Children's Justice Centers
TITLE 67 CHAPTER 5b SECTIONS 101-107
THE CHILDREN'S JUSTICE CENTER PROGRAM
Sunset Act. - See Section 63-55-267.5 for the repeal date of this chapter.
Section
67-5b-102. Children's Justice Center - Requirements of center - Purposes of center.
67-5b-103. Appropriation and funding.
67-5b-104. Requirements of agreement.
67-5b-105. Local advisory boards - Membership.
67-5b-106. Advisory Board on Children's Justice - Membership - Terms - Duties - Authority.
67-5b-107. Immunity - Limited liability.
67-5b-101. Definitions.
As used in this part:
(1) "Abused child" means a child who is a victim of sexual abuse or serious physical abuse and who is 17 years of age or younger.
( 2) "Agreement" means a written contract between two or more public agencies and other persons to provide for multidisciplinary intergovernmental operation of a center established in accordance with Section 67-5b-104.
(3) "Center" means a Children's Justice Center established in accordance with
Section 67-5b-102.
(4) "Officers and employees" means any person performing services for two or more public agencies as agreed in intergovernmental contracts in accordance with Section 67-5b-104.
(5) "Public agency" means a municipality, a county, the attorney general, the Division of Child and Family Services, the Division of Youth Corrections, the Department of Corrections, the juvenile court, and the Administrative Office of the Courts.
(6) "Volunteer" means any person who donates service without pay or other compensation except expenses actually and reasonably incurred as approved by the supervising agency. Volunteer does not include any person participating in human subjects research and court-ordered compensatory service workers as defined in Section 67-20-2.
History: C. 1953, 67-5b-101, enacted by L. 1994, ch. 192, § 6; 1996, ch. 318, § 31; 1998, ch. 94, § 6.
Amendment Notes. - The 1996 amendment, effective April 29, 1996, inserted "Child and" in Subsection (5).
The 1998 amendment, effective May 4, 1998, substituted "compensatory" for "community" in the second sentence of Subsection (6).
COLLATERAL REFERENCES
Journal of Contemporary Law. - Owens v. Garfield: Evidence of an Inadequate State Child
Protection System, 17 J. Contemp. L. 345 (1991).
67-5b-102. Children's Justice Center - Requirements of center - Purposes of center.
(1) (a) There is established a program that provides a comprehensive, multidisciplinary, nonprofit, intergovernmental response to sexual abuse of children and serious physical abuse of children in a facility known as a Children's Justice Center.
(b) The attorney general shall administer the program.
(c) The attorney general shall:
(i) allocate the funds appropriated by a line item pursuant to
Section 67-5b-103;
(ii) administer applications for state and federal grants;
(iii) staff the Advisory Board on Children's Justice;
(iv) assist in the development of new centers; and
(v) coordinate services between centers.
(2) (a) The attorney general shall establish Children's Justice Centers or satellite offices in Cache County,Carbon County, Davis County, Duchesne County, Emery County, Grand County, Salt Lake County, Tooele County, Uintah County, Utah County, Wasatch County, Washington County, and Weber County.
(b) The attorney general may establish other centers within a county and in other counties of the state.
(3) The attorney general and each center shall fulfill the statewide purpose of each center by:
(a) minimizing the time and duplication of effort required to investigate, prosecute, and initiate treatment for the abused child in the state;
(b) facilitating the investigation of the alleged offense against the abused child;
(c) conducting interviews of abused children and their families in a professional manner;
(d) obtaining reliable and admissible information which can be used effectively in criminal and child protection proceedings in the state;
(e) coordinating and tracking:
(i) the use of limited medical and psychiatric services;
(ii) investigation of the alleged offense;
(iii) preparation of prosecution;
(iv) treatment of the abused child and family; and
(v) education and training of persons who provide services to the abused child and its family in the state;
(f) expediting the processing of the case through the courts in the state;
(g) protecting the interest of the abused child and the community in the state;
(h) reducing trauma to the abused child in the state;
(i) enhancing the community understanding of sexual abuse of children and serious physical abuse of children in the state; and
(j) providing as many services as possible that are required for the thorough and effective investigation of child abuse cases.
