This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Tue, Feb 17, 2015 at 12:20 PM by lpoole.
1     
CHILD WELFARE AMENDMENTS

2     
2015 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Wayne A. Harper

5     
House Sponsor: Paul Ray

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions of the Utah Code related to child welfare.
10     Highlighted Provisions:
11          This bill:
12          ▸     amends provisions related to a primary permanency plan and a concurrent
13     permanency plan;
14          ▸     adds a child interview to the definition of "record" for purposes of the Public
15     Records Management Act;
16          ▸     repeals a provision in the Adoption Act related to the Division of Child and Family
17     Services;
18          ▸     includes uncodified language directing the Child Welfare Legislative Oversight
19     Panel to study reporting of child abuse and neglect; and
20          ▸     makes technical and conforming changes.
21     Money Appropriated in this Bill:
22          None
23     Other Special Clauses:
24          None
25     Utah Code Sections Affected:
26     AMENDS:
27          62A-4a-205, as last amended by Laws of Utah 2011, Chapters 158, 167, and 233

28          62A-4a-205.6, as last amended by Laws of Utah 2013, Chapter 438
29          62A-4a-607, as last amended by Laws of Utah 2008, Chapter 3
30          63A-12-100.5, as last amended by Laws of Utah 2011, Chapter 265
31          78A-6-312, as last amended by Laws of Utah 2014, Chapter 35
32          78A-6-314, as last amended by Laws of Utah 2014, Chapter 35
33          78B-6-141, as last amended by Laws of Utah 2012, Chapter 340
34     REPEALS:
35          78A-6-511.1, as enacted by Laws of Utah 2013, Chapter 416
36          78B-6-135, as last amended by Laws of Utah 2012, Chapter 340
37     Uncodified Material Affected:
38     ENACTS UNCODIFIED MATERIAL
39     

40     Be it enacted by the Legislature of the state of Utah:
41          Section 1. Section 62A-4a-205 is amended to read:
42          62A-4a-205. Child and family plan -- Parent-time.
43          (1) No more than 45 days after a child enters the temporary custody of the division, the
44     child's child and family plan shall be finalized.
45          (2) (a) The division may use an interdisciplinary team approach in developing each
46     child and family plan.
47          (b) The interdisciplinary team described in Subsection (2)(a) may include
48     representatives from the following fields:
49          (i) mental health;
50          (ii) education; and
51          (iii) if appropriate, law enforcement.
52          (3) (a) The division shall involve all of the following in the development of a child's
53     child and family plan:
54          (i) both of the child's natural parents, unless the whereabouts of a parent are unknown;
55          (ii) the child;
56          (iii) the child's foster parents;
57          (iv) if appropriate, the child's stepparent; and
58          (v) the child's guardian ad litem, if one has been appointed by the court.

59          (b) In relation to all information considered by the division in developing a child and
60     family plan, additional weight and attention shall be given to the input of the child's natural and
61     foster parents upon their involvement pursuant to Subsections (3)(a)(i) and (iii).
62          (c) (i) The division shall make a substantial effort to develop a child and family plan
63     with which the child's parents agree.
64          (ii) If a parent does not agree with a child and family plan:
65          (A) the division shall strive to resolve the disagreement between the division and the
66     parent; and
67          (B) if the disagreement is not resolved, the division shall inform the court of the
68     disagreement.
69          (4) A copy of the child and family plan shall, immediately upon completion, or as soon
70     as reasonably possible thereafter, be provided to the:
71          (a) guardian ad litem;
72          (b) child's natural parents; and
73          (c) child's foster parents.
74          (5) Each child and family plan shall:
75          (a) specifically provide for the safety of the child, in accordance with federal law; and
76          (b) clearly define what actions or precautions will, or may be, necessary to provide for
77     the health, safety, protection, and welfare of the child.
78          (6) The child and family plan shall set forth, with specificity, at least the following:
79          (a) the reason the child entered into the custody of the division;
80          (b) documentation of the:
81          (i) reasonable efforts made to prevent placement of the child in the custody of the
82     division; or
83          (ii) emergency situation that existed and that prevented the reasonable efforts described
84     in Subsection (6)(b)(i), from being made;
85          (c) the primary permanency [goal] plan for the child and the reason for selection of that
86     [goal] plan;
87          (d) the concurrent permanency [goal] plan for the child and the reason for the selection
88     of that [goal] plan;
89          (e) if the plan is for the child to return to the child's family:

