78A-2-232. Child abuse and domestic abuse education and training for judges, court commissioners, and court personnel.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/1/2024

(1)As used in this section:

(a)"Advocacy services provider" means the same as that term is defined in Section 77-38-403 .

(b)"Child custody proceeding" means a civil proceeding between the parents of a child that involves the care or custody of the child including proceedings involving:

(i)divorce;

(ii)separation;

(iii)parent-time;

(iv)paternity;

(v)child support;

(vi)legal or physical custody of a child; or

(vii)a civil protective order as that term is defined in Section 78B-7-102 .

(2)The state court administrator described in Section 78A-2-105 shall develop or recommend a proposed training and education program that:

(a)shall be designed to improve the ability of the courts to:

(i)recognize domestic violence and child abuse in child custody proceedings; and

(ii)make appropriate custody decisions that prioritize a child's physical and psychological safety and well-being;

(b)shall focus solely on domestic and sexual violence and child abuse, including:

(i)child sexual abuse;

(ii)physical abuse;

(iii)emotional abuse;

(iv)coercive control;

(v)implicit and explicit bias, including biases relating to parents with disabilities;

(vi)trauma;

(vii)long-term and short-term impacts of domestic violence and child abuse on children; and

(viii)victim and perpetrator behavior patterns and relationship dynamics within the cycle of violence;

(c)shall be based on evidence-based and peer-reviewed research by recognized experts in the types of abuse described in Subsection (2)(b);

(d)shall require training to be provided by a professional with substantial experience in assisting survivors of domestic violence or child abuse, including an advocacy services provider;

(e)may include input from a survivor of domestic violence or child physical or sexual abuse; and

(f)may incorporate curriculum, best practices, or other materials developed for or used in similar training and education programs.

(a)The state court administrator shall present the proposed or recommended training and education program to the Judiciary Interim Committee on or before the committee's September 2024 interim meeting.

(b)The presentation described in Subsection (3)(a) shall include:

(i)recommendations for the specific personnel positions that will be required to participate in the program;

(ii)recommended performance metrics for the program and how those metrics may be tracked;

(iii)an estimate of the costs to implement the program; and

(iv)an identification of potential grant sources, if any, that may be available to fund the program in whole or in part.

Enacted by Chapter 453 , 2024 General Session