(4) To assist a center in fulfilling the requirements and statewide purposes as provided in Subsection (3), each center may obtain access to any relevant juvenile court legal records and adult court legal records, unless sealed by the court.
(5) The statewide purpose of this chapter is to establish a program that provides a comprehensive, multidisciplinary, nonprofit, intergovernmental response to sexual abuse of children and serious physical abuse of children in a facility known as a Children's Justice Center.
History: C. 1953, 67-5b-102, enacted by L. 1994, ch. 192, § 7; 1995, ch. 71, § 1; 1996, ch. 309, § 1; 1997, ch. 377, § 1; 1998, ch. 185, § 1; 1999, ch. 320, § 1; 2001, ch. 376, § 2.
Amendment Notes. - The 1996 amendment by ch. 309, effective April 29, 1996, added "Davis County" in Subsection (2)(a).
The 1997 amendment, effective May 5, 1997, in Subsection (2)(a), inserted "Carbon County," "Tooele County,"and "Washington County."
The 1998 amendment, effective May 4, 1998, inserted "Cache County" and "Duchesne County" alphabetically into the string of counties in Subsection (2)(a).
The 1999 amendment, effective July 1, 1999, inserted "Grand County" and "Uintah County" in Subsection (2)(a).
The 2001 amendment, effective April 30, 2001, inserted "or satellite offices," "Emery County," and "Wasatch County" in Subsection (2)(a).
67-5b-103. Appropriation and funding.
(1) Funding for centers under this section is intended to be broad-based, provided by a line item appropriation bythe Legislature to the attorney general, and is intended to include federal grant monies, local governmentmonies, and private donations.
(2) The money appropriated shall be used to contract with intergovernmental bodies that qualify under Section 67-5b-104 to provide a comprehensive, multidisciplinary, nonprofit, intergovernmental response to abused children and to cover administrative costs of coordination of the centers' operations.
History: C. 1953, 67-5b-103, enacted by L. 1994, ch. 192, § 8.
67-5b-104. Requirements of agreement.
(1) To qualify for contracting as a Children's Justice Center, a comprehensive, multidisciplinary, nonprofit, intergovernmental body consisting of two or more public agencies and other persons shall enter into written agreements with one another for joint or cooperative action pursuant to this part.
(2) Any agreement to create a center shall specify the following:
(a) its duration, not to exceed 50 years;
(b) the precise organization, composition, membership, and nature of any separate legal or administrative entity created, together with the powers delegated;
(c) its purpose;
(d) the manner of financing the joint or intergovernmental undertaking and of establishing and maintaining a budget;
(e) the contracting public agency designated to oversee the accountability of the center, including the budget, costs, personnel, and management pursuant to Title 51, Chapter 2, Audits of Political Subdivisions, Interlocal Organizations, and Other Local Entities;
(f) the permissible method or methods to be employed in accomplishing the partial or complete termination of the agreement and in disposing of property upon the partial or complete termination; and
(g) any other necessary and proper matters.
(3) Any agreement made pursuant to this part shall, prior to and as a condition precedent to its becoming effective, be reviewed by the attorney general and the county attorney of the county where the center is located and approved for form and compatibility with the laws of this state.
(4) Prior to its becoming effective, any agreement made pursuant to this part shall be filed with the person who keeps the records of each of the public agencies and other persons who are parties to it.
(5) No agreement made pursuant to this part shall relieve any public agency of any obligation or responsibility imposed upon it by law except that actual and timely performance by an intergovernmental legal entity created to perform joint intergovernmental functions by an agreement made under this section may be offered in satisfaction of the obligation or responsibility.
(6) Any public agency entering into an agreement pursuant to this part may appropriate funds and may sell,lease, give, or otherwise supply tangible and intangible property to a center created to operate the joint or intergovernmental undertaking and may provide personnel or services as may be within its legal power to appropriate, sell, lease, give, supply, or furnish.
(7) Any one or more public agencies may contract with each other or with a legal or administrative entity created pursuant to this part to perform any governmental service, activity, or undertaking which each public agency or person entering into the contract is authorized by law to perform, provided that such contract is authorized by the governing body of each party to the contract.
