H.B. 226 Enrolled

TERMINATION OF PARENTAL RIGHTS
AMENDMENTS
2002 GENERAL SESSION
STATE OF UTAH
Sponsor: Matt Throckmorton
This act modifies the Judicial Code. The act requires a juvenile court to make certain
findings regarding a treatment plan and reunification services. The act amends the grounds
for termination of parental rights. The act provides that a court may not terminate parental
rights for failure of a parent to complete the requirements of a treatment plan. The act
provides that in certain cases in which the court has directed the Division of Child and
Family Services to provide reunification services, the court must find that the division made
reasonable efforts to provide those services before the court may terminate the parent's
rights. The act makes technical changes.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
62A-4a-802, as enacted by Chapter 134, Laws of Utah 2001
78-3a-311, as last amended by Chapters 21 and 153, Laws of Utah 2001
78-3a-407, as last amended by Chapter 134, Laws of Utah 2001
ENACTS:
78-3a-311.5, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 62A-4a-802 is amended to read:
62A-4a-802. Safe relinquishment of a newborn child.
(1) (a) A parent or a parent's designee may safely relinquish a newborn child at a hospital
in accordance with the provisions of this part and retain complete anonymity, so long as the child
has not been subject to abuse or neglect.
(b) Safe relinquishment of a newborn child who has not otherwise been subject to abuse
or neglect shall not, in and of itself, constitute neglect as defined in [Subsection] Section
62A-4a-101 [(14)(a)(i)], and the child shall not be considered a neglected child, as defined in

Section 78-3a-103 , so long as the relinquishment is carried out in substantial compliance with the
provisions of this part.
(2) (a) Personnel employed by a hospital shall accept a newborn child that is relinquished
pursuant to the provisions of this part, and may presume that the person relinquishing is the child's
parent or the parent's designee.
(b) The person receiving the newborn child may request information regarding the parent
and newborn child's medical histories, and identifying information regarding the nonrelinquishing
parent of the child.
(c) The division shall provide hospitals with medical history forms and stamped envelopes
addressed to the division that a hospital may provide to a person relinquishing a child pursuant to
the provisions of this part.
(d) Personnel employed by a hospital shall:
(i) provide any necessary medical care to the child and notify the division as soon as
possible, but no later than 24 hours after receipt of the child; and
(ii) prepare a birth certificate or foundling birth certificate if parentage is unknown and file
with the Office of Vital Records and Statistics.
(e) A hospital and personnel employed by a hospital are immune from any civil or criminal
liability arising from accepting a newborn child if the personnel employed by the hospital
substantially comply with the provisions of this part and medical treatment is administered according
to standard medical practice.
(3) The division shall assume care and custody of the child immediately upon notice from
the hospital.
(4) So long as the division determines there is no abuse or neglect of the newborn child,
neither the newborn child nor the child's parents are subject to:
(a) the provisions of Part 2 of this chapter, Child Welfare Services;
(b) the investigation provisions contained in Section 62A-4a-409 ; or
(c) the provisions of Title 78, Chapter 3a, Part 3, Abuse, Neglect, and Dependency
Proceedings.

