| (1) |
As used in this section:
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Terms Used In Utah Code 80-3-110- Abuse: means :
| (i) | | (A) | nonaccidental harm of a child; |
| (B) | threatened harm of a child; |
| (E) | human trafficking of a child in violation of Section 76-5-308. See Utah Code 80-1-102- Child: means , except as provided in Section 80-2-905, an individual who is under 18 years old. See Utah Code 80-1-102
- Division: means the Division of Child and Family Services created in Section 80-2-201. See Utah Code 80-3-102
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Guardian: means a person appointed by a court to make decisions regarding a minor, including the authority to consent to:
| (b) | enlistment in the armed forces; |
| (c) | major medical, surgical, or psychiatric treatment; or |
| (d) | legal custody, if legal custody is not vested in another individual, agency, or institution. See Utah Code 80-1-102- Guardian ad litem: means the same as that term is defined in Section 78A-2-801. See Utah Code 80-1-102
- Harm: means :
| (a) | physical or developmental injury or damage; |
| (b) | emotional damage that results in a serious impairment in the child's growth, development, behavior, or psychological functioning; |
| (d) | sexual exploitation. See Utah Code 80-1-102- Neglect: means action or inaction causing:
| (i) | abandonment of a child, except as provided in 5; |
| (ii) | lack of proper parental care of a child by reason of the fault or habits of the parent, guardian, or custodian; |
| (iii) | failure or refusal of a parent, guardian, or custodian to provide proper or necessary subsistence or medical care, or any other care necessary for the child's health, safety, morals, or well-being; |
| (iv) | a child to be at risk of being neglected or abused because another child in the same home is neglected or abused; |
| (v) | abandonment of a child through an unregulated child custody transfer under Section 78B-24-203; or |
| (b) |
“Cannabis product” means the same as that term is defined in Section 26B-4-201. |
| (c) |
| (i) |
“Chronic” means repeated or patterned. |
| (ii) |
“Chronic” does not mean an isolated incident. |
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| (d) |
“Directions of use” means the same as that term is defined in Section 26B-4-201. |
| (e) |
“Dosing guidelines” means the same as that term is defined in Section 26B-4-201. |
| (f) |
“Medical cannabis” means the same as that term is defined in Section 26B-4-201. |
| (g) |
“Medical cannabis cardholder” means the same as that term is defined in Section 26B-4-201. |
| (h) |
” Recommending medical provider” means the same as that term is defined in Section 26B-4-201. |
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| (2) |
In a proceeding under this chapter, in which the juvenile court makes a finding, determination, or otherwise considers an individual’s medical cannabis card, medical cannabis recommendation from a recommending medical provider, or possession or use of medical cannabis, a cannabis product, or a medical cannabis device, the juvenile court may not consider or treat the individual’s medical cannabis card, recommendation, possession, or use any differently than the lawful possession or use of any prescribed controlled substance if:
| (b) |
the individual’s possession or use complies with Subsection 58-37-3.7(2) or (3); or |
| (c) |
| (i) |
the individual’s possession or use complies with 2; and |
| (ii) |
the individual reasonably complies with the directions of use and dosing guidelines determined by the individual’s recommending medical provider or through a consultation described in Subsection 26B-4-230(4). |
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| (3) |
In a proceeding under this chapter, a child‘s parent’s or guardian‘s use of cannabis or a cannabis product is not abuse or neglect of the child unless there is evidence showing that:
| (a) |
the child is harmed because of the child’s inhalation or ingestion of cannabis, or because of cannabis being introduced to the child’s body in another manner; or |
| (b) |
the child is at an unreasonable risk of harm because of chronic inhalation or ingestion of cannabis or chronic introduction of cannabis to the child’s body in another manner. |
|
| (4) |
Unless there is harm or an unreasonable risk of harm to the child as described in Subsection (3), in a child welfare proceeding under this chapter, a child’s parent’s or guardian‘s use of medical cannabis or a cannabis product is not contrary to the best interests of the child if:
| (a) |
for a medical cannabis cardholder after January 1, 2021, the parent’s or guardian’s possession or use complies with 2, and there is no evidence that the parent’s or guardian’s use of medical cannabis unreasonably deviates from the directions of use and dosing guidelines determined by the parent’s or guardian’s recommending medical provider or through a consultation described in Subsection 26B-4-230(4) or (5); or |
| (b) |
before January 1, 2021, the parent’s or guardian’s possession or use complies with Subsection 58-37-3.7(2) or (3). |
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| (5) |
Subsection (3) does not prohibit a finding of abuse or neglect of a child, and Subsection (3) does not prohibit a finding that a parent’s or guardian’s use of medical cannabis or a cannabis product is contrary to the best interests of a child, if there is evidence showing a nexus between the parent’s or guardian’s use of cannabis or a cannabis product and behavior that would separately constitute abuse or neglect of the child. |
| (6) |
| (a) |
Except as provided in Subsection (6)(c), if an individual, who is party to a proceeding under this chapter, is ordered by the juvenile court to submit to drug testing, the individual may not be ordered to complete drug testing by means of a hair, fingernail, or saliva test that is administered to detect the presence of drugs. |
| (b) |
Except as provided in Subsection (6)(c), if an individual, who is party to a proceeding under this chapter, is referred by the division or a guardian ad litem for drug testing, the individual may not be referred for drug testing by means of a hair, fingernail, or saliva test that is administered to detect the presence of drugs. |
| (c) |
Notwithstanding Subsections (6)(a) and (b), an individual who is party to a proceeding under this chapter:
| (i) |
may be ordered by the juvenile court to submit to drug testing by means of a saliva test, if the court finds that such testing is necessary in the circumstances; or |
| (ii) |
may be referred by the division for drug testing by means of a saliva test if the individual consents to drug testing by means of a saliva test. |
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Amended by Chapter 280, 2023 General Session
Amended by Chapter 317, 2023 General Session
Amended by Chapter 330, 2023 General Session
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