90          (i) specifically what the parents must do in order to enable the child to be returned
91     home;
92          (ii) specifically how the requirements described in Subsection (6)(e)(i) may be
93     accomplished; and
94          (iii) how the requirements described in Subsection (6)(e)(i) will be measured;
95          (f) the specific services needed to reduce the problems that necessitated placing the
96     child in the division's custody;
97          (g) the name of the person who will provide for and be responsible for case
98     management;
99          (h) subject to Subsection (10), a parent-time schedule between the natural parent and
100     the child;
101          (i) subject to Subsection (7), the health and mental health care to be provided to
102     address any known or diagnosed mental health needs of the child;
103          (j) if residential treatment rather than a foster home is the proposed placement, a
104     requirement for a specialized assessment of the child's health needs including an assessment of
105     mental illness and behavior and conduct disorders; and
106          (k) social summaries that include case history information pertinent to case planning.
107          (7) (a) Subject to Subsection (7)(b), in addition to the information required under
108     Subsection (6)(i), the plan shall include a specialized assessment of the medical and mental
109     health needs of a child, if the child:
110          (i) is placed in residential treatment; and
111          (ii) has medical or mental health issues that need to be addressed.
112          (b) Notwithstanding Subsection (7)(a), a parent shall retain the right to seek a separate
113     medical or mental health diagnosis of the parent's child from a licensed practitioner of the
114     parent's choice.
115          (8) (a) Each child and family plan shall be specific to each child and the child's family,
116     rather than general.
117          (b) The division shall train its workers to develop child and family plans that comply
118     with:
119          (i) federal mandates; and
120          (ii) the specific needs of the particular child and the child's family.

121          (c) All child and family plans and expectations shall be individualized and contain
122     specific time frames.
123          (d) Subject to Subsection (8)(h), child and family plans shall address problems that:
124          (i) keep a child in placement; and
125          (ii) keep a child from achieving permanence in the child's life.
126          (e) Each child and family plan shall be designed to minimize disruption to the normal
127     activities of the child's family, including employment and school.
128          (f) In particular, the time, place, and amount of services, hearings, and other
129     requirements ordered by the court in the child and family plan shall be designed, as much as
130     practicable, to help the child's parents maintain or obtain employment.
131          (g) The child's natural parents, foster parents, and where appropriate, stepparents, shall
132     be kept informed of and supported to participate in important meetings and procedures related
133     to the child's placement.
134          (h) For purposes of Subsection (8)(d), a child and family plan may only include
135     requirements that:
136          (i) address findings made by the court; or
137          (ii) (A) are requested or consented to by a parent or guardian of the child; and
138          (B) are agreed to by the division and the guardian ad litem.
139          (9) (a) Except as provided in Subsection (9)(b), with regard to a child who is three
140     years of age or younger, if the [goal] plan is not to return the child home, the primary
141     permanency plan for that child shall be adoption.
142          (b) Notwithstanding Subsection (9)(a), if the division documents to the court that there
143     is a compelling reason that adoption, reunification, guardianship, and a placement described in
144     Subsection 78A-6-306(6)(e) are not in the child's best interest, the court may order another
145     planned permanent living arrangement in accordance with federal law.
146          (10) (a) Except as provided in Subsection (10)(b), parent-time may only be denied by a
147     court order issued pursuant to Subsections 78A-6-312(3), (6), and (7).
148          (b) Notwithstanding Subsection (10)(a), the person designated by the division or a
149     court to supervise a parent-time session may deny parent-time for that session if the supervising
150     person determines that, based on the parent's condition, it is necessary to deny parent-time in
151     order to:

152          (i) protect the physical safety of the child;
153          (ii) protect the life of the child; or
154          (iii) consistent with Subsection (10)(c), prevent the child from being traumatized by
155     contact with the parent.
156          (c) In determining whether the condition of the parent described in Subsection (10)(b)
157     will traumatize a child, the person supervising the parent-time session shall consider the impact
158     that the parent's condition will have on the child in light of:
159          (i) the child's fear of the parent; and
160          (ii) the nature of the alleged abuse or neglect.
161          (11) The division shall consider visitation with their grandparents for children in state
162     custody if the division determines visitation to be in the best interest of the child and:
163          (a) there are no safety concerns regarding the behavior or criminal background of the
164     grandparents;
165          (b) allowing visitation would not compete with or undermine the reunification [goals]
166     plan;
167          (c) there is a substantial relationship between the grandparents and children; and
168          (d) the visitation will not unduly burden the foster parents.
169          Section 2. Section 62A-4a-205.6 is amended to read:
170          62A-4a-205.6. Adoptive placement time frame -- Contracting with agencies.
171          (1) With regard to a child who has a primary permanency [goal] plan of adoption or for
172     whom a final plan for pursuing termination of parental rights has been approved in accordance
173     with Section 78A-6-314, the division shall make intensive efforts to place the child in an
174     adoptive home within 30 days of the earlier of:
175          (a) approval of the final plan; or
176          (b) establishment of the primary permanency [goal] plan.
177          (2) If within the time periods described in Subsection (1) the division is unable to
178     locate a suitable adoptive home, it shall contract with licensed child placing agencies to search
179     for an appropriate adoptive home for the child, and to place the child for adoption. The
180     division shall comply with the requirements of Section 62A-4a-607 and contract with a variety
181     of child placing agencies licensed under Part 6. In accordance with federal law, the division
182     shall develop plans for the effective use of cross-jurisdictional resources to facilitate timely

183     adoptive or permanent placements for waiting children.
184          (3) The division shall ensure that children who are adopted and were previously in its
185     custody, continue to receive the medical and mental health coverage that they are entitled to
186     under state and federal law.
187          (4) The division may not consider a prospective adoptive parent's willingness or
188     unwillingness to enter a postadoption contact agreement under Section 78B-6-146 as a
189     condition of placing a child with the prospective adoptive parent.
190          Section 3. Section 62A-4a-607 is amended to read:
191          62A-4a-607. Promotion of adoption -- Agency notice to potential adoptive
192     parents.
193          (1) (a) The division and all child placing agencies licensed under this part shall
194     promote adoption when that is a possible and appropriate alternative for a child. Specifically,
195     in accordance with Section 62A-4a-205.6, the division shall actively promote the adoption of
196     all children in its custody who have a final plan for termination of parental rights pursuant to
197     Section 78A-6-314 or a primary permanency [goal] plan of adoption.
198          (b) Beginning May 1, 2000, the division may not place a child for adoption, either
199     temporarily or permanently, with any individual or individuals who do not qualify for adoptive
200     placement pursuant to the requirements of Sections 78B-6-117, 78B-6-102, and 78B-6-137.
201          (2) The division shall obtain or conduct research of prior adoptive families to
202     determine what families may do to be successful with their adoptive children and shall make
203     this research available to potential adoptive parents.
204          (3) (a) A child placing agency licensed under this part shall inform each potential
205     adoptive parent with whom it is working that:
206          (i) children in the custody of the state are available for adoption;
207          (ii) Medicaid coverage for medical, dental, and mental health services may be available
208     for these children;
209          (iii) tax benefits, including the tax credit provided for in Section 59-10-1104, and
210     financial assistance may be available to defray the costs of adopting these children;
211          (iv) training and ongoing support may be available to the adoptive parents of these
212     children; and
213          (v) information about individual children may be obtained by contacting the division's

