H.B. 286

1

DIVISION OF CHILD AND FAMILY
2 SERVICES TREATMENT PLANS AND
3 REUNIFICATION SERVICES
4 2002 GENERAL SESSION
5 STATE OF UTAH
6 Sponsor: Rebecca D. Lockhart
7 This act modifies the Human Services Code and the Judicial Code. The act amends
8 treatment plan and reunification services code provisions to allow for, if requested by a
9 parent, a guardian, or the child, the involvement of a clergy member or a mental health
10 therapist selected by a parent, a guardian, or the child, including a mental health therapist
11 who is sponsored or employed by, or a member of, the religion with which the child is
12 affiliated. The act provides that a clergy member or mental health therapist requested by
13 any person other than the custodial parent or guardian must be approved by the custodial
14 parent or guardian.
15 This act affects sections of Utah Code Annotated 1953 as follows:
16 AMENDS:
17 62A-4a-205, as last amended by Chapter 255, Laws of Utah 2001
18 78-3a-311, as last amended by Chapters 21 and 153, Laws of Utah 2001
19 Be it enacted by the Legislature of the state of Utah:
20 Section 1. Section 62A-4a-205 is amended to read:
21 62A-4a-205. Treatment plans.
22 (1) No more than 45 days after a child enters the temporary custody of the division, the
23 child's treatment plan shall be finalized.
24 (2) The division shall use an interdisciplinary team approach in developing each treatment
25 plan. An interdisciplinary team shall include, but is not limited to, representatives from mental
26 health, education, and, where appropriate, a representative of law enforcement.
27 (3) (a) The division shall involve all of the following in the development of a child's

28 treatment plan:
29 (i) both of the child's natural parents, unless the whereabouts of a parent are unknown;
30 (ii) the child;
31 (iii) the child's foster parents; and
32 (iv) where appropriate, the child's stepparent.
33 (b) In relation to all information considered by the division in developing a treatment plan,
34 additional weight and attention shall be given to the input of the child's natural and foster parents
35 upon their involvement pursuant to Subsections (3)(a)(i) and (iii).
36 (4) A copy of the treatment plan shall be provided to the guardian ad litem, and to the
37 child's natural parents and foster parents immediately upon completion, or as soon as is reasonably
38 possible thereafter.
39 (5) Each treatment plan shall specifically provide for the safety of the child, in accordance
40 with federal law, and clearly define what actions or precautions will, or may be, necessary to
41 provide for the health, safety, protection, and welfare of the child.
42 (6) The plan shall set forth, with specificity, at least the following:
43 (a) the reason the child entered Division of Child and Family Services custody, and
44 documentation of the reasonable efforts made to prevent placement, or documentation of the
45 emergency situation that existed and that prevented reasonable efforts;
46 (b) the primary permanency goal for the child and the reason for selection of that goal;
47 (c) the concurrent permanency goal for the child and the reason for the selection of that
48 goal;
49 (d) if the plan is for the child to return to his family, specifically what the parents must do
50 in order to enable the child to be returned home, specifically how those requirements may be
51 accomplished, and how those requirements will be measured;
52 (e) the specific services needed to reduce the problems that necessitated placement in the
53 division's custody, and who will provide for and be responsible for case management;
54 (f) a parent-time schedule between the natural parent and the child;
55 (g) the health care to be provided to the child, and the mental health care to be provided
56 to address any known or diagnosed mental health needs of the child. If residential treatment, rather
57 than a foster home, is the proposed placement, a specialized assessment of the child's health needs
58 shall be conducted, including an assessment of mental illness and behavior and conduct disorders;

59 and
60 (h) social summaries that include case history information pertinent to case planning.
61 (7) (a) Each treatment plan shall be specific to each child and his family, rather than
62 general. The division shall train its workers to develop treatment plans that comply with federal
63 mandates and the specific needs of the particular child and his family.
64 (b) All treatment plans and expectations shall be individualized and contain specific time
65 frames.
66 (c) Treatment plans shall address problems that keep children in placement and keep them
67 from achieving permanence in their lives.
68 (d) The child's natural parents, foster parents, and where appropriate, stepparents, shall be
69 kept informed of and supported to participate in important meetings and procedures related to the
70 child's placement.
71 (8) With regard to a child who is three years of age or younger, if the goal is not to return
72 the child home, the permanency plan for that child shall be adoption unless there are documented
73 extenuating circumstances that justify long-term foster care or guardianship.
74 (9) A treatment plan may include, if requested by a parent, a guardian, or the child,
75 counseling with:
76 (a) a member of the clergy of the religion with which the child or the child's custodial
77 parent or guardian is affiliated; and
78 (b) a mental health therapist, as defined in Section 58-60-102 , selected by a parent, a
79 guardian, or the child, including a mental health therapist who is sponsored or employed by, or a
80 member of, the religion with which the child or the child's custodial parent or guardian is affiliated.
81 (10) A member of the clergy or mental health therapist requested by any person other than
82 the custodial parent or guardian of the child under Subsection (9) must be approved by the
83 custodial parent or guardian of the child.
84 Section 2. Section 78-3a-311 is amended to read:
85 78-3a-311. Dispositional hearing -- Reunification services -- Exceptions.
86 (1) The court may make any of the dispositions described in Section 78-3a-118 , place the
87 child in the custody or guardianship of any individual or public or private entity or agency, order
88 protective supervision, family preservation, medical or mental health treatment, or other services.
89 (2) (a) (i) Whenever the court orders continued removal at the dispositional hearing, and

