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62A-4a-205. Child and family plan -- Parent-time.
(1) No more than 45 days after a child enters the temporary custody of the division, the
child's child and family plan shall be finalized.
(2) (a) The division may use an interdisciplinary team approach in developing each child
and family plan.
(b) The interdisciplinary team described in Subsection (2)(a) may include representatives
from the following fields:
(i) mental health;
(ii) education; and
(iii) if appropriate, law enforcement.
(3) (a) The division shall involve all of the following in the development of a child's
child and family plan:
(i) both of the child's natural parents, unless the whereabouts of a parent are unknown;
(ii) the child;
(iii) the child's foster parents;
(iv) if appropriate, the child's stepparent; and
(v) the child's guardian ad litem, if one has been appointed by the court.
(b) In relation to all information considered by the division in developing a child and
family plan, additional weight and attention shall be given to the input of the child's natural and
foster parents upon their involvement pursuant to Subsections (3)(a)(i) and (iii).
(c) (i) The division shall make a substantial effort to develop a child and family plan with
which the child's parents agree.
(ii) If a parent does not agree with a child and family plan:
(A) the division shall strive to resolve the disagreement between the division and the
parent; and
(B) if the disagreement is not resolved, the division shall inform the court of the
disagreement.
(4) A copy of the child and family plan shall, immediately upon completion, or as soon
as reasonably possible thereafter, be provided to the:
(a) guardian ad litem;
(b) child's natural parents; and
(c) child's foster parents.
(5) Each child and family plan shall:
(a) specifically provide for the safety of the child, in accordance with federal law; and
(b) clearly define what actions or precautions will, or may be, necessary to provide for
the health, safety, protection, and welfare of the child.
(6) The child and family plan shall set forth, with specificity, at least the following:
(a) the reason the child entered into the custody of the division;
(b) documentation of the:
(i) reasonable efforts made to prevent placement of the child in the custody of the
division; or
(ii) emergency situation that existed and that prevented the reasonable efforts described
in Subsection (6)(b)(i), from being made;
(c) the primary permanency goal for the child and the reason for selection of that goal;
(d) the concurrent permanency goal for the child and the reason for the selection of that
goal;
(e) if the plan is for the child to return to the child's family:
(i) specifically what the parents must do in order to enable the child to be returned home;
(ii) specifically how the requirements described in Subsection (6)(e)(i) may be
accomplished; and
(iii) how the requirements described in Subsection (6)(e)(i) will be measured;
(f) the specific services needed to reduce the problems that necessitated placing the child
in the division's custody;
(g) the name of the person who will provide for and be responsible for case management;
(h) subject to Subsection (10), a parent-time schedule between the natural parent and the
child;
(i) subject to Subsection (7), the health and mental health care to be provided to address
any known or diagnosed mental health needs of the child;
(j) if residential treatment rather than a foster home is the proposed placement, a
requirement for a specialized assessment of the child's health needs including an assessment of
mental illness and behavior and conduct disorders; and
(k) social summaries that include case history information pertinent to case planning.
(7) (a) Subject to Subsection (7)(b), in addition to the information required under
Subsection (6)(i), the plan shall include a specialized assessment of the medical and mental
health needs of a child, if the child:
(i) is placed in residential treatment; and
(ii) has medical or mental health issues that need to be addressed.
(b) Notwithstanding Subsection (7)(a), a parent shall retain the right to seek a separate
medical or mental health diagnosis of the parent's child from a licensed practitioner of the
parent's choice.
(8) (a) Each child and family plan shall be specific to each child and the child's family,
rather than general.
(b) The division shall train its workers to develop child and family plans that comply
with:
(i) federal mandates; and
(ii) the specific needs of the particular child and the child's family.
(c) All child and family plans and expectations shall be individualized and contain
specific time frames.
(d) Subject to Subsection (8)(h), child and family plans shall address problems that:
(i) keep a child in placement; and
(ii) keep a child from achieving permanence in the child's life.
(e) Each child and family plan shall be designed to minimize disruption to the normal
activities of the child's family, including employment and school.
(f) In particular, the time, place, and amount of services, hearings, and other
requirements ordered by the court in the child and family plan shall be designed, as much as
practicable, to help the child's parents maintain or obtain employment.
(g) The child's natural parents, foster parents, and where appropriate, stepparents, shall
be kept informed of and supported to participate in important meetings and procedures related to
the child's placement.
(h) For purposes of Subsection (8)(d), a child and family plan may only include
requirements that:
(i) address findings made by the court; or
(ii) (A) are requested or consented to by a parent or guardian of the child; and
(B) are agreed to by the division and the guardian ad litem.
(9) (a) Except as provided in Subsection (9)(b), with regard to a child who is three years
of age or younger, if the goal is not to return the child home, the permanency plan for that child
shall be adoption.
(b) Notwithstanding Subsection (9)(a), if the division documents to the court that there is
a compelling reason that adoption, reunification, guardianship, and a placement described in
Subsection 78A-6-306(6)(e) are not in the child's best interest, the court may order another
planned permanent living arrangement in accordance with federal law.
(10) (a) Except as provided in Subsection (10)(b), parent-time may only be denied by a
court order issued pursuant to Subsections 78A-6-312(3), (6), and (7).
(b) Notwithstanding Subsection (10)(a), the person designated by the division or a court
to supervise a parent-time session may deny parent-time for that session if the supervising person
determines that, based on the parent's condition, it is necessary to deny parent-time in order to:
(i) protect the physical safety of the child;
(ii) protect the life of the child; or
(iii) consistent with Subsection (10)(c), prevent the child from being traumatized by
contact with the parent.
(c) In determining whether the condition of the parent described in Subsection (10)(b)
will traumatize a child, the person supervising the parent-time session shall consider the impact
that the parent's condition will have on the child in light of:
(i) the child's fear of the parent; and
(ii) the nature of the alleged abuse or neglect.
(11) The division shall consider visitation with their grandparents for children in state
custody if the division determines visitation to be in the best interest of the child and:
(a) there are no safety concerns regarding the behavior or criminal background of the
grandparents;
(b) allowing visitation would not compete with or undermine reunification goals;
(c) there is a substantial relationship between the grandparents and children; and
(d) the visitation will not unduly burden the foster parents.
Amended by Chapter 158, 2011 General Session
Amended by Chapter 167, 2011 General Session
Amended by Chapter 233, 2011 General Session
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