214     offices or its Internet site as explained by the child placing agency.
215          (b) A child placing agency shall:
216          (i) provide the notice required by Subsection (3)(a) at the earliest possible opportunity;
217     and
218          (ii) simultaneously distribute a copy of the pamphlet prepared by the division in
219     accordance with Subsection (3)(d).
220          (c) As a condition of licensure, the child placing agency shall certify to the Office of
221     Licensing at the time of license renewal that it has complied with the provisions of this section.
222          (d) Before July 1, 2000, the division shall:
223          (i) prepare a pamphlet that explains the information that is required by Subsection
224     (3)(a); and
225          (ii) regularly distribute copies of the pamphlet described in Subsection (3)(d)(i) to child
226     placing agencies.
227          (e) The division shall respond to any inquiry made as a result of the notice provided in
228     Subsection (3)(a).
229          Section 4. Section 63A-12-100.5 is amended to read:
230          63A-12-100.5. Definitions.
231          (1) Except as provided under Subsection (2), the definitions in Section 63G-2-103
232     apply to this chapter.
233          (2) As used in this chapter[,]:
234          (a) "division" or "state archives" means the Division of Archives and Records
235     Service[.]; and
236          (b) "record" means:
237          (i) the same as that term is defined in Section 63G-2-103; or
238          (ii) a video or audio recording of an interview, or a transcript of the video or audio
239     recording, that is conducted at a Children's Justice Center established under Section 67-5b-102,
240     the release of which is governed by Section 77-37-4.
241          Section 5. Section 78A-6-312 is amended to read:
242          78A-6-312. Dispositional hearing -- Reunification services -- Exceptions.
243          (1) The court may:
244          (a) make any of the dispositions described in Section 78A-6-117;

245          (b) place the minor in the custody or guardianship of any:
246          (i) individual; or
247          (ii) public or private entity or agency; or
248          (c) order:
249          (i) protective supervision;
250          (ii) family preservation;
251          (iii) subject to Subsections (12)(b) and 78A-6-117(2)(n)(iii), medical or mental health
252     treatment; or
253          (iv) other services.
254          (2) Whenever the court orders continued removal at the dispositional hearing, and that
255     the minor remain in the custody of the division, the court shall first:
256          (a) establish a primary permanency [goal] plan for the minor; and
257          (b) determine whether, in view of the primary permanency [goal] plan, reunification
258     services are appropriate for the minor and the minor's family, pursuant to Subsections (20)
259     through (22).
260          (3) Subject to Subsections (6) and (7), if the court determines that reunification
261     services are appropriate for the minor and the minor's family, the court shall provide for
262     reasonable parent-time with the parent or parents from whose custody the minor was removed,
263     unless parent-time is not in the best interest of the minor.
264          (4) In cases where obvious sexual abuse, sexual exploitation, abandonment, severe
265     abuse, or severe neglect are involved, neither the division nor the court has any duty to make
266     "reasonable efforts" or to, in any other way, attempt to provide reunification services, or to
267     attempt to rehabilitate the offending parent or parents.
268          (5) In all cases, the minor's health, safety, and welfare shall be the court's paramount
269     concern in determining whether reasonable efforts to reunify should be made.
270          (6) For purposes of Subsection (3), parent-time is in the best interests of a minor unless
271     the court makes a finding that it is necessary to deny parent-time in order to:
272          (a) protect the physical safety of the minor;
273          (b) protect the life of the minor; or
274          (c) prevent the minor from being traumatized by contact with the parent due to the
275     minor's fear of the parent in light of the nature of the alleged abuse or neglect.

276          (7) Notwithstanding Subsection (3), a court may not deny parent-time based solely on a
277     parent's failure to:
278          (a) prove that the parent has not used legal or illegal substances; or
279          (b) comply with an aspect of the child and family plan that is ordered by the court.
280          (8) (a) In addition to the primary permanency [goal] plan, Ŝ→ [
where appropriate,] ←Ŝ the
280a     court
281     shall establish a concurrent permanency [goal] plan that shall include:
282          (i) a representative list of the conditions under which the primary permanency [goal]
283     plan will be abandoned in favor of the concurrent permanency [goal] plan; and
284          (ii) an explanation of the effect of abandoning or modifying the primary permanency
285     [goal] plan.
286          (b) In determining the primary permanency [goal] plan and concurrent permanency
287     [goal] plan, the court shall consider:
288          (i) the preference for kinship placement over nonkinship placement;
289          (ii) the potential for a guardianship placement if the parent-child relationship is legally
290     terminated and no appropriate adoption placement is available; and
291          (iii) the use of an individualized permanency [goal] plan, only as a last resort.
292          (9) A permanency hearing shall be conducted in accordance with Subsection
293     78A-6-314(1)(b) within 30 days after the day on which the dispositional hearing ends if
294     something other than reunification is initially established as a minor's primary permanency
295     [goal] plan.
296          (10) (a) The court may amend a minor's primary permanency [goal] plan before the
297     establishment of a final permanency plan under Section 78A-6-314.
298          (b) The court is not limited to the terms of the concurrent permanency [goal] plan in
299     the event that the primary permanency [goal] plan is abandoned.
300          (c) If, at any time, the court determines that reunification is no longer a minor's primary
301     permanency [goal] plan, the court shall conduct a permanency hearing in accordance with
302     Section 78A-6-314 on or before the earlier of:
303          (i) 30 days after the day on which the court makes the determination described in this
304     Subsection (10)(c); or
305          (ii) the day on which the provision of reunification services, described in Section
306     78A-6-314, ends.

