80-8 - Youth Service Organizations
Title 80 > 80-8
Sections (6)
General Provisions
80-8-101 - Definitions.
As used in this chapter:
(1) “Child” means an individual under 18 years old.
(2) “Registered sex offender check” means a search of:the registry described in Title 53, Chapter 29, Sex, Kidnap, and Child Abuse Offender Registry; andthe National Sex Offender Public Website administered by the United States Department of Justice.
(3) “Sexual abuse” means the same as that term is defined in Section 78B-2-308.
(4) “Youth services organization” means a sports league, athletic association, church or religious organization, scouting organization, or similar formally organized association, league, or organization, that provides recreational, educational, cultural, or social programs or activities to 25 or more children.”Youth services organization” does not include any person that is required to conduct a background check on employees or volunteers under any other provision of state or federal law.
(5) “Youth worker” means an individual:who is 18 years old or older;who is employed by or volunteers with a youth services organization; andwhose responsibilities as an employee or volunteer with the youth services organization give the individual regular and repeated care, supervision, guidance, or control of a child or children.
Amended by Chapter 291, 2025 General Session
Requirements and Penalties
80-8-201 - Youth protection requirements.
(1) A youth service organization may not employ a youth worker or allow an individual to volunteer as a youth worker unless the youth service organization has completed a registered sex offender check for the individual.
(2) To facilitate the registered sex offender check required by Subsection (1), a youth services organization may require a potential youth worker to provide the individual’s full name and, if the youth services organization has any question about the potential youth worker’s identity, a current, government-issued identification.
(3) If an individual is registered on the registry described in Title 53, Chapter 29, Sex, Kidnap, and Child Abuse Offender Registry, or the National Sex Offender Public Website, a youth service organization may not employ the individual as a youth worker or allow the individual to volunteer as a youth worker.
Amended by Chapter 291, 2025 General Session
80-8-202 - Training — Policies.
(1) A youth service organization shall provide and a youth worker shall complete reasonable training in sexual abuse identification and reporting.
(2) A youth service organization shall implement reasonable child abuse prevention policies and procedures that include:policies to ensure that a registered sex offender check is conducted for each youth worker before the youth worker is employed or allowed to volunteer; andpolicies to ensure the reporting of suspected sexual abuse in compliance with Section 80-2-602.
Enacted by Chapter 371, 2024 General Session
80-8-203 - Penalty.
(1) Beginning May 1, 2025, in any lawsuit against a youth service organization arising out of the molestation or sexual abuse of a child committed by a youth worker against a child who was in the custody or care of the youth service organization, the youth service organization shall be considered negligent if:the youth service organization failed to conduct a registered sex offender check for the youth worker who committed the molestation or sexual abuse; anda registered sex offender check for the youth worker would have revealed that the youth worker was registered on the state’s Sex and Kidnap Offender Registry or the National Sex Offender Public Website; orthe youth service organization conducted a registered sex offender check for the youth worker who committed the molestation or sexual abuse;the registered sex offender check revealed that the youth worker was registered on the state’s Sex and Kidnap Offender Registry or the National Sex Offender Public Website; andthe youth service organization nevertheless employed the youth worker or allowed the youth worker to volunteer.
(2) Nothing in this section excuses the plaintiff in a lawsuit described in Subsection (1) from proving all other elements of any pleaded claim, including, as applicable, duty, proximate cause, or damages.
Enacted by Chapter 371, 2024 General Session
80-8-204 - Insurance.
(1) Before writing liability insurance for a youth service organization in the state, an insurer may do one or more of the following:request information from the youth service organization demonstrating compliance with this chapter as part of the insurer’s loss control program; orrequire, as a condition of providing insurance, proof that the youth service organization is in compliance with this chapter.
(2) Nothing in this chapter shall be construed to alter or amend existing obligations under any policy of insurance.
Enacted by Chapter 371, 2024 General Session
80-8-205 - No effect on cause of action — No duty created.
(1) Nothing in this chapter abrogates any existing cause of action.
(2) Nothing in this chapter creates a private right of action or establishes a duty of reasonable care where one would not otherwise exist.
Enacted by Chapter 371, 2024 General Session