90 that the minor remain in the custody of the Division of Child and Family Services, it shall first
91 establish a primary permanency goal for the minor and determine whether, in view of the primary
92 permanency goal, reunification services are appropriate for the child and the child's family,
93 pursuant to Subsection (3).
94 (ii) When the court determines that reunification services are appropriate for the child and
95 the child's family, the court shall provide for reasonable parent-time with the parent or parents
96 from whose custody the child was removed, unless parent-time is not in the best interest of the
97 child.
98 (iii) In cases where obvious sexual abuse, abandonment, or serious physical abuse or
99 neglect are involved, neither the division nor the court has any duty to make "reasonable efforts"
100 or to, in any other way, attempt to provide reunification services, or to attempt to rehabilitate the
101 offending parent or parents. In all cases, the child's health, safety, and welfare shall be the court's
102 paramount concern in determining whether reasonable efforts to reunify should be made.
103 (b) (i) In addition to the primary permanency goal, the court shall establish a concurrent
104 permanency goal. The concurrent permanency goal shall include a representative list of the
105 conditions under which the primary permanency goal will be abandoned in favor of the concurrent
106 permanency goal and an explanation of the effect of abandoning or modifying the primary
107 permanency goal.
108 (ii) A permanency hearing shall be conducted in accordance with Subsection
109 78-3a-312 (1)(b) within 30 days if something other than reunification is initially established as a
110 child's primary permanency goal.
111 (iii) The court may amend a child's primary permanency goal before the establishment of
112 a final permanency plan under Section 78-3a-312 . The court is not limited to the terms of the
113 concurrent permanency goal in the event that the primary permanency goal is abandoned. If, at
114 anytime, the court determines that reunification is no longer a child's primary permanency goal,
115 the court shall conduct a permanency hearing in accordance with Section 78-3a-312 within the
116 earlier of 30 days of the court's determination or 12 months from the original removal of the child.
117 (c) If the court determines that reunification services are appropriate, it shall order that the
118 division make reasonable efforts to provide services to the minor and his parent for the purpose
119 of facilitating reunification of the family, for a specified period of time. In providing those
120 services, the child's health, safety, and welfare shall be the division's paramount concern, and the

121 court shall so order. The time period for reunification services may not exceed 12 months from
122 the date that the child was initially removed from his home. Nothing in this section may be
123 construed to entitle any parent to an entire 12 months of reunification services. If reunification
124 services have been ordered, the court may terminate those services at any time. If, at any time,
125 continuation of reasonable efforts to reunify a child is determined to be inconsistent with the final
126 permanency plan for the child established pursuant to Subsection 78-3a-312 , then measures shall
127 be taken, in a timely manner, to place the child in accordance with the permanency plan, and to
128 complete whatever steps are necessary to finalize the permanent placement of the child.
129 (d) Any physical custody of the minor by the parent or a relative during the period
130 described in Subsection (2)(c) does not interrupt the running of the period.
131 (e) (i) If reunification services have been ordered, a permanency hearing shall be
132 conducted by the court in accordance with Section 78-3a-312 at the expiration of the time period
133 for reunification services. The permanency hearing shall be held no later than 12 months after the
134 original removal of the child.
135 (ii) If reunification services have not been ordered, a permanency hearing shall be
136 conducted within 30 days, in accordance with Section 78-3a-312 .
137 (f) With regard to a child who is 36 months of age or younger at the time the child is
138 initially removed from the home, the court shall:
139 (i) hold a permanency hearing eight months after the date of the initial removal, pursuant
140 to Section 78-3a-312 ; and
141 (ii) order the discontinuance of those services after eight months from the initial removal
142 of the child from the home if the parent or parents have not made substantial efforts to comply with
143 the treatment plan.
144 (g) With regard to a child in the custody of the division whose parent or parents have been
145 ordered to receive reunification services but who have abandoned that child for a period of six
146 months since the date that reunification services were ordered, the court shall terminate
147 reunification services, and the division shall petition the court for termination of parental rights.
148 (3) (a) Because of the state's interest in and responsibility to protect and provide
149 permanency for children who are abused, neglected, or dependent, the Legislature finds that a
150 parent's interest in receiving reunification services is limited. The court may determine that efforts
151 to reunify a child with his family are not reasonable or appropriate, based on the individual