307          (11) (a) If the court determines that reunification services are appropriate, it shall order
308     that the division make reasonable efforts to provide services to the minor and the minor's
309     parent for the purpose of facilitating reunification of the family, for a specified period of time.
310          (b) In providing the services described in Subsection (11)(a), the minor's health, safety,
311     and welfare shall be the division's paramount concern, and the court shall so order.
312          (12) (a) The court shall:
313          (i) determine whether the services offered or provided by the division under the child
314     and family plan constitute "reasonable efforts" on the part of the division;
315          (ii) determine and define the responsibilities of the parent under the child and family
316     plan in accordance with Subsection 62A-4a-205(6)(e); and
317          (iii) identify verbally on the record, or in a written document provided to the parties,
318     the responsibilities described in Subsection (12)(a)(ii), for the purpose of assisting in any future
319     determination regarding the provision of reasonable efforts, in accordance with state and
320     federal law.
321          (b) If the parent is in a substance abuse treatment program, other than a certified drug
322     court program:
323          (i) the court may order the parent to submit to supplementary drug or alcohol testing in
324     addition to the testing recommended by the parent's substance abuse program based on a
325     finding of reasonable suspicion that the parent is abusing drugs or alcohol; and
326          (ii) the court may order the parent to provide the results of drug or alcohol testing
327     recommended by the substance abuse program to the court or division.
328          (13) (a) The time period for reunification services may not exceed 12 months from the
329     date that the minor was initially removed from the minor's home, unless the time period is
330     extended under Subsection 78A-6-314(8).
331          (b) Nothing in this section may be construed to entitle any parent to an entire 12
332     months of reunification services.
333          (14) (a) If reunification services are ordered, the court may terminate those services at
334     any time.
335          (b) If, at any time, continuation of reasonable efforts to reunify a minor is determined
336     to be inconsistent with the final permanency plan for the minor established pursuant to Section
337     78A-6-314, then measures shall be taken, in a timely manner, to:

338          (i) place the minor in accordance with the permanency plan; and
339          (ii) complete whatever steps are necessary to finalize the permanent placement of the
340     minor.
341          (15) Any physical custody of the minor by the parent or a relative during the period
342     described in Subsections (11) through (14) does not interrupt the running of the period.
343          (16) (a) If reunification services are ordered, a permanency hearing shall be conducted
344     by the court in accordance with Section 78A-6-314 at the expiration of the time period for
345     reunification services.
346          (b) The permanency hearing shall be held no later than 12 months after the original
347     removal of the minor.
348          (c) If reunification services are not ordered, a permanency hearing shall be conducted
349     within 30 days, in accordance with Section 78A-6-314.
350          (17) With regard to a minor in the custody of the division whose parent or parents are
351     ordered to receive reunification services but who have abandoned that minor for a period of six
352     months from the date that reunification services were ordered:
353          (a) the court shall terminate reunification services; and
354          (b) the division shall petition the court for termination of parental rights.
355          (18) When a court conducts a permanency hearing for a minor under Section
356     78A-6-314, the court shall attempt to keep the minor's sibling group together if keeping the
357     sibling group together is:
358          (a) practicable; and
359          (b) in accordance with the best interest of the minor.
360          (19) (a) Because of the state's interest in and responsibility to protect and provide
361     permanency for minors who are abused, neglected, or dependent, the Legislature finds that a
362     parent's interest in receiving reunification services is limited.
363          (b) The court may determine that:
364          (i) efforts to reunify a minor with the minor's family are not reasonable or appropriate,
365     based on the individual circumstances; and
366          (ii) reunification services should not be provided.
367          (c) In determining "reasonable efforts" to be made with respect to a minor, and in
368     making "reasonable efforts," the minor's health, safety, and welfare shall be the paramount

