H.B.
156
RESTORATION OF TERMINATED PARENTAL RIGHTS
House Floor
Amendments
Amendment 4 March 7, 2013 1:38 PM
Representative LaVar Christensen
proposes the following amendments:
1. Page
1, Lines 15 through 18
:
15
{
. authorizes a parent to nominate a relative to serve as a legal guardian for the parent's
16
child in the event of a termination of parental rights;
17
. describes the circumstances under which a court may grant a guardianship petition;
}
18
. permits a former parent, or a
legally authorized representative of a
child
,
{
12 years
of age or older,
}
to submit a motion for
2. Page
3, Line 60
House Floor Amendments
3-6-2013
:
60
home and bring up children is
a
fundamental and
{
beyond the reach of any court
}
protected
liberty interest
.
3. Page
3, Line 64 through Page 4, Line 108
House Floor Amendments
3-6-2013
:
64
{
Section 2.
Section
78A-6-507.5
is enacted to read:
65
78A-6-507.5. Contesting a petition to terminate parental rights -- Submitting a
66
nominee for guardianship -- Guardianship process.
67
(1) A parent who receives notice of a petition to terminate parental rights under Section
68
78A-6-506
and disputes that the parent's parental rights should be terminated, may:
69
(a) contest the petition; and
70
(b) in the alternative, H. [submit a petition naming] name .H an individual H. [to
70a
serve] for the court to consider .H as legal guardian
71
for the child, if:
72
(i) the nominee is an adult who is a grandparent, great-grandparent, aunt, great-aunt,
73
uncle, great-uncle, brother-in-law, sister-in-law, stepparent, first cousin, sibling, or stepsibling
74
of the child;
75
(ii) the nominee consents to the guardianship relationship; and
76
(iii) the parent's rights are ultimately terminated.
77
H. [(2) The division shall make a recommendation to the court regarding the fitness of the
78
nominee described in Subsection (1) to serve as the child's guardian.]
79
[(3)] (2) .H The court shall:
80
(a) consider:
81
(i) the principles, rights, protections, and requirements described and recognized in this
82
part;
83
H. [(ii) the recommendation of the division, described in Subsection (2);]
84
[(iii)] (ii) .H the desires of the child, if the child is 12 years of age or older;
85
H. [(iv)] (iii) .H the fundamental right of a parent to choose who shall raise and care for
85a
the parent's
86
child; and
87
H. [(v)] (iv) .H the fundamental right of a child to be reared by the child's parent or the
87a
parent's
88
designee; and
89
(b) if it appears the parent will not be able to successfully contest the petition for
90
termination
of parental rights, order a legal guardianship relationship between the child and the
91
nominee, if it is in the best interest of the child and a means of achieving the strong public
92
policy in support of family preservation.
93
H. [(4)] (3) .H In an order granting H. [the petition for] .H guardianship H. under
93a
this section .H , the court shall describe:
94
(a) what limitations, if any, the guardian shall place on the parent's access to the child
95
as a condition for continued guardianship; and
96
(b) what role, if any, the division will fill in supervising the guardianship placement.
97
H. [(5)] (4) .H If granted, the court shall review the guardianship placement six months
97a
after the
98
day on which the guardianship petition is granted to review whether guardianship is still
99
appropriate and consistent with controlling constitutional rights.
100
H. [(6)] (5) .H Nothing in this section shall be construed as a guarantee that a nominee
100a
will be
101
allowed to serve as a legal guardian for a child, but the nominee shall be given added weight
102
and strong and thorough consideration.
103
H. [(7)] (6) .H Legal guardianship, as described and established in this section, is:
104
(a) considered a permanent placement for purposes of complying with federal law, if
105
the guardianship is ordered without the continued supervision of the division; and
106
(b) most appropriate when a former parent:
107
(i) has made progress toward becoming a fit parent, but has not yet succeeded; and
108
(ii) may become a fit parent with additional time and assistance.
}
4. Page
4, Line 120 through Page 5, Line 122
House Floor Amendments
3-6-2013
:
120
agency or the division for adoption;
{
[or]
}
or
121
(b) make any other disposition of the child authorized under Section
78A-6-117
{
[.]; or
122
(c) place the child in a guardianship relationship under Section
78A-6-513.5
.
}
.
5. Page
5, Line 130
:
130
are relatives who are willing to adopt the child;
{
[and]
}
and
6. Page
5, Lines 134 through 135
:
134
relative is not in the best interest of the child
{
[.]; and
}
.
135
{
(d) shall consider a legal guardianship, under Section
78A-6-513.5
.
}
7. Page
5, Line 145
:
145
(3) [After] Except as provided in
{
Section
78A-6-513.5
}
Sections 78A-6-1401 through 1404
,
after the termination of a
8. Page
6, Lines 160 through 161
House Floor Amendments
3-6-2013
:
160
(a) a
legally authorized individual acting on behalf of a
child
{
, age 12 or older,
}
whose parent-child relationship to the former parent was
161
terminated under this chapter
{
, or an individual acting on the child's behalf
}
; or
9. Page
6, Lines 165 through 168
House Floor Amendments
3-6-2013
:
165
(i)
{
12
}
18
months have passed since the court ordered termination of the parent-child legal
166
relationship and
:
(A)
the child has not been adopted;
{
or
}
and
(B) the child is not in an adoptive placement; or
167
(ii) the child has been adopted, but the
{
adoptive parents have H. returned and .H
167a
relinquished the child to
168
the custody of the division or another person.
}
adoption has failed and custody and guardianship
have returned to the state by court order.
10. Page
7, Line 197
House Floor Amendments
3-6-2013
:
197
by
{
a preponderance of the
}
clear and convincing
evidence that it is in the best interest of the
child, may:
11. Page
7, Line 203
House Floor Amendments
3-6-2013
:
203
(2) (a) In determining whether reunification is
{
required
}
appropriate
and in the best interest
of the
12. Page
7, Lines 206 through 209
House Floor Amendments
3-6-2013
:
206
resulted in the termination of the parent-child relationship;
{
and
}
207
(ii) extended family support for the former parent
{
.
}
; and
(iii) other material changes of circumstances, if any, that may have occurred that warrant the
granting of the motion.
208
(b) The court shall also consider
, balance, and protect
the fundamental liberty interests of
{
the
former parent
209
and child.
}
both parents and children.
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