Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Child Custody topic
No spam. Unsubscribe anytime.
Senate Sends Custody-Domestic Violence Measure Back to Judiciary for More Hearings
Summary
On Feb. 9, 1996 the Utah Senate agreed to return first-substitute S.B. 88, a bill bringing custody-related court-rule language into statute, to the Judiciary Committee for additional public hearings after extended floor debate about legal clarity and public input.
Senator Millie Peterson moved on Feb. 9 that first-substitute S.B. 88 — which would move elements of court rule into statute, including consideration of domestic violence in custody decisions and factors meant to keep siblings together — be sent back to the Judiciary Committee for more public hearings.
The bill's sponsor, Senator Millie Peterson, said the substitute adds material from an administrative court rule (Rule 4-903, Uniform Custody Evaluations) into statute so those provisions are accessible to the public and formally part of state law. "The rule in this matter is taken from the Code of Judicial Administration," Peterson said, arguing the change would make custody factors publicly available rather than hidden in administrative rules.
Opponents on the floor urged caution. Senator Lyle Hilliard said the substitute had not had the committee-level study he thought necessary for such a technical area. "When we enact these kinds of laws in very complicated areas — and I've done enough of these child custody cases — there's all sorts of questions raised," Hilliard said, adding that moving rule language into statute could create conflicts with existing case law and that the substitute lacked broader stakeholder input.
Other senators pressed for clarification about whether statutory language would supersede case law and how terms such as "moral character" and "significant impairment" would be interpreted in practice. Senator Peterson said parts of the rule already exist in statute and that the intent was to clarify expectations for custody decisions; she offered to return the bill to the Judiciary Committee for a second public hearing.
The Senate voted to send S.B. 88 back to Judiciary with instructions that it be placed at the top of that committee's calendar and that at least 24 hours' notice be given for public testimony. No changes to the statute were adopted on the floor; the referral preserves further committee scrutiny and public input before any final vote.
What happens next: S.B. 88 will be heard again in Judiciary, where senators indicated they expect further testimony and review before advancing it to third reading.
