7 LONG TITLE
8 General Description:
9 This bill amends provisions of the Restoration of Parental Rights Act.
10 Highlighted Provisions:
11 This bill:
12 ▸ permits a child of any age to petition to restore parental rights.
13 Money Appropriated in this Bill:
15 Other Special Clauses:
17 Utah Code Sections Affected:
19 78A-6-1403, as enacted by Laws of Utah 2013, Chapter 340
20 78A-6-1404, as enacted by Laws of Utah 2013, Chapter 340
22 Be it enacted by the Legislature of the state of Utah:
23 Section 1. Section 78A-6-1403 is amended to read:
24 78A-6-1403. Petition to restore parental rights -- Duties of the division.
25 (1) A child, who is 12 years of age or older, or an authorized representative acting on
26 behalf of a child of any age, may file a petition to restore parental rights if:
29 legal relationship; and
31 (i) has not been adopted and is not in an adoptive placement, or is unlikely to be
32 adopted before the child is 18 years of age; or
33 (ii) was previously adopted following a termination of a parent-child legal relationship,
34 but the adoption failed and the child was returned to the custody of the division.
43 (a) filed in the juvenile court that previously terminated the parent-child relationship;
45 (b) served on the division.
47 and who qualifies for restoration of parental rights under [
48 Subsection (1) that the child is eligible to petition for restoration under this part.
50 authorized representative acting on behalf of a child, the division shall:
51 (a) make a diligent effort to locate the former parent whose rights may be restored
52 under this part; and
53 (b) if the former parent is found, as described in Subsection [
54 former parent of:
55 (i) the legal effects of restoration; and
56 (ii) the time and date of the hearing on the petition.
58 60 days, after the day on which the petition is filed with the court.
60 confidential report to the court that includes the following information:
61 (a) material changes in circumstances since the termination of parental rights;
62 (b) a summary of the reasons why parental rights were terminated;
63 (c) the date on which parental rights were terminated;
64 (d) the willingness of the former parent to resume contact with the child and have
65 parental rights restored;
66 (e) the ability of the former parent to be involved in the life of the child and accept
67 physical custody of, and responsibility for, the child; and
68 (f) any other information the division reasonably considers appropriate and
70 (7) (a) A former parent who remedies the circumstances that resulted in the termination
71 of the former parent's parental rights and who is capable of exercising proper and effective
72 parental care, shall notify the division that if the circumstances described in Subsection (1) are
73 established, the former parent desires and requests to have the former parent's parental rights
75 (b) The former parent's request to the division shall be fully and fairly considered by
76 the division for appropriate submittal to the court.
77 Section 2. Section 78A-6-1404 is amended to read:
78 78A-6-1404. Hearing on the petition to restore parental rights.
101 interest of the child [
103 the child, the court shall consider:
104 (a) whether the former parent has been sufficiently rehabilitated from the behavior that
105 resulted in the termination of the parent-child relationship;
106 (b) extended family support for the former parent; and
107 (c) other material changes of circumstances, if any, that may have occurred that warrant
108 the granting of the motion.
109 (3) At the hearing on a petition described in Section 78A-6-1403, if the former parent
110 consents and if the court finds by clear and convincing evidence that it is in the best interest of
111 the child, the court may:
112 (a) allow contact between the former parent and the child, and describe the conditions
113 under which contact may take place;
114 (b) order that the child be placed with the former parent, in a temporary custody and
115 guardianship relationship, to be reevaluated after the child has been placed with the former
116 parent for six months; or
117 (c) restore the parental rights of the parent.
118 (4) If the court orders the child to be placed in the physical custody of the former
119 parent under Subsection [
120 (a) whether that custody is subject to:
121 (i) continued evaluation by the court; or
122 (ii) the supervision of the division; and
123 (b) the terms and conditions of reunification.