored on the floor by Representative Stephen Sandstrom, passed 43–26 and will be transmitted to the Senate.

Sponsor Stephen Sandstrom told colleagues the bill ‘‘just makes some minor changes to legal guardianship provisions that we have here in the state of Utah,’’ including language designed to let courts, not school districts, make final custody and residency determinations for out‑of‑state children living with Utah guardians. Sandstrom said the measure would allow the Division of Child and Family Services and the courts to mark a file to show an individual has been cleared for employment purposes without expunging the underlying record.

Supporters said the bill reduces needless burdens on families who take on guardianship for legitimate reasons, such as military deployments or temporary caretaking for athletic or education opportunities. Representative Kiff described negotiated changes in committee, noting ‘‘the standard of proof was changed from clear and convincing evidence ... to a simple preponderance of the evidence,’’ and that the provision authorizing fee awards was limited so fees would be available only if a district’s position ‘‘lacked a reasonable basis in law or fact.’’

Opponents urged further study and cautioned the change could affect school funding and enrollment practices. Representative Black said the House should ‘‘know exactly how many of these students are impacting what’s going on in our public schools’’ before changing the statutory framework. During floor questioning, members pressed the sponsor for clarity on whether limited powers of attorney could substitute for guardianship in specific medical and educational contexts; Sandstrom responded that in some cases only full guardianship gives the necessary authority.

Floor exchanges also flagged a practical concern raised by critics: the cost and intent behind out‑of‑state sporting and enrichment programs. In the course of debate Sandstrom referenced an example, saying one such hockey program ‘‘is right around $12,000,’’ and members discussed whether guardianship could be used to avoid out‑of‑state tuition obligations.

The bill keeps existing protections for severe abuse cases on the child‑abuse database while creating an administrative mechanism to mark that a person has been cleared for employment purposes in certain situations. After summation was waived, the House voted to pass the bill; the floor clerk recorded 43 yes and 26 no votes.

The measure will next be considered by the Utah Senate.