Section 30-3-34.5 - Supervised parent-time(1) Considering the fundamental liberty interests of parents and children, it is the policy of this state that divorcing parents have unrestricted and unsupervised access to their children. When necessary to protect a child and no less restrictive means is reasonably available however, and in accordance with Section 30-3-41, a court may order supervised parent-time if the court finds evidence that the child would be subject to physical or emotional harm or child abuse, as described in Sections 76-5-109, 76-5-109.2, 76-5-109.3, 76-5-114, and 80-1-102, from the noncustodial parent if left unsupervised with the noncustodial parent.(2) If the court finds evidence of domestic violence, child abuse, or an ongoing risk to a child, and orders supervised parent-time, the court shall give preference to supervision by a professional individual or private agency trained in child abuse reporting laws, the developmental needs of a child, and the dynamics of domestic violence, child abuse, sexual abuse, and substance abuse.(3) If a professional individual or private agency described in Subsection (2) is not available, affordable, or practicable under the circumstances, a court shall give preference to supervision by an individual who is:(a) capable and willing to provide physical and psychological safety and security to the child, and to assist in the avoidance and prevention of domestic and family violence; and(b) is trained in child abuse reporting laws, the developmental needs of a child, and the dynamics of domestic violence, child abuse, sexual abuse, and substance abuse.(4) If an individual described in Subsection (2) or (3) is not available, affordable, or practicable under the circumstances, or if the court does not find evidence of domestic violence, child abuse, or an ongoing risk to a child, a court may order supervised parent-time that is supervised by an individual who is willing to supervise, and is capable of protecting the child from physical or emotional harm, or child abuse, and the court shall give preference to individuals suggested by the parties, including relatives. (5) At the time supervised parent-time is imposed, the court shall consider: (a) whether the cost of professional or agency services is likely to prevent the noncustodial parent from exercising parent-time; and(b) whether the requirement for supervised parent-time should expire after a set period of time. (6) Except when the court makes a finding that, due to abuse by or the incapacity of the noncustodial parent, supervised parent-time will be necessary indefinitely to ensure the physical or psychological safety and protection of the child, the court shall, in its order for supervised parent-time, provide specific goals and expectations for the noncustodial parent to accomplish before unsupervised parent-time may be granted. The court shall schedule one or more follow-up hearings to revisit the issue of supervised parent-time. 7) A noncustodial parent may, at any time, petition the court to modify the order for supervised parent-time if the noncustodial parent can demonstrate that the specific goals and expectations set by the court in Subsection [(5)] (6) have been accomplished. The following section is affected by a coordination clause at the end of this bill.
Amended by Chapter TBD, 2024 General Session ,§ 5, eff. 5/1/2024.Amended by Chapter 430, 2022 General Session ,§ 7, eff. 5/4/2022.Added by Chapter 239, 2014 General Session ,§ 2, eff. 5/13/2014.