369     concern.
370          (20) There is a presumption that reunification services should not be provided to a
371     parent if the court finds, by clear and convincing evidence, that any of the following
372     circumstances exist:
373          (a) the whereabouts of the parents are unknown, based upon a verified affidavit
374     indicating that a reasonably diligent search has failed to locate the parent;
375          (b) subject to Subsection (21)(a), the parent is suffering from a mental illness of such
376     magnitude that it renders the parent incapable of utilizing reunification services;
377          (c) the minor was previously adjudicated as an abused child due to physical abuse,
378     sexual abuse, or sexual exploitation, and following the adjudication the minor:
379          (i) was removed from the custody of the minor's parent;
380          (ii) was subsequently returned to the custody of the parent; and
381          (iii) is being removed due to additional physical abuse, sexual abuse, or sexual
382     exploitation;
383          (d) the parent:
384          (i) caused the death of another minor through abuse or neglect;
385          (ii) committed, aided, abetted, attempted, conspired, or solicited to commit:
386          (A) murder or manslaughter of a child; or
387          (B) child abuse homicide;
388          (iii) committed sexual abuse against the child;
389          (iv) is a registered sex offender or required to register as a sex offender; or
390          (v) (A) intentionally, knowingly, or recklessly causes the death of another parent of the
391     child;
392          (B) is identified by a law enforcement agency as the primary suspect in an investigation
393     for intentionally, knowingly, or recklessly causing the death of another parent of the child; or
394          (C) is being prosecuted for or has been convicted of intentionally, knowingly, or
395     recklessly causing the death of another parent of the child;
396          (e) the minor suffered severe abuse by the parent or by any person known by the
397     parent, if the parent knew or reasonably should have known that the person was abusing the
398     minor;
399          (f) the minor is adjudicated an abused child as a result of severe abuse by the parent,

400     and the court finds that it would not benefit the minor to pursue reunification services with the
401     offending parent;
402          (g) the parent's rights are terminated with regard to any other minor;
403          (h) the minor was removed from the minor's home on at least two previous occasions
404     and reunification services were offered or provided to the family at those times;
405          (i) the parent has abandoned the minor for a period of six months or longer;
406          (j) the parent permitted the child to reside, on a permanent or temporary basis, at a
407     location where the parent knew or should have known that a clandestine laboratory operation
408     was located;
409          (k) except as provided in Subsection (21)(b), with respect to a parent who is the child's
410     birth mother, the child has fetal alcohol syndrome, fetal alcohol spectrum disorder, or was
411     exposed to an illegal or prescription drug that was abused by the child's mother while the child
412     was in utero, if the child was taken into division custody for that reason, unless the mother
413     agrees to enroll in, is currently enrolled in, or has recently and successfully completed a
414     substance abuse treatment program approved by the department; or
415          (l) any other circumstance that the court determines should preclude reunification
416     efforts or services.
417          (21) (a) The finding under Subsection (20)(b) shall be based on competent evidence
418     from at least two medical or mental health professionals, who are not associates, establishing
419     that, even with the provision of services, the parent is not likely to be capable of adequately
420     caring for the minor within 12 months after the day on which the court finding is made.
421          (b) A judge may disregard the provisions of Subsection (20)(k) if the court finds, under
422     the circumstances of the case, that the substance abuse treatment described in Subsection
423     (20)(k) is not warranted.
424          (22) In determining whether reunification services are appropriate, the court shall take
425     into consideration:
426          (a) failure of the parent to respond to previous services or comply with a previous child
427     and family plan;
428          (b) the fact that the minor was abused while the parent was under the influence of
429     drugs or alcohol;
430          (c) any history of violent behavior directed at the child or an immediate family

