Senate amends child-welfare language to prioritize court findings in child-and-family plans

On Feb. 11 the Utah Senate amended and advanced Senate Bill 72, which makes technical and clarifying changes to the Human Services Code and the Judicial Code regarding child-welfare planning and records access.

Senator Eastman described the bill as replacing the term "treatment plan" with "child and family plan," clarifying access to protected confidential records, and providing that inability to identify or locate an alleged perpetrator of child abuse may not be used by the division as the sole basis to determine a report unsupported. The bill requires that a child-and-family plan "address findings made by the court" and permits additional requirements only with parent or guardian request and approval.

Senator Eastman offered an amendment (dated Feb. 7) that adjusted statutory language on the circumstances under which parent time might be denied and directed supervisors to consider the impact on the child of contact with a parent, "in light of the child's fear of the parent and the nature of the alleged abuse or neglect." The amendment was adopted without recorded opposition.

Senator Thomas asked about safeguards for records access by contract providers and whether penalties exist for misuse; Eastman said the bill clarifies existing law and that general counsel indicated penalties for misuse exist though they were not explicit in the bill and he would research and follow up.

The clerk announced that SB 72 received 25 yes votes, 0 nay and 4 absent and would be read for the third time.

Next steps: sponsor indicated follow-up on records-access penalties and the bill advanced for final consideration on the calendar.