Section 408 – Children’s Legal Defense Account.

• (1) There is created a restricted account within the General Fund known as the Children’s Legal Defense Account.

• (2) The purpose of the Children’s Legal Defense Account is to provide for programs that protect and defend the rights, safety, and quality of life of children.

• (3)
  • (a) The Legislature shall appropriate money from the account for the administrative and related costs of the following programs:
    • (i) implementing the Mandatory Educational Course on Children’s Needs for Divorcing Parents relating to the effects of divorce on children as provided in Sections 30-3-4, 30-3-10.3, 30-3-11.3, and the Mediation Program – Child Custody or Parent-time;
    • (ii) implementing the use of guardians ad litem in accordance with Sections 78A-2-703, 78A-2-705, 78A-2-803, and 78B-3-102;
    • (iii) the training of attorney guardians ad litem and volunteers as provided in Section 78A-2-803;
    • (iv) implementing and administering the Expedited Parent-time Enforcement Program as provided in Section 30-3-38; and
    • (v) implementing and administering the Divorce Education for Children Program.
  • (b) The Children’s Legal Defense Account may not be used to supplant funding for the guardian ad litem program under Section 78A-2-803.

• (4) The following withheld fees shall be allocated only to the Children’s Legal Defense Account and used only for the purposes provided in Subsections (3)(a)(i) through (v):
  • (a) the additional $10 fee withheld on every marriage license issued in the state of Utah as provided in Section 17-16-21; and
  • (b) a fee of $4 shall be withheld from the existing civil filing fee collected on any complaint, affidavit, or petition in a civil, probate, or adoption matter in every court of record.

• (5) The Division of Finance shall allocate the money described in Subsection (4) from the General Fund to the Children’s Legal Defense Account.

• (6) Any funds in excess of $200,000 remaining in the restricted account as of June 30 of any fiscal year shall lapse into the General Fund.

Amended by Chapter 262, 2021 General Session