| (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 80-1-102Board: means the Board of Juvenile Court Judges. See Utah Code 80-1-102Child: means , except as provided in Section 80-2-905, an individual who is under 18 years old. See Utah Code 80-1-102Contract: A legal written agreement that becomes binding when signed.Council: means the Child Welfare Improvement Council created in Section 80-2-1101. See Utah Code 80-2-102Division: means the Division of Child and Family Services created in Section 80-2-201. See Utah Code 80-2-102Educational neglect: means that, after receiving a notice of compulsory education violation under Section 53G-6-202, the parent or guardian fails to make a good faith effort to ensure that the child receives an appropriate education. See Utah Code 80-1-102Evidence: 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.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 |
| (vi) | educational neglect. See Utah Code 80-1-102Sexual abuse: means :| (a) | an act or attempted act of sexual intercourse, sodomy, incest, or molestation by an adult directed towards a child; |
| (b) | an act or attempted act of sexual intercourse, sodomy, incest, or molestation committed by a child towards another child if:| (i) | there is an indication of force or coercion; |
| (ii) | the children are related, as described in Subsection (39), including siblings by marriage while the marriage exists or by adoption; |
| (iii) | there have been repeated incidents of sexual contact between the two children, unless the children are 14 years old or older; or |
| (iv) | there is a disparity in chronological age of four or more years between the two children; |
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| (c) | engaging in any conduct with a child that would constitute an offense under any of the following, regardless of whether the individual who engages in the conduct is actually charged with, or convicted of, the offense:| (i) | 4, except for Section 76-5-401, if the alleged perpetrator of an offense described in Section 76-5-401 is a minor; |
| (ii) | child bigamy, Section 76-7-101. See Utah Code 80-1-102Sexual exploitation: means knowingly:| (a) | employing, using, persuading, inducing, enticing, or coercing any child to:| (i) | pose in the nude for the purpose of sexual arousal of any individual; or |
| (ii) | engage in any sexual or simulated sexual conduct for the purpose of photographing, filming, recording, or displaying in any way the sexual or simulated sexual conduct; |
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| (b) | displaying, distributing, possessing for the purpose of distribution, or selling material depicting a child:| (i) | in the nude, for the purpose of sexual arousal of any individual; or |
| (ii) | engaging in sexual or simulated sexual conduct; or |
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| (c) | engaging in any conduct that would constitute an offense under Section 76-5b-201, sexual exploitation of a minor, or Section 76-5b-201. See Utah Code 80-1-102State: 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 |
| (a) |
The Legislature finds that there is a need to assist private and public agencies in identifying and establishing community-based education, service, and treatment programs to prevent the occurrence and recurrence of abuse and neglect. |
| (b) |
It is the purpose of this section to provide a means to increase prevention and treatment programs designed to reduce the occurrence or recurrence of child abuse and neglect. |
|
| (2) |
The division shall contract with public or private nonprofit organizations, agencies, or schools, or with qualified individuals to establish voluntary community-based educational and service programs designed to reduce or prevent the occurrence or recurrence of abuse and neglect. |
| (3) |
| (a) |
A program that the division contracts with under this section shall provide voluntary primary abuse and neglect prevention, and voluntary or court-ordered treatment services. |
| (b) |
A program described in Subsection (3)(a) includes:
| (i) |
a program related to prenatal care, perinatal bonding, child growth and development, basic child care, care of children with special needs, and coping with family stress; |
| (ii) |
a program related to crisis care, aid to parents, abuse counseling, support groups for abusive or potentially abusive parents and abusive parents’ children, and early identification of families where the potential for abuse and neglect exists; |
| (iii) |
a program clearly designed to prevent the occurrence or recurrence of abuse, neglect, sexual abuse, sexual exploitation, or medical or educational neglect; |
| (iv) |
a program that the division and council consider potentially effective in reducing the incidence of family problems leading to abuse or neglect; and |
| (v) |
a program designed to establish and assist community resources that prevent abuse and neglect. |
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| (4) |
The division shall:
| (a) |
consult with appropriate state agencies, commissions, and boards to help determine the probable effectiveness, fiscal soundness, and need for proposed education and service programs for the prevention and treatment of abuse and neglect; |
| (b) |
develop policies to determine whether a program will be discontinued or receive continuous funding; |
| (c) |
facilitate the exchange of information between and among groups concerned with families and children; |
| (d) |
establish flexible fees and fee schedules based on the recipient’s ability to pay for part or all of the costs of service received; |
| (e) |
before awarding a contract for an abuse or neglect prevention or treatment program or service:
| (i) |
conduct a public hearing to receive public comment on the program or service and ensure the council conducted a public hearing on the program or service in accordance with Subsection (6); |
| (ii) |
if the program or service is intended for presentation in public schools, receive evidence that the program or service is approved by the local board of education of each school district that will be utilizing the program or service, or under the direction of the local board of education, the state superintendent; and |
| (iii) |
consider need, diversity of geographic locations, the program’s or services’ coordination with or enhancement of existing services, and the program’s or services’ extensive use of volunteers; |
|
| (f) |
award a contract under this section for services to prevent abuse and neglect on the basis of probability of success, based in part on sound research data; and |
|
| (5) |
The division may:
| (a) |
require that 25% of the funding for a program contracted for under this section be provided by the contractor operating the program; and |
| (b) |
consider a contribution of materials, supplies, or physical facilities as all or part of the funding provided by the contractor under Subsection (5)(a). |
|
| (6) |
The council shall conduct a public hearing to receive public comment on the program or service before the division may enter into a contract under this section. |
| (7) |
A contract entered into under this section shall contain a provision for the evaluation of services provided under the contract. |
| (8) |
Contract funds awarded under this section for the treatment of victims of abuse or neglect are not a collateral source as defined in Section 63M-7-502. |
Amended by Chapter 139, 2023 General Session
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