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(5) Unless identifying information relating to the nonrelinquishing parent of the newborn
child has been provided:
(a) the division shall work with local law enforcement and the Bureau of Criminal
Identification within the Department of Public Safety in an effort to ensure that the newborn child
has not been identified as a missing child;
(b) the division shall immediately place or contract for placement of the newborn child in
a potential adoptive home and, within ten days after receipt of the child, file a petition for
termination of parental rights in accordance with Title 78, Chapter 3a, Part 4, Termination of
Parental Rights Act;
(c) the division shall direct the Office of Vital Records and Statistics to conduct a search for
a birth certificate for the child and an Initiation of Proceedings to Establish Paternity Registry for
unmarried biological fathers maintained by the Office of Vital Records and Statistics within the
Department of Health and provide notice to each potential father identified on the registry. Notice
of termination of parental rights proceedings shall be provided in the same manner as is utilized for
any other termination proceeding in which the identity of the child's parents is unknown;
(d) if no person has affirmatively identified himself or herself within two weeks after notice
is complete and established paternity by scientific testing within as expeditious a time frame as
practicable, a hearing on the petition for termination of parental rights shall be scheduled; and
(e) if a nonrelinquishing parent is not identified, relinquishment of a newborn child pursuant
to the provisions of this part shall be considered grounds for termination of parental rights of both
the relinquishing and nonrelinquishing parents under [Subsection] Section 78-3a-407 [(9)].
(6) If at any time prior to the adoption, a court finds it is in the best interest of the child, the
court shall deny the petition for termination of parental rights.
(7) The division shall provide for, or contract with a licensed child-placing agency to provide
for expeditious adoption of the newborn child.
(8) So long as the person relinquishing a newborn child is the child's parent or designee, and
there is no abuse or neglect, safe relinquishment of a newborn child in substantial compliance with
the provisions of this part is an affirmative defense to any potential criminal liability for

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abandonment or neglect relating to that relinquishment.
Section 2. Section 78-3a-311 is amended to read:
78-3a-311. Dispositional hearing -- Reunification services -- Exceptions.
(1) The court may make any of the dispositions described in Section 78-3a-118 , place the
child in the custody or guardianship of any individual or public or private entity or agency, order
protective supervision, family preservation, medical or mental health treatment, or other services.
(2) (a) (i) Whenever the court orders continued removal at the dispositional hearing, and that
the minor remain in the custody of the Division of Child and Family Services, it shall first establish
a primary permanency goal for the minor and determine whether, in view of the primary permanency
goal, reunification services are appropriate for the child and the child's family, pursuant to
Subsection (3).
(ii) When the court determines that reunification services are appropriate for the child and
the child's family, the court shall provide for reasonable parent-time with the parent or parents from
whose custody the child was removed, unless parent-time is not in the best interest of the child.
(iii) In cases where obvious sexual abuse, abandonment, or serious physical abuse or neglect
are involved, neither the division nor the court has any duty to make "reasonable efforts" or to, in
any other way, attempt to provide reunification services, or to attempt to rehabilitate the offending
parent or parents. In all cases, the child's health, safety, and welfare shall be the court's paramount
concern in determining whether reasonable efforts to reunify should be made.
(b) (i) In addition to the primary permanency goal, the court shall establish a concurrent
permanency goal. The concurrent permanency goal shall include a representative list of the
conditions under which the primary permanency goal will be abandoned in favor of the concurrent
permanency goal and an explanation of the effect of abandoning or modifying the primary
permanency goal.
(ii) A permanency hearing shall be conducted in accordance with Subsection
78-3a-312 (1)(b) within 30 days if something other than reunification is initially established as a
child's primary permanency goal.
(iii) The court may amend a child's primary permanency goal before the establishment of a

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final permanency plan under Section 78-3a-312 . The court is not limited to the terms of the
concurrent permanency goal in the event that the primary permanency goal is abandoned. If, at
anytime, the court determines that reunification is no longer a child's primary permanency goal, the
court shall conduct a permanency hearing in accordance with Section 78-3a-312 within the earlier
of 30 days of the court's determination or 12 months from the original removal of the child.
(c) (i) If the court determines that reunification services are appropriate, it shall order that
the division make reasonable efforts to provide services to the [minor] child and [his] the child's
parent for the purpose of facilitating reunification of the family, for a specified period of time. In
providing those services, the child's health, safety, and welfare shall be the division's paramount
concern, and the court shall so order.
(ii) The court shall determine whether the services offered or provided by the division under
the treatment plan constitute "reasonable efforts" on the part of the division. The court shall also
determine and define the responsibilities of the parent under the treatment plan. Those duties and
responsibilities shall be identified on the record, for the purpose of assisting in any future
determination regarding the provision of reasonable efforts, in accordance with state and federal law.
(iii) The time period for reunification services may not exceed 12 months from the date that
the child was initially removed from [his] the child's home. Nothing in this section may be construed
to entitle any parent to an entire 12 months of reunification services.
(iv) If reunification services have been ordered, the court may terminate those services at any
time.
(v) If, at any time, continuation of reasonable efforts to reunify a child is determined to be
inconsistent with the final permanency plan for the child established pursuant to Subsection
78-3a-312 , then measures shall be taken, in a timely manner, to place the child in accordance with
the permanency plan, and to complete whatever steps are necessary to finalize the permanent
placement of the child.
(d) Any physical custody of the minor by the parent or a relative during the period described
in Subsection (2)(c) does not interrupt the running of the period.
(e) (i) If reunification services have been ordered, a permanency hearing shall be conducted

