Signed by Governor Gary Herbert

Vote Smart's Synopsis:

Vote to pass a bill that amends the definition of child neglect.

Highlights:

• Defines neglect of a child by a parent, guardian, or custodian as any of the following (Sec. 3):

• Abandonment or lack of care of a child;

• Relinquishment of a newborn;

• Not providing the subsistence, education, or medical care necessary for the child's health, safety, morals, or well-being;

• Causing a child to be at risk of neglect or abuse by abusing or neglecting another child in the same home;

• Abandonment of a child through an unregulated custody transfer.

• Specifies that neglect of a child does not mean the following (Sec. 3):

• Not providing certain medical treatments due to one’s religious beliefs;

• A healthcare decision made for a child, unless the state or other party to a proceeding shows, by clear and convincing evidence, that the decision is not reasonable and informed; or

• Permitting a child, whose basic needs are met and who is of sufficient age and maturity to avoid harm, to engage in independent activities.

• Authorizes children to engage in the following independent activities without the presence of a parent, guardian, or custodian (Sec. 3):

• Traveling to and from school by walking, running, or bicycling;

• Traveling to and from nearby commercial or recreational facilities;

• Engaging in outdoor play;

• Remaining in a vehicle unattended, except in conditions posing a health risk;

• Remaining at home unattended; or

• Engaging in a similar independent activity.

• Specifies that these provisions apply to a child under the age of 18 who has the mental capacity to avoid harm or unreasonable risk of harm (Sec. 3).

• Requires healthcare providers to report to law enforcement any indication that a child has been, or is in danger of being, neglected (Sec. 1).

• Exempts members of the clergy from the above requirement, if and only if they learn of such evidence through a ceremony of confession (Sec. 1).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that amends the definition of child neglect.

Highlights:

• Defines neglect of a child by a parent, guardian, or custodian as any of the following (Sec. 3):

• Abandonment or lack of care of a child;

• Relinquishment of a newborn;

• Not providing the subsistence, education, or medical care necessary for the child's health, safety, morals, or well-being;

• Causing a child to be at risk of neglect or abuse by abusing or neglecting another child in the same home;

• Abandonment of a child through an unregulated custody transfer.

• Specifies that neglect of a child does not mean the following (Sec. 3):

• Not providing certain medical treatments due to one’s religious beliefs;

• A healthcare decision made for a child, unless the state or other party to a proceeding shows, by clear and convincing evidence, that the decision is not reasonable and informed; or

• Permitting a child, whose basic needs are met and who is of sufficient age and maturity to avoid harm, to engage in independent activities.

• Authorizes children to engage in the following independent activities without the presence of a parent, guardian, or custodian (Sec. 3):

• Traveling to and from school by walking, running, or bicycling;

• Traveling to and from nearby commercial or recreational facilities;

• Engaging in outdoor play;

• Remaining in a vehicle unattended, except in conditions posing a health risk;

• Remaining at home unattended; or

• Engaging in a similar independent activity.

• Specifies that these provisions apply to a child under the age of 18 who has the mental capacity to avoid harm or unreasonable risk of harm (Sec. 3).

• Requires healthcare providers to report to law enforcement any indication that a child has been, or is in danger of being, neglected (Sec. 1).

• Exempts members of the clergy from the above requirement, if and only if they learn of such evidence through a ceremony of confession (Sec. 1).

Full Bill Text