(8) Any facility or improvement jointly owned or jointly operated by any two or more public agencies and other persons or acquired or constructed pursuant to an agreement under this part may be operated by the intergovernmental body as may be provided by appropriate contract. Payment for the cost of the operation of the facility or improvement shall be made as provided in the contract and in accordance with any appropriation or funding restrictions.
History: C. 1953, 67-5b-104, enacted by L. 1994, ch. 192, § 9.
67-5b-105. Local advisory boards - Membership.
(1) The cooperating public agencies and other persons shall make up each center's local advisory board, which shall be composed of the following people from the county or area:
(a) the local center director or the director's designee;
(b) a district attorney or county attorney having criminal jurisdiction or any designee;
(c) a representative of the attorney general's office, designated by the attorney general;
(d) a county sheriff or a chief of police or their designee;
(e) the county executive or the county executive's designee;
(f) a physician licensed to practice medicine and surgery under Section 58-67-301, Utah Medical Practice Act, or Section 58-68-301, Utah Osteopathic Medical
Practice Act;
(g) a licensed mental health professional;
(h) a criminal defense attorney;
(i) at least four members of the community at large provided, however, that the state advisory board may authorize fewer members, although not less than two, if the local advisory board so requests;
(j) a guardian ad litem or representative of the Office of Guardian Ad Litem Director, designated by the director; and
(k) a representative of the Division of Child and Family Services within the Department of Human Services, designated by the employee of the division who has supervisory responsibility for the county served by the center.
(2) The members on each local advisory board who serve due to public office as provided in Subsection (1)(b) through (e) shall select the remaining members. The members shall select its chair.
(3) The local advisory board shall not supersede the authority of the contracting public agency as designated in Section 67-5b-104.
(4) Appointees and designees shall serve a term or terms as designated in the bylaws of the local advisory board.
History: C. 1953, 67-5b-105, enacted by L. 1994, ch. 192, § 10; 1996, ch. 248, § 53; 1997, ch. 377, § 2.
Amendment Notes. - The 1996 amendment, effective July 1, 1996, in Subsection (1)(f) substituted "Section 58-67-301" for "Sections 58-12-26 through 58-12-43" and added "or Section 58-68-301, Utah Osteopathic Medical Practice Act" at the end.
The 1997 amendment, effective May 5, 1997 deleted "by agreement" in Subsection (1); deleted "if appropriate" after "county attorney" in Subsection (1)(b); substituted "a representative of the attorney general's office" for "an assistant attorney general as" in Subsection (1)(c); substituted "their" for "any" in Subsection (1)(d); substituted "the county executive's designee" for "any designee" in Subsection (1)(e); added "provided..."in
Subsection(1)(i); added Subsection (1)(j); and substituted "a term or terms as designated in the bylaws of the local advisory board" for "at the request and upon written agreement of the creating public agencies and persons" in Subsection (4).
67-5b-106. Advisory Board on Children's Justice - Membership - Terms - Duties - Authority.
(1) The attorney general shall create the Advisory Board on Children's Justice to advise him about the Children's Justice Center Program.
(2) The board shall be composed of:
(a) the director of each Children's Justice Center;
(b) the chair of each local advisory board established under Section 67-5b-105;
(c) the attorney general or the attorney general's designee;
(d) a representative of the Utah Sheriffs Association, appointed by the governor;
(e) a chief of police, appointed by the governor;
(f) one juvenile court judge and one district court judge, appointed by the chief justice;
(g) a representative of the court appointed guardians ad litem, appointed by the chief justice;
(h) a designated representative of the Division of Child and Family Services within the Department of Human Services, appointed by the director of that division;
(i) a licensed mental health professional, appointed by the governor;
(j) a person experienced in working with children with disabilities, appointed by the governor;
(k) one criminal defense attorney, licensed by the Utah State Bar and in good standing, appointed by the Utah Bar Commission;
(l) one criminal prosecutor, licensed by the Utah State Bar and in good standing, appointed by the Prosecution Council;
(m) a member of the governor's staff, appointed by the governor;
(n) a member from the public, appointed by the governor, who exhibits sensitivity to the concerns of parents; and
(o) additional members appointed as needed by the attorney general.
