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Senate advances coordinated juvenile-code recodification and competency privilege changes

Utah Senate · February 24, 2022
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Summary

Senators described multi-bill work to recodify juvenile justice and child-welfare provisions into Title 80, move DCFS provisions and fix evidentiary privilege during competency proceedings; several cross-reference bills and competency amendments were advanced with stakeholder input noted.

Senators described a multi-year effort to consolidate and clean up juvenile justice and child-welfare statutes.

"These bills...are part of an ongoing effort over the past 2 and a half years to consolidate the juvenile justice and child welfare provisions of the Utah code," Senator Weiler said, describing the move of many provisions to Title 80 and noting stakeholder involvement from DCFS, the courts, the Attorney General's office, JJS and parental-defense groups. Senator McHale explained that competency-petition privilege needed correction so that forensic evaluation and attainment portions have appropriate privilege protections for children undergoing competency evaluations.

Multiple bills in the juvenile package (including second substitute HB248, first substitute HB249 and HB277 juvenile competency amendments) were read for third time and passed on recorded votes. Sponsors emphasized the bills are technical and follow-up to last year's recodification (House Bill 285) and stressed trust and confidentiality for young people undergoing evaluations.

Next steps: The bills advanced on the floor and will proceed through third-reading processing; stakeholders who assisted in drafting will be involved in any follow-up implementation.