431     member;
432          (d) whether a parent continues to live with an individual who abused the minor;
433          (e) any patterns of the parent's behavior that have exposed the minor to repeated abuse;
434          (f) testimony by a competent professional that the parent's behavior is unlikely to be
435     successful; and
436          (g) whether the parent has expressed an interest in reunification with the minor.
437          (23) (a) If reunification services are not ordered pursuant to Subsections (19) through
438     (21), and the whereabouts of a parent become known within six months after the day on which
439     the out-of-home placement of the minor is made, the court may order the division to provide
440     reunification services.
441          (b) The time limits described in Subsections (2) through (18) are not tolled by the
442     parent's absence.
443          (24) (a) If a parent is incarcerated or institutionalized, the court shall order reasonable
444     services unless it determines that those services would be detrimental to the minor.
445          (b) In making the determination described in Subsection (24)(a), the court shall
446     consider:
447          (i) the age of the minor;
448          (ii) the degree of parent-child bonding;
449          (iii) the length of the sentence;
450          (iv) the nature of the treatment;
451          (v) the nature of the crime or illness;
452          (vi) the degree of detriment to the minor if services are not offered;
453          (vii) for a minor 10 years of age or older, the minor's attitude toward the
454     implementation of family reunification services; and
455          (viii) any other appropriate factors.
456          (c) Reunification services for an incarcerated parent are subject to the time limitations
457     imposed in Subsections (2) through (18).
458          (d) Reunification services for an institutionalized parent are subject to the time
459     limitations imposed in Subsections (2) through (18), unless the court determines that continued
460     reunification services would be in the minor's best interest.
461          (25) If, pursuant to Subsections (20)(b) through (l), the court does not order

462     reunification services, a permanency hearing shall be conducted within 30 days, in accordance
463     with Section 78A-6-314.
464          Section 6. Section 78A-6-314 is amended to read:
465          78A-6-314. Permanency hearing -- Final plan -- Petition for termination of
466     parental rights filed -- Hearing on termination of parental rights.
467          (1) (a) When reunification services have been ordered in accordance with Section
468     78A-6-312, with regard to a minor who is in the custody of the Division of Child and Family
469     Services, a permanency hearing shall be held by the court no later than 12 months after the day
470     on which the minor was initially removed from the minor's home.
471          (b) If reunification services were not ordered at the dispositional hearing, a permanency
472     hearing shall be held within 30 days after the day on which the dispositional hearing ends.
473          (2) (a) If reunification services were ordered by the court in accordance with Section
474     78A-6-312, the court shall, at the permanency hearing, determine, consistent with Subsection
475     (3), whether the minor may safely be returned to the custody of the minor's parent.
476          (b) If the court finds, by a preponderance of the evidence, that return of the minor to
477     the minor's parent would create a substantial risk of detriment to the minor's physical or
478     emotional well-being, the minor may not be returned to the custody of the minor's parent.
479          (c) Prima facie evidence that return of the minor to a parent or guardian would create a
480     substantial risk of detriment to the minor is established if:
481          (i) the parent or guardian fails to:
482          (A) participate in a court approved child and family plan;
483          (B) comply with a court approved child and family plan in whole or in part; or
484          (C) meet the goals of a court approved child and family plan; or
485          (ii) the child's natural parent:
486          (A) intentionally, knowingly, or recklessly causes the death of another parent of the
487     child;
488          (B) is identified by a law enforcement agency as the primary suspect in an investigation
489     for intentionally, knowingly, or recklessly causing the death of another parent of the child; or
490          (C) is being prosecuted for or has been convicted of intentionally, knowingly, or
491     recklessly causing the death of another parent of the child.
492          (3) In making a determination under Subsection (2)(a), the court shall review and

493     consider:
494          (a) the report prepared by the Division of Child and Family Services;
495          (b) any admissible evidence offered by the minor's guardian ad litem;
496          (c) any report submitted by the division under Subsection 78A-6-315(3)(a)(i);
497          (d) any evidence regarding the efforts or progress demonstrated by the parent; and
498          (e) the extent to which the parent cooperated and utilized the services provided.
499          (4) With regard to a case where reunification services were ordered by the court, if a
500     minor is not returned to the minor's parent or guardian at the permanency hearing, the court
501     shall, unless the time for the provision of reunification services is extended under Subsection
502     (8):
503          (a) order termination of reunification services to the parent;
504          (b) make a final determination regarding whether termination of parental rights,
505     adoption, or permanent custody and guardianship is the most appropriate final plan for the
506     minor, taking into account the minor's primary permanency [goal] plan established by the court
507     pursuant to Section 78A-6-312; and
508          (c) establish a concurrent permanency plan that identifies the second most appropriate
509     final plan for the minor Ŝ→ , if appropriate ←Ŝ .
510          (5) If the Division of Child and Family Services documents to the court that there is a
511     compelling reason that adoption, reunification, guardianship, and a placement described in
512     Subsection 78A-6-306(6)(e) are not in the minor's best interest, the court may order another
513     planned permanent living arrangement, in accordance with federal law.
514          (6) If the minor clearly desires contact with the parent, the court shall take the minor's
515     desire into consideration in determining the final plan.
516          (7) Except as provided in Subsection (8), the court may not extend reunification
517     services beyond 12 months after the day on which the minor was initially removed from the
518     minor's home, in accordance with the provisions of Section 78A-6-312.
519          (8) (a) Subject to Subsection (8)(b), the court may extend reunification services for no
520     more than 90 days if the court finds, beyond a preponderance of the evidence, that:
521          (i) there has been substantial compliance with the child and family plan;
522          (ii) reunification is probable within that 90-day period; and
523          (iii) the extension is in the best interest of the minor.

