H.B. 33

1

CLARIFICATION OF TIME LIMITS FOR
2 REUNIFICATION SERVICES
3 2001 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Matt Throckmorton
6 This act modifies the Judicial Code to address concerns that statutory time limits for
7 achieving permanency for foster children are not consistently applied. This act clarifies time
8 requirements for reunification services for children two years of age or younger. This act
9 clarifies the finding that must be made by a court when permanency hearings are
10 consolidated with hearings on termination of parental rights. This act requires the court to
11 schedule dates for the six month review and the permanency hearing at the adjudication
12 hearing.
13 This act affects sections of Utah Code Annotated 1953 as follows:
14 AMENDS:
15 78-3a-310, as last amended by Chapter 329, Laws of Utah 1997
16 78-3a-311, as last amended by Chapter 121, Laws of Utah 1999
17 78-3a-312, as last amended by Chapter 121, Laws of Utah 1999
18 Be it enacted by the Legislature of the state of Utah:
19 Section 1. Section 78-3a-310 is amended to read:
20 78-3a-310. Adjudication -- Dispositional hearing -- Time deadlines.
21 (1) If, at the adjudication hearing, the court finds, by clear and convincing evidence, that
22 the allegations contained in the petition are true, it shall conduct a dispositional hearing.
23 (2) The dispositional hearing may be held on the same date as the adjudication hearing,
24 but shall be held no later than 30 calendar days after the date of the adjudication hearing.
25 (3) At the adjudication hearing or the dispositional hearing the court shall schedule [or
26 direct the scheduling of] dates and times for:
27 (a) the six month periodic review; and

28 (b) the permanency hearing.
29 Section 2. Section 78-3a-311 is amended to read:
30 78-3a-311. Dispositional hearing -- Reunification services -- Exceptions.
31 (1) The court may make any of the dispositions described in Section 78-3a-118 , place the
32 child in the custody or guardianship of any individual or public or private entity or agency, order
33 protective supervision, family preservation, medical or mental health treatment, or other services.
34 (2) (a) Whenever the court orders continued removal at the dispositional hearing, and that
35 the minor remain in the custody of the Division of Child and Family Services, it shall first establish
36 a primary permanency goal for the minor and determine whether, in view of the primary
37 permanency goal, reunification services are appropriate for the child and the child's family,
38 pursuant to Subsection (3). In cases where obvious sexual abuse, abandonment, or serious physical
39 abuse or neglect are involved, neither the division nor the court has any duty to make "reasonable
40 efforts" or to, in any other way, attempt to provide reunification services, or to attempt to
41 rehabilitate the offending parent or parents. In all cases, the child's health, safety, and welfare shall
42 be the court's paramount concern in determining whether reasonable efforts to reunify should be
43 made.
44 (b) (i) In addition to the primary permanency goal, the court shall establish a concurrent
45 permanency goal. The concurrent permanency goal shall include a representative list of the
46 conditions under which the primary permanency goal will be abandoned in favor of the concurrent
47 permanency goal and an explanation of the effect of abandoning or modifying the primary
48 permanency goal.
49 (ii) A permanency hearing shall be conducted in accordance with Subsection
50 78-3a-312 (1)(b) within 30 days if something other than reunification is initially established as a
51 child's primary permanency goal.
52 (iii) The court may amend a child's primary permanency goal before the establishment of
53 a final permanency plan under Section 78-3a-312 . The court is not limited to the terms of the
54 concurrent permanency goal in the event that the primary permanency goal is abandoned. If, at
55 anytime, the court determines that reunification is no longer a child's primary permanency goal,
56 the court shall conduct a permanency hearing in accordance with Section 78-3a-312 within the
57 earlier of 30 days of the court's determination or 12 months from the original removal of the child.
58 (c) If the court determines that reunification services are appropriate, it shall order that the

59 division make reasonable efforts to provide services to the minor and his parent for the purpose
60 of facilitating reunification of the family, for a specified period of time. In providing those
61 services, the child's health, safety, and welfare shall be the division's paramount concern, and the
62 court shall so order. The time period for reunification services may not exceed 12 months from
63 the date that the child was initially removed from his home. Nothing in this section may be
64 construed to entitle any parent to an entire 12 months of reunification services. If reunification
65 services have been ordered, the court may terminate those services at any time. If, at any time,
66 continuation of reasonable efforts to reunify a child is determined to be inconsistent with the final
67 permanency plan for the child established pursuant to Subsection 78-3a-312 , then measures shall
68 be taken, in a timely manner, to place the child in accordance with the permanency plan, and to
69 complete whatever steps are necessary to finalize the permanent placement of the child.
70 (d) Any physical custody of the minor by the parent or a relative during the period
71 described in Subsection (2)(c) does not interrupt the running of the period.
72 (e) (i) If reunification services have been ordered, a permanency hearing shall be
73 conducted by the court in accordance with Section 78-3a-312 at the expiration of the time period
74 for reunification services. The permanency hearing shall be held no later than 12 months after the
75 original removal of the child.
76 (ii) If reunification services have not been ordered, a permanency hearing shall be
77 conducted within 30 days, in accordance with Section 78-3a-312 .
78 (f) With regard to a child who is two years of age or younger at the time the [court orders
79 reunification services] child is removed from the home, the court shall order the discontinuance
80 of those services after [six] eight months from the removal of the child from the home if the parent
81 or parents have not made substantial efforts to comply with the treatment plan. The burden is upon
82 the parents, and the division if it supports continued reunification services, to show that the parents
83 have made substantial efforts to comply with the plan during the first [six] eight months [of
84 reunification services] after removal of the child from the home.
85 (g) With regard to a child in the custody of the division whose parent or parents have been
86 ordered to receive reunification services but who have abandoned that child for a period of six
87 months since the date that reunification services were ordered, the court shall terminate
88 reunification services, and the division shall petition the court for termination of parental rights.
89 (3) (a) Because of the state's interest in and responsibility to protect and provide