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by the court in accordance with Section 78-3a-312 at the expiration of the time period for
reunification services. The permanency hearing shall be held no later than 12 months after the
original removal of the child.
(ii) If reunification services have not been ordered, a permanency hearing shall be conducted
within 30 days, in accordance with Section 78-3a-312 .
(f) With regard to a child who is 36 months of age or younger at the time the child is initially
removed from the home, the court shall:
(i) hold a permanency hearing eight months after the date of the initial removal, pursuant to
Section 78-3a-312 ; and
(ii) order the discontinuance of those services after eight months from the initial removal of
the child from the home if the parent or parents have not made substantial efforts to comply with the
treatment plan.
(g) With regard to a child in the custody of the division whose parent or parents have been
ordered to receive reunification services but who have abandoned that child for a period of six
months since the date that reunification services were ordered, the court shall terminate reunification
services, and the division shall petition the court for termination of parental rights.
(3) (a) Because of the state's interest in and responsibility to protect and provide permanency
for children who are abused, neglected, or dependent, the Legislature finds that a parent's interest in
receiving reunification services is limited. The court may determine that efforts to reunify a child
with [his] the child's family are not reasonable or appropriate, based on the individual circumstances,
and that reunification services should not be provided. In determining "reasonable efforts" to be
made with respect to a child, and in making "reasonable efforts," the child's health, safety, and
welfare shall be the paramount concern.
(b) There is a presumption that reunification services should not be provided to a parent if
the court finds, by clear and convincing evidence, that any of the following circumstances exist:
(i) the whereabouts of the parents are unknown, based upon a verified affidavit indicating
that a reasonably diligent search has failed to locate the parent;
(ii) the parent is suffering from a mental illness of such magnitude that it renders him

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incapable of utilizing reunification services; that finding shall be based on competent evidence from
mental health professionals establishing that, even with the provision of services, the parent is
unlikely to be capable of adequately caring for the child within 12 months;
(iii) the minor has been previously adjudicated as an abused child due to physical or sexual
abuse, that following the adjudication the child was removed from the custody of his parent, was
subsequently returned to the custody of that parent, and the minor is being removed due to additional
physical or sexual abuse;
(iv) the parent has caused the death of another child through abuse or neglect or has
committed, aided, abetted, attempted, conspired, or solicited to commit murder or manslaughter of
a child or child abuse homicide;
(v) the minor has suffered severe abuse by the parent or by any person known by the parent,
if the parent knew or reasonably should have known that the person was abusing the minor;
(vi) the minor has been adjudicated an abused child as a result of severe abuse by the parent,
and the court finds that it would not benefit the child to pursue reunification services with the
offending parent;
(vii) the parent's rights have been terminated with regard to any other child;
(viii) the child has been removed from his home on at least two previous occasions and
reunification services were offered or provided to the family at those times; or
(ix) the parent has abandoned the child for a period of six months or longer; or
(x) any other circumstance that the court determines should preclude reunification efforts
or services.
(4) (a) Failure of the parent to respond to previous services or comply with any previous
treatment plan, the fact that the child was abused while the parent was under the influence of drugs
or alcohol, a past history of violent behavior, whether a parent continues to live with an individual
who abused the child, any patterns of the parent's behavior that have exposed the child to repeated
abuse, or testimony by a competent professional that the parent's behavior is unlikely to be
successful, shall be considered in determining whether reunification services are appropriate.
(b) The court shall also consider whether the parent has expressed an interest in reunification