(3) (a) Except as required by Subsection (3)(b), as terms of current board members expire, the appointing authority shall appoint each new member or reappointed member to a four-year term.
(b) Notwithstanding the requirements of Subsection (3)(a), the appointing authority shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of board members are staggered so that approximately half of the board is appointed every two years.
(4) The Advisory Board on Children's Justice shall:
(a) coordinate and support the statewide purpose of the program;
(b) recommend statewide guidelines for the administration of the program;
(c) advise the contracting entities of each Children's Justice Center;
(d) recommend training and improvements in training;
(e) review, evaluate, and make recommendations concerning state investigative, administrative, and judicial handling in both civil and criminal cases of child abuse, child sexual abuse, and neglect;
(f) recommend programs to improve the prompt and fair resolution of civil and criminal court proceedings; and
(g) recommend changes to state laws and procedures to provide comprehensive protection for children of abuse, child sexual abuse, and neglect.
(5) The Advisory Board on Children's Justice may not supersede the authority of the contracting public agency to oversee the accountability of the center, including the budget, costs, personnel, and management pursuant to Section 67-5b-104 and Title 51, Chapter 2, Audits of Political Subdivisions, Interlocal Organizations, and Other Local Entities.
History: C. 1953, 67-5b-106, enacted by L. 1994, ch. 192, § 11; 1995, ch. 71, § 2; 1996, ch. 243, § 179; 1996, ch. 318, § 32; 1997, ch. 377, § 3.
Amendment Notes. - The 1996 amendment by ch. 243, effective April 29, 1996, added Subsection (3) and redesignated the following subsections accordingly.
The 1996 amendment by ch. 318, effective April 29, 1996, inserted "Child and" in Subsection (2)(h).
The 1997 amendment, effective May 5, 1997, substituted "the" for "each" in Subsection (2)(a); rewroteSubsection (2)(b), substituted "the attorney general's" for "any" in Subsection (2)(c); substituted "appointed" for "selected" in Subsection (2)(g); inserted "within the Department of Human Services" and "of that division" in Subsection (2)(h); added new Subsection (2)(m); redesignated former Subsections (2)(m) and (2)(n) as present Subsections (2)(n) and (2)(o) and inserted "(3)" after "Subsection" in two places.
67-5b-107. Immunity - Limited liability.
(1) Officers and employees performing services for two or more public agencies pursuant to contracts executed under the provisions of this part are considered to be officers and employees of the public agency employing their services, even though performing those functions outside of the territorial limits of any one of the contracting public agencies, and are considered to be officers and employees of public agencies in accordance with Title 63, Chapter 30, Governmental Immunity Act.
(2) The officers and employees of the center, while acting within the scope of their authority, are not subject to any personal or civil liability resulting from carrying out any of the purposes of a center under the provisions of Title 63, Chapter 30, Governmental Immunity Act.
(3) A volunteer is considered a government employee in accordance with Section 67-20-3 and entitled to immunity under the provisions of Title 63, Chapter 30, Governmental Immunity Act.
(4) A volunteer, other than one considered a government employee in accordance with Section 67-20-3, may not incur any personal financial liability for any tort claim or other action seeking damage for an injury arising from any act or omission of the volunteer while providing services for the nonprofit organization if:
(a) the individual was acting in good faith and reasonably believed he was acting within the scope of his official functions and duties with the center; and
(b) the damage or injury was not caused by an intentional or knowing act by the volunteer which constitutes illegal or wanton misconduct.
(5) The center is not liable for the acts or omissions of its volunteers in any circumstance where the acts of its volunteers are not as described in Section (4) unless:
(a) the center had, or reasonably should have had, reasonable notice of the volunteer's unfitness to provide services to the center under circumstances that make the center's use of the volunteer reckless or wanton in light of that notice; or
(b) a business employer would be liable under the laws of this state if the act or omission were the act or omission of one of its employees.
History: C. 1953, 67-5b-107, enacted by L. 1994, ch. 192, § 12.