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Utah House approves second substitute of HB 286 to expand child-abuse prevention training with parental notification and opt-out

Utah House of Representatives · February 27, 2014
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Summary

The Utah House on Feb. 26 passed Second Substitute House Bill 286 to provide parent, teacher and student education aimed at preventing child sexual abuse; the floor debate centered on whether parental opt-out or prior written consent (opt-in) should apply. The bill passed 73–0 and returns to the Senate.

The Utah House on Feb. 26 approved Second Substitute House Bill 286, a package of training and notification measures aimed at preventing child sexual abuse in schools.

Representative Angela Romero, the bill sponsor, told colleagues the proposal would provide training and resources for parents, preventive training for teachers to spot signs of abuse, and age-appropriate education for students so they know how to report abuse. "This bill provides training and resources to parents so that they have the tools to have conversations with their children," Romero said in floor remarks.

Supporters said the measure addresses silence around abuse. "Only 1 in 10 abused children tell somebody," Romero said in summation, urging the body to approve the bill. Several members described the bill as a way to "open up a dialogue" and to give teachers and other trusted adults tools to identify and refer at-risk children.

The House debated a string of amendments and procedural motions before final passage. Representative Moss moved Amendment 1 (dated Feb. 26), described on the floor as a compromise with the Senate sponsor; that amendment was adopted by voice vote. Later, Representatives proposed and debated language that would change the parental-notification framework from the opt-out approach in the bill to a strict prior written consent (opt-in) requirement. Representative Christiansen offered language to require "the parent gives their prior written consent," but the substitute motion to insert the opt-in language was defeated by division; the clerk recorded 28 yes and 44 no on the substitute and it failed.

Sponsor Romero and others said the bill as amended requires advance notification of elementary instruction, an opportunity for parents to review materials and a written request excusing a student from that instruction (an opt-out), while opponents of that approach argued some parents who are perpetrators could block protective education. Romero said the Senate sponsor supported opt-out provisions and that existing elementary programs use opt-out mechanisms.

After floor debate and a summation by Romero, Second Substitute HB 286 passed the House 73–0 and will be transmitted to the Senate for further consideration.

Clarifying details: the floor text cited specific notice mechanics for elementary students — lines discussed on the floor stated that "an elementary student may not be given the instruction described in subsection 4 unless the parent or guardian of the student is notified in advance ... and [is] given an opportunity to review the instruction materials before the instruction occurs. Upon the written request of a parent or guardian of an elementary student, the student shall be excused from the instruction described in subsection 4." The transcript records competing factual claims about prevalence (sponsor cited "a child is abused every 6 minutes in the United States"), which were used in argument but not adjudicated on the floor.

Next steps: HB 286, as passed by the House, will be transmitted back to the Senate for consideration there.