HB 105

Enrolled Copy  H.B. 105
1Child Welfare Revisions
  2026 GENERAL SESSION
  STATE OF UTAH
  Chief Sponsor: Christine F. Watkins
  Senate Sponsor: Wayne A. Harper
2
3  LONG TITLE
4  General Description:
5      This bill addresses orders of permanent custody and guardianship of a minor.
6  Highlighted Provisions:
7      This bill:
8      ▸ addresses when a parent may file a petition to modify an order of permanent custody and
9  guardianship.
10  Money Appropriated in this Bill:
11      None
12  Other Special Clauses:
13      None
14  Utah Code Sections Affected:
15  AMENDS:
16      78A-6-357, as last amended by Laws of Utah 2025, Chapter 365
17
18  Be it enacted by the Legislature of the state of Utah:
19Section 1. Section 78A-6-357 is amended to read:
2078A-6-357 . New hearings -- Modification of order or decree -- Requirements for
21  changing or terminating custody, probation, or protective supervision.
22  (1) If a party seeks a new hearing after an adjudication under Title 80, Utah Juvenile Code,
23      Rule 48 of the Utah Rules of Juvenile Procedure shall govern the matter of granting a
24      new hearing.
25  (2)(a) Except as provided in Subsection (3), a juvenile court may modify or set aside any
26      order or decree made by the juvenile court.
27      (b) A modification of an order placing a minor on probation may not:
28(i) include an order under Section 80-3-405, 80-6-703, 80-6-704, or 80-6-705; or
 H.B. 105  Enrolled Copy
29(ii) extend supervision over a minor, except in accordance with Section 80-6-712.
30   (3)(a) A parent or guardian of a child whose legal custody has been transferred by the
31juvenile court to an individual, agency, or institution may petition the juvenile court
32for restoration of custody or other modification or revocation of the juvenile court's
33order or decree, except as provided in Subsections (3)(b), (c), and (d) and for a
34transfer of legal custody for secure care.
35(b) A parent or guardian may only petition the juvenile court under Subsection (3)(a) on
36the ground that a change of circumstances has occurred that requires modification or
37revocation in the best interest of the child or the public.
38(c) A parent may not file a petition after the parent's parental rights have been terminated
39in accordance with Title 80, Chapter 4, Termination and Restoration of Parental
40Rights.
41(d) Except as provided in Subsection (3)(e), a parent may not file a petition for
42restoration of custody under this section during the existence of a permanent
43guardianship established for the child under Subsection 80-3-405(2)(d).
44(e)(i) A parent may file a petition to modify an order of permanent custody and
45guardianship only if:
46(A) the order granted permanent custody and guardianship to the child's other
47parent; and
48(B) the petitioning parent can demonstrate that a substantial and material change
49of circumstance has occurred.
50(ii) A parent shall file a petition to modify an order of permanent custody and
51guardianship in the district court, if:
52(A) the juvenile court ordered a parent to file the order in a pending district court
53case under Subsection 80-3-405(2)(d)(iv); or
54(B) a case involving custody, support, or parent-time relating to the child who is
55the subject of the juvenile court's order is filed in district court subsequent to
56the juvenile court issuing the permanent custody and guardianship order.
57(iii) A parent may file a petition in accordance with Subsection (3)(e)(i) regardless of
58when the order granting permanent custody and guardianship to the child's other
59parent was entered, if the substantial and material change of circumstance
60described in Subsection (3)(e)(i) has occurred since the permanent custody and
61guardianship order was entered.
62   (4)(a) An individual, agency, or institution vested with legal custody of a child may
  -2-
 Enrolled Copy  H.B. 105
63      petition the juvenile court for a modification of the custody order on the ground that
64      the change is necessary for the welfare of the child or in the public interest.
65      (b) The juvenile court shall proceed upon the petition in accordance with this section.
66  (5) Notice of hearing is required in any case in which the effect of modifying or setting
67      aside an order or decree may be to make any change in the minor's legal custody under
68      Section 80-3-405 or 80-6-703.
69  (6)(a) Upon the filing of a petition under Subsection (3)(a), the juvenile court shall make
70      a preliminary investigation.
71      (b) After the preliminary investigation described in Subsection (6)(a), the juvenile court:
72(i) may dismiss the petition if the juvenile court finds the alleged change of
73circumstances, if proved, would not affect the decree; or
74(ii) shall conduct a hearing, if the juvenile court finds that further examination of the
75facts is needed, or if the juvenile court on the juvenile court's own motion
76determines that the juvenile court's order or decree should be reviewed.
77      (c) Notice of the hearing described in Subsection (6)(b)(ii) shall be given to all interested
78persons.
79      (d) At a hearing under Subsection (6)(b)(ii), the juvenile court may enter an order
80continuing, modifying, or terminating the juvenile court's order or decree.
81  (7) Notice of an order terminating probation or protective supervision of a child shall be
82      given to:
83      (a) the child's parent;
84      (b) the child's guardian;
85      (c) the child's custodian; and
86      (d) if appropriate, to the child.
87  (8) Notice of an order terminating probation or protective supervision of a minor who is at
88      least 18 years old shall be given to the minor.
89Section 2. Effective Date.
90  This bill takes effect on May 6, 2026.
  -3-