78A-6-314.   Permanency hearing -- Final plan -- Petition for termination of parental rights filed -- Hearing on termination of parental rights.
     (1) (a) When reunification services have been ordered in accordance with Section 78A-6-312, with regard to a minor who is in the custody of the Division of Child and Family Services, a permanency hearing shall be held by the court no later than 12 months after the original removal of the minor.
     (b) If reunification services were not ordered at the dispositional hearing, a permanency hearing shall be held within 30 days from the date of the dispositional hearing.
     (2) (a) If reunification services were ordered by the court in accordance with Section 78A-6-312, the court shall, at the permanency hearing, determine, consistent with Subsection (3), whether the minor may safely be returned to the custody of the minor's parent.
     (b) If the court finds, by a preponderance of the evidence, that return of the minor would create a substantial risk of detriment to the minor's physical or emotional well-being, the minor may not be returned to the custody of the minor's parent.
     (c) Prima facie evidence that return of the minor to a parent or guardian would create a substantial risk of detriment to the minor is established if the parent or guardian fails to:
     (i) participate in a court approved child and family plan;
     (ii) comply with a court approved child and family plan in whole or in part; or
     (iii) meet the goals of a court approved child and family plan.
     (3) In making a determination under Subsection (2)(a), the court shall review and consider:
     (a) the report prepared by the Division of Child and Family Services;
     (b) any admissible evidence offered by the minor's guardian ad litem;
     (c) any report submitted by the division under Subsection 78A-6-315(3)(a)(i);
     (d) any evidence regarding the efforts or progress demonstrated by the parent; and
     (e) the extent to which the parent cooperated and availed himself of the services provided.
     (4) (a) With regard to a case where reunification services were ordered by the court, if a minor is not returned to the minor's parent or guardian at the permanency hearing, the court shall:
     (i) order termination of reunification services to the parent;
     (ii) make a final determination regarding whether termination of parental rights, adoption, or permanent custody and guardianship is the most appropriate final plan for the minor, taking into account the minor's primary permanency goal established by the court pursuant to Section 78A-6-312; and
     (iii) establish a concurrent plan that identifies the second most appropriate final plan for the minor.
     (b) If the Division of Child and Family Services 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 minor's best interest, the court may order another planned permanent living arrangement, in accordance with federal law.
     (c) If the minor clearly desires contact with the parent, the court shall take the minor's desire into consideration in determining the final plan.
     (d) Consistent with Subsection (4)(e), the court may not extend reunification services beyond 12 months from the date the minor was initially removed from the minor's home, in accordance with the provisions of Section 78A-6-312, except that the court may extend

reunification services for no more than 90 days if the court finds that:
     (i) there has been substantial compliance with the child and family plan;
     (ii) reunification is probable within that 90-day period; and
     (iii) the extension is in the best interest of the minor.
     (e) (i) In no event may any reunification services extend beyond 15 months from the date the minor was initially removed from the minor's home.
     (ii) Delay or failure of a parent to establish paternity or seek custody does not provide a basis for the court to extend services for that parent beyond that 12-month period.
     (f) The court may, in its discretion:
     (i) enter any additional order that it determines to be in the best interest of the minor, so long as that order does not conflict with the requirements and provisions of Subsections (4)(a) through (e); or
     (ii) order the division to provide protective supervision or other services to a minor and the minor's family after the division's custody of a minor has been terminated.
     (5) If the final plan for the minor is to proceed toward termination of parental rights, the petition for termination of parental rights shall be filed, and a pretrial held, within 45 calendar days after the permanency hearing.
     (6) (a) Any party to an action may, at any time, petition the court for an expedited permanency hearing on the basis that continuation of reunification efforts are inconsistent with the permanency needs of the minor.
     (b) If the court so determines, it shall order, in accordance with federal law, that:
     (i) the minor be placed in accordance with the permanency plan; and
     (ii) whatever steps are necessary to finalize the permanent placement of the minor be completed as quickly as possible.
     (7) Nothing in this section may be construed to:
     (a) entitle any parent to reunification services for any specified period of time;
     (b) limit a court's ability to terminate reunification services at any time prior to a permanency hearing; or
     (c) limit or prohibit the filing of a petition for termination of parental rights by any party, or a hearing on termination of parental rights, at any time prior to a permanency hearing.
     (8) (a) Subject to Subsection (8)(b), if a petition for termination of parental rights is filed prior to the date scheduled for a permanency hearing, the court may consolidate the hearing on termination of parental rights with the permanency hearing.
     (b) For purposes of Subsection (8)(a), if the court consolidates the hearing on termination of parental rights with the permanency hearing:
     (i) the court shall first make a finding regarding whether reasonable efforts have been made by the Division of Child and Family Services to finalize the permanency goal for the minor; and
     (ii) any reunification services shall be terminated in accordance with the time lines described in Section 78A-6-312.
     (c) A decision on a petition for termination of parental rights shall be made within 18 months from the day on which the minor is removed from the minor's home.
     (9) If a court determines that a child will not be returned to a parent of the child, the court shall consider appropriate placement options inside and outside of the state.

Amended by Chapter 161, 2009 General Session
Download Code Section Zipped WordPerfect 78A06_031400.ZIP 4,613 Bytes

Sections in this Chapter|Chapters in this Title|All Titles|Legislative Home Page

Last revised: Thursday, May 28, 2009