90 permanency for children who are abused, neglected, or dependent, the Legislature finds that a
91 parent's interest in receiving reunification services is limited. The court may, under any
92 circumstances, determine that efforts to reunify a child with his family are not reasonable or
93 appropriate, based on the individual circumstances, and that reunification services should not be
94 provided. In determining "reasonable efforts" to be made with respect to a child, and in making
95 "reasonable efforts," the child's health, safety, and welfare shall be the paramount concern.
96 (b) There is a presumption that reunification services should not be provided to a parent
97 if the court finds, by clear and convincing evidence, that any of the following circumstances exist:
98 (i) the whereabouts of the parents are unknown, based upon a verified affidavit indicating
99 that a reasonably diligent search has failed to locate the parent;
100 (ii) the parent is suffering from a mental illness of such magnitude that it renders him
101 incapable of utilizing reunification services; that finding shall be based on competent evidence
102 from mental health professionals establishing that, even with the provision of services, the parent
103 is unlikely to be capable of adequately caring for the child within 12 months;
104 (iii) the minor has been previously adjudicated as an abused child due to physical or sexual
105 abuse, that following the adjudication the child was removed from the custody of his parent, was
106 subsequently returned to the custody of that parent, and the minor is being removed due to
107 additional physical or sexual abuse;
108 (iv) the parent has caused the death of another child through abuse or neglect or has
109 committed, aided, abetted, attempted, conspired, or solicited to commit murder or manslaughter
110 of a child or child abuse homicide;
111 (v) the minor has suffered severe abuse by the parent or by any person known by the
112 parent, if the parent knew or reasonably should have known that the person was abusing the minor;
113 (vi) the minor has been adjudicated an abused child as a result of severe abuse by the
114 parent, and the court finds that it would not benefit the child to pursue reunification services with
115 the offending parent;
116 (vii) the parent's rights have been terminated with regard to any other child;
117 (viii) the child has been removed from his home on at least two previous occasions and
118 reunification services were offered or provided to the family at those times; or
119 (ix) the parent has abandoned the child for a period of six months or longer; or
120 (x) any other circumstance that the court determines should preclude reunification efforts

121 or services.
122 (4) (a) Failure of the parent to respond to previous services or comply with any previous
123 treatment plan, the fact that the child was abused while the parent was under the influence of drugs
124 or alcohol, a past history of violent behavior, whether a parent continues to live with an individual
125 who abused the child, any patterns of the parent's behavior that have exposed the child to repeated
126 abuse, or testimony by a competent professional that the parent's behavior is unlikely to be
127 successful, shall be considered in determining whether reunification services are appropriate.
128 (b) The court shall also consider whether the parent has expressed an interest in
129 reunification with the child, in determining whether reunification services are appropriate.
130 (5) If reunification services are not ordered pursuant to Subsection (3)(a), and the
131 whereabouts of a parent become known within six months of the out-of-home placement of the
132 minor, the court may order the division to provide reunification services. The time limits
133 described in Subsection (2), however, are not tolled by the parent's absence.
134 (6) If a parent is incarcerated or institutionalized, the court shall order reasonable services
135 unless it determines that those services would be detrimental to the minor. In determining
136 detriment, the court shall consider the age of the child, the degree of parent-child bonding, the
137 length of the sentence, the nature of the treatment, the nature of the crime or illness, the degree of
138 detriment to the child if services are not offered and, for minors ten years of age or older, the
139 minor's attitude toward the implementation of family reunification services, and any other
140 appropriate factors. Reunification services for an incarcerated parent are subject to the 12-month
141 limitation imposed in Subsection (2). Reunification services for an institutionalized parent are
142 subject to the 12-month limitation imposed in Subsection (2), unless the court determines that
143 continued reunification services would be in the child's best interest.
144 (7) If, pursuant to Subsection (3)(b)(ii), (iii), (iv),(v), (vi), (vii), (viii), (ix), or (x), the court
145 does not order reunification services, a permanency hearing shall be conducted within 30 days, in
146 accordance with Section 78-3a-312 .
147 Section 3. Section 78-3a-312 is amended to read:
148 78-3a-312. Permanency hearing -- Final plan -- Petition for termination of parental
149 rights filed -- Hearing on termination of parental rights.
150 (1) (a) When reunification services have been ordered in accordance with Section
151 78-3a-311 , with regard to a child who is in the custody of the Division of Child and Family