524          (b) (i) Except as provided in Subsection (8)(c), the court may not extend any
525     reunification services beyond 15 months after the day on which the minor was initially
526     removed from the minor's home.
527          (ii) Delay or failure of a parent to establish paternity or seek custody does not provide a
528     basis for the court to extend services for that parent beyond the 12-month period described in
529     Subsection (7).
530          (c) In accordance with Subsection (8)(d), the court may extend reunification services
531     for one additional 90-day period, beyond the 90-day period described in Subsection (8)(a), if:
532          (i) the court finds, by clear and convincing evidence, that:
533          (A) the parent has substantially complied with the child and family plan;
534          (B) it is likely that reunification will occur within the additional 90-day period; and
535          (C) the extension is in the best interest of the child;
536          (ii) the court specifies the facts upon which the findings described in Subsection
537     (8)(c)(i) are based; and
538          (iii) the court specifies the time period in which it is likely that reunification will occur.
539          (d) A court may not extend the time period for reunification services without
540     complying with the requirements of this Subsection (8) before the extension.
541          (e) In determining whether to extend reunification services for a minor, a court shall
542     take into consideration the status of the minor siblings of the minor.
543          (9) The court may, in its discretion:
544          (a) enter any additional order that it determines to be in the best interest of the minor,
545     so long as that order does not conflict with the requirements and provisions of Subsections (4)
546     through (8); or
547          (b) order the division to provide protective supervision or other services to a minor and
548     the minor's family after the division's custody of a minor has been terminated.
549          (10) If the final plan for the minor is to proceed toward termination of parental rights,
550     the petition for termination of parental rights shall be filed, and a pretrial held, within 45
551     calendar days after the permanency hearing.
552          (11) (a) Any party to an action may, at any time, petition the court for an expedited
553     permanency hearing on the basis that continuation of reunification efforts are inconsistent with
554     the permanency needs of the minor.

555          (b) If the court so determines, it shall order, in accordance with federal law, that:
556          (i) the minor be placed in accordance with the permanency plan; and
557          (ii) whatever steps are necessary to finalize the permanent placement of the minor be
558     completed as quickly as possible.
559          (12) Nothing in this section may be construed to:
560          (a) entitle any parent to reunification services for any specified period of time;
561          (b) limit a court's ability to terminate reunification services at any time prior to a
562     permanency hearing; or
563          (c) limit or prohibit the filing of a petition for termination of parental rights by any
564     party, or a hearing on termination of parental rights, at any time prior to a permanency hearing.
565          (13) (a) Subject to Subsection (13)(b), if a petition for termination of parental rights is
566     filed prior to the date scheduled for a permanency hearing, the court may consolidate the
567     hearing on termination of parental rights with the permanency hearing.
568          (b) For purposes of Subsection (13)(a), if the court consolidates the hearing on
569     termination of parental rights with the permanency hearing:
570          (i) the court shall first make a finding regarding whether reasonable efforts have been
571     made by the Division of Child and Family Services to finalize the permanency [goal] plan for
572     the minor; and
573          (ii) any reunification services shall be terminated in accordance with the time lines
574     described in Section 78A-6-312.
575          (c) A decision on a petition for termination of parental rights shall be made within 18
576     months from the day on which the minor is removed from the minor's home.
577          (14) If a court determines that a child will not be returned to a parent of the child, the
578     court shