Section 115.1 – Injunctive relief and civil penalty for unlawful child placing — Enforcement by county attorney or attorney general.

Effective 9/1/2022
62A-2-115.1. Injunctive relief and civil penalty for unlawful child placing — Enforcement by county attorney or attorney general.

• (1) The office or another interested person may commence an action in district court to enjoin any person, agency, firm, corporation, or association from violating Section 62A-2-108.6.

• (2) The office shall:
  • (a) solicit information from the public relating to violations of Section 62A-2-108.6; and
  • (b) upon identifying a violation of Section 62A-2-108.6:
    • (i) send a written notice to the person who violated Section 62A-2-108.6 that describes the alleged violation; and
    • (ii) notify the following persons of the alleged violation:
      • (A) the local county attorney; and
      • (B) the Division of Professional Licensing.

• (3)
  • (a) A county attorney or the attorney general shall institute legal action as necessary to enforce the provisions of Section 62A-2-108.6 after being informed of an alleged violation.
  • (b) If a county attorney does not take action within 30 days after the day on which the county attorney is informed of an alleged violation of Section 62A-2-108.6, the attorney general may be requested to take action, and shall then institute legal proceedings in place of the county attorney.

• (4)
  • (a) In addition to the remedies provided in Subsections (1) and (3), any person, agency, firm, corporation, or association found to be in violation of Section 62A-2-108.6 shall forfeit all proceeds identified as resulting from the transaction, and may also be assessed a civil penalty of not more than $10,000 for each violation.
  • (b) Each act in violation of Section 62A-2-108.6, including each placement or attempted placement of a child, is a separate violation.

• (5)
  • (a) The amount recovered as a penalty under Subsection (4) shall be placed in the General Fund of the prosecuting county, or in the state General Fund if the attorney general prosecutes.
  • (b) If two or more governmental entities are involved in the prosecution, the court shall apportion the penalty among the entities, according to the entities’ involvement.

• (6) A judgment ordering the payment of any penalty or forfeiture under Subsection (4) is a lien when recorded in the judgment docket, and has the same effect and is subject to the same rules as a judgment for money in a civil action.

Renumbered and Amended by Chapter 334, 2022 General Session
Amended by Chapter 415, 2022 General Session