51-9-408. Children’s Legal Defense Account.
| (1) |
There is created a restricted account within the General Fund known as the Children’s Legal Defense Account. |
Terms Used In Utah Code 51-9-408
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Probate: Proving a will
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
| (2) |
The purpose of the Children’s Legal Defense Account is to provide for programs that protect and defend the rights, safety, and quality of life of children. |
| (3) |
| (a) |
The Legislature shall appropriate money from the account for the administrative and related costs of the following programs:
| (i) |
implementing the Mandatory Educational Course on Children’s Needs for Divorcing Parents relating to the effects of divorce on children as provided in Sections 30-3-4, 30-3-10.3, 30-3-11.3, and the Mediation Program – Child Custody or Parent-time; |
| (iii) |
the training of attorney guardians ad litem and volunteers as provided in Section 78A-2-803; |
| (iv) |
implementing and administering the Expedited Parent-time Enforcement Program as provided in Section 30-3-38; and |
| (v) |
implementing and administering the Divorce Education for Children Program. |
|
| (b) |
The Children’s Legal Defense Account may not be used to supplant funding for the guardian ad litem program under Section 78A-2-803. |
|
| (4) |
The following withheld fees shall be allocated only to the Children’s Legal Defense Account and used only for the purposes provided in Subsections (3)(a)(i) through (v):
| (a) |
the additional $10 fee withheld on every marriage license issued in the state of Utah as provided in Section 17-16-21; and |
| (b) |
a fee of $4 shall be withheld from the existing civil filing fee collected on any complaint, affidavit, or petition in a civil, probate, or adoption matter in every court of record. |
|
| (5) |
The Division of Finance shall allocate the money described in Subsection (4) from the General Fund to the Children’s Legal Defense Account. |
| (6) |
Any funds in excess of $200,000 remaining in the restricted account as of June 30 of any fiscal year shall lapse into the General Fund. |
Amended by Chapter 262, 2021 General Session