152 Services, a permanency hearing shall be held by the court no later than 12 months after the original
153 removal of the child.
154 (b) When no reunification services were ordered at the dispositional hearing, a permanency
155 hearing shall be held within 30 days from the date of the dispositional hearing.
156 (2) (a) If reunification services were ordered by the court in accordance with Section
157 78-3a-311 , the court shall, at the permanency hearing, determine whether the child may safely be
158 returned to the custody of his parent. If the court finds, by a preponderance of the evidence, that
159 return of the child would create a substantial risk of detriment to the child's physical or emotional
160 well-being, the child may not be returned to the custody of his parent. The failure of a parent or
161 guardian to participate in, comply with, in whole or in part, or to meet the goals of a court
162 approved treatment plan constitutes prima facie evidence that return of the child to that parent
163 would create a substantial risk of detriment.
164 (b) In making a determination under this Subsection (2), the court shall review the report
165 prepared by the Division of Child and Family Services, a report prepared by the child's guardian
166 ad litem, any report prepared by a foster care citizen review board pursuant to Section 78-3g-103 ,
167 any evidence regarding the efforts or progress demonstrated by the parent, and the extent to which
168 the parent cooperated and availed himself of services provided.
169 (3) (a) With regard to a case where reunification services were ordered by the court, if a
170 child is not returned to his parent or guardian at the permanency hearing, the court shall order
171 termination of reunification services to the parent, and make a final determination regarding
172 whether termination of parental rights, adoption, guardianship, or long-term foster care is the most
173 appropriate final plan for the child, taking into account the child's primary permanency goal
174 established by the court pursuant to Section 78-3a-311 . If the child clearly desires contact with the
175 parent, the court shall take the child's desire into consideration in determining the final plan. In
176 addition, the court shall establish a concurrent plan that identifies the second most appropriate final
177 plan for the child. The court may not extend reunification services beyond 12 months from the
178 date the child was initially removed from his home, in accordance with the provisions of Section
179 78-3a-311 , except that the court may extend reunification services for no more than 90 days if it
180 finds that there has been substantial compliance with the treatment plan, that reunification is
181 probable within that 90 day period, and that the extension is in the best interest of the child. In no
182 event may any reunification services extend beyond 15 months from the date the child was initially

183 removed from his home. Delay or failure of a parent to establish paternity or seek custody does
184 not provide a basis for the court to extend services for that parent beyond that 12 month period.
185 (b) The court may, in its discretion, enter any additional order that it determines to be in
186 the best interest of the child, so long as that order does not conflict with the requirements and
187 provisions of Subsection (3)(a). The court may order the division to provide protective supervision
188 or other services to a child and the child's family after the division's custody of a child has been
189 terminated.
190 (4) If the final plan for the child is to proceed toward termination of parental rights, the
191 petition for termination of parental rights shall be filed, and a pretrial held, within 45 calendar days
192 after the permanency hearing.
193 (5) Any party to an action may, at any time, petition the court for an expedited permanency
194 hearing on the basis that continuation of reunification efforts are inconsistent with the permanency
195 needs of the child. If the court so determines, it shall order, in accordance with federal law, that
196 the child be placed in accordance with the permanency plan, and that whatever steps are necessary
197 to finalize the permanent placement of the child be completed as quickly as possible.
198 (6) Nothing in this section may be construed to:
199 (a) entitle any parent to reunification services for any specified period of time;
200 (b) limit a court's ability to terminate reunification services at any time prior to a
201 permanency hearing; or
202 (c) limit or prohibit the filing of a petition for termination of parental rights by any party,
203 or a hearing on termination of parental rights, at any time prior to a permanency hearing. If a
204 petition for termination of parental rights is filed prior to the date scheduled for a permanency
205 hearing, the court may [schedule] consolidate the hearing on termination of parental rights [in lieu
206 of] with the permanency hearing[; combine the permanency hearing and the hearing on termination
207 of parental rights; or schedule the hearings separately]. If the court [schedules] consolidates the
208 hearing on termination of parental rights [in lieu of] with the permanency hearing, it shall first
209 make a finding whether reasonable efforts have been made by the Division of Child and Family
210 Services to finalize the permanency goal for the child, and any reunification services shall be
211 terminated in accordance with the time lines described in Section 78-3a-311 [and a]. A decision
212 on the petition for termination of parental rights shall be made within 18 months from the date of
213 the child's removal.

Legislative Review Note
as of 11-20-00 1:32 PM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

Committee Note

The Health and Human Services Interim Committee recommended this bill.