78A-6-507. Grounds for termination of parental rights -- Findings regarding
reasonable efforts.
(1) The court may terminate all parental rights with respect to a parent if the court finds
any one of the following:
(a) that the parent has abandoned the child;
(b) that the parent has neglected or abused the child;
(c) that the parent is unfit or incompetent;
(d) (i) that the child is being cared for in an out-of-home placement under the supervision
of the court or the division;
(ii) that the parent has substantially neglected, wilfully refused, or has been unable or
unwilling to remedy the circumstances that cause the child to be in an out-of-home placement;
and
(iii) that there is a substantial likelihood that the parent will not be capable of exercising
proper and effective parental care in the near future;
(e) failure of parental adjustment, as defined in this chapter;
(f) that only token efforts have been made by the parent:
(i) to support or communicate with the child;
(ii) to prevent neglect of the child;
(iii) to eliminate the risk of serious harm to the child; or
(iv) to avoid being an unfit parent;
(g) (i) that the parent has voluntarily relinquished the parent's parental rights to the child;
and
(ii) that termination is in the child's best interest;
(h) that, after a period of trial during which the child was returned to live in the child's
own home, the parent substantially and continuously or repeatedly refused or failed to give the
child proper parental care and protection; or
(i) the terms and conditions of safe relinquishment of a newborn child have been
complied with, pursuant to Title 62A, Chapter 4a, Part 8, Safe Relinquishment of a Newborn
Child.
(2) The court may not terminate the parental rights of a parent because the parent has
failed to complete the requirements of a child and family plan.
(3) (a) Except as provided in Subsection (3)(b), in any case in which the court has
directed the division to provide reunification services to a parent, the court must find that the
division made reasonable efforts to provide those services before the court may terminate the
parent's rights under Subsection (1)(b), (c), (d), (e), (f), or (h).
(b) Notwithstanding Subsection (3)(a), the court is not required to make the finding
under Subsection (3)(a) before terminating a parent's rights:
(i) under Subsection (1)(b), if the court finds that the abuse or neglect occurred
subsequent to adjudication; or
(ii) if reasonable efforts to provide the services described in Subsection (3)(a) are not
required under federal law.
Renumbered and Amended by Chapter 3, 2008 General Session
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Last revised: Thursday, May 28, 2009