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with the child, in determining whether reunification services are appropriate.
(5) If reunification services are not ordered pursuant to Subsection (3)(a), and the
whereabouts of a parent become known within six months of the out-of-home placement of the
minor, the court may order the division to provide reunification services. The time limits described
in Subsection (2), however, are not tolled by the parent's absence.
(6) If a parent is incarcerated or institutionalized, the court shall order reasonable services
unless it determines that those services would be detrimental to the minor. In determining detriment,
the court shall consider the age of the child, the degree of parent-child bonding, the length of the
sentence, the nature of the treatment, the nature of the crime or illness, the degree of detriment to the
child if services are not offered and, for minors ten years of age or older, the minor's attitude toward
the implementation of family reunification services, and any other appropriate factors. Reunification
services for an incarcerated parent are subject to the 12-month limitation imposed in Subsection (2).
Reunification services for an institutionalized parent are subject to the 12-month limitation imposed
in Subsection (2), unless the court determines that continued reunification services would be in the
child's best interest.
(7) If, pursuant to Subsection (3)(b)(ii), (iii), (iv),(v), (vi), (vii), (viii), (ix), or (x), the court
does not order reunification services, a permanency hearing shall be conducted within 30 days, in
accordance with Section 78-3a-312 .
Section 3. Section 78-3a-311.5 is enacted to read:
78-3a-311.5. Six-month review hearing -- Court determination regarding reasonable
efforts by the Division of Child and Family Services and parental compliance with treatment
plan requirements
If reunification efforts have been ordered by the court, a hearing shall be held no more than
six months after initial removal of a child from the child's home, in order for the court to determine
whether:
(1) the division has provided and is providing "reasonable efforts" to reunify a family, in
accordance with the treatment plan established under Section 62A-4a-205 ; and
(2) the parent has fulfilled or is fulfilling identified duties and responsibilities in order to

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comply with the requirements of the treatment plan.
Section 4. Section 78-3a-407 is amended to read:
78-3a-407. Grounds for termination of parental rights -- Findings regarding
reasonable efforts.
(1) The court may terminate all parental rights with respect to [one or both parents] a parent
if it finds any one of the following:
[(1)] (a) that the parent [or parents have] has abandoned the child;
[(2)] (b) that the parent [or parents have] has neglected or abused the child;
[(3)] (c) that the parent [or parents are] is unfit or incompetent;
[(4)] (d) that the child is being cared for in an out-of-home placement under the supervision
of the court or the division[, that the division or other responsible agency has made a diligent effort
to provide appropriate services] and 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 there is a substantial likelihood that the parent will not be capable of exercising
proper and effective parental care in the near future;
[(5)] (e) failure of parental adjustment, as defined in this chapter;
[(6)] (f) that only token efforts have been made by the parent [or parents]:
[(a)] (i) to support or communicate with the child;
[(b)] (ii) to prevent neglect of the child;
[(c)] (iii) to eliminate the risk of serious physical, mental, or emotional abuse of the child;
or
[(d)] (iv) to avoid being an unfit parent;
[(7)] (g) the parent [or parents have] has voluntarily relinquished [their] the parent's parental
rights to the child, and the court finds that termination is in the child's best interest;
[(8)] (h) the parent [or parents], after a period of trial during which the child was returned
to live in [his] the child's own home, substantially and continuously or repeatedly refused or failed
to give the child proper parental care and protection; or
[(9)] (i) the terms and conditions of safe relinquishment of a newborn child have been

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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 treatment plan.
(3) (a) 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) The court is not required to make the finding under Subsection (3)(a) before terminating
a parent's rights:
(i) under Subsection (1)(b) based upon abuse or neglect found by the court to have occurred
subsequent to adjudication; or
(ii) if reasonable efforts are not required under federal law.

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