152 circumstances, and that reunification services should not be provided. In determining "reasonable
153 efforts" to be made with respect to a child, and in making "reasonable efforts," the child's health,
154 safety, and welfare shall be the paramount concern.
155 (b) There is a presumption that reunification services should not be provided to a parent
156 if the court finds, by clear and convincing evidence, that any of the following circumstances exist:
157 (i) the whereabouts of the parents are unknown, based upon a verified affidavit indicating
158 that a reasonably diligent search has failed to locate the parent;
159 (ii) the parent is suffering from a mental illness of such magnitude that it renders him
160 incapable of utilizing reunification services; that finding shall be based on competent evidence
161 from mental health professionals establishing that, even with the provision of services, the parent
162 is unlikely to be capable of adequately caring for the child within 12 months;
163 (iii) the minor has been previously adjudicated as an abused child due to physical or sexual
164 abuse, that following the adjudication the child was removed from the custody of his parent, was
165 subsequently returned to the custody of that parent, and the minor is being removed due to
166 additional physical or sexual abuse;
167 (iv) the parent has caused the death of another child through abuse or neglect or has
168 committed, aided, abetted, attempted, conspired, or solicited to commit murder or manslaughter
169 of a child or child abuse homicide;
170 (v) the minor has suffered severe abuse by the parent or by any person known by the
171 parent, if the parent knew or reasonably should have known that the person was abusing the minor;
172 (vi) the minor has been adjudicated an abused child as a result of severe abuse by the
173 parent, and the court finds that it would not benefit the child to pursue reunification services with
174 the offending parent;
175 (vii) the parent's rights have been terminated with regard to any other child;
176 (viii) the child has been removed from his home on at least two previous occasions and
177 reunification services were offered or provided to the family at those times; or
178 (ix) the parent has abandoned the child for a period of six months or longer; or
179 (x) any other circumstance that the court determines should preclude reunification efforts
180 or services.
181 (4) (a) Failure of the parent to respond to previous services or comply with any previous
182 treatment plan, the fact that the child was abused while the parent was under the influence of drugs

183 or alcohol, a past history of violent behavior, whether a parent continues to live with an individual
184 who abused the child, any patterns of the parent's behavior that have exposed the child to repeated
185 abuse, or testimony by a competent professional that the parent's behavior is unlikely to be
186 successful, shall be considered in determining whether reunification services are appropriate.
187 (b) The court shall also consider whether the parent has expressed an interest in
188 reunification with the child, in determining whether reunification services are appropriate.
189 (5) If reunification services are not ordered pursuant to Subsection (3)(a), and the
190 whereabouts of a parent become known within six months of the out-of-home placement of the
191 minor, the court may order the division to provide reunification services. The time limits
192 described in Subsection (2), however, are not tolled by the parent's absence.
193 (6) If a parent is incarcerated or institutionalized, the court shall order reasonable services
194 unless it determines that those services would be detrimental to the minor. In determining
195 detriment, the court shall consider the age of the child, the degree of parent-child bonding, the
196 length of the sentence, the nature of the treatment, the nature of the crime or illness, the degree of
197 detriment to the child if services are not offered and, for minors ten years of age or older, the
198 minor's attitude toward the implementation of family reunification services, and any other
199 appropriate factors. Reunification services for an incarcerated parent are subject to the 12-month
200 limitation imposed in Subsection (2). Reunification services for an institutionalized parent are
201 subject to the 12-month limitation imposed in Subsection (2), unless the court determines that
202 continued reunification services would be in the child's best interest.
203 (7) If, pursuant to Subsection (3)(b)(ii), (iii), (iv),(v), (vi), (vii), (viii), (ix), or (x), the court
204 does not order reunification services, a permanency hearing shall be conducted within 30 days, in
205 accordance with Section 78-3a-312 .
206 (8) (a) Reunification services may include, if requested by a parent, a guardian, or the
207 child, counseling with:
208 (i) a member of the clergy of the religion with which the child or the child's custodial
209 parent or guardian is affiliated; and
210 (ii) a mental health therapist, as defined in Section 58-60-102 , selected by a parent, a
211 guardian, or the child, including a mental health therapist who is sponsored or employed by, or a
212 member of, the religion with which the child or the child's custodial parent or guardian is affiliated.
213 (b) A member of the clergy or mental health therapist requested by any person other than

214 the custodial parent or guardian of the child under Subsection (8)(a) must be approved by the
215 custodial parent or guardian of the child.




Legislative Review Note
as of 1-28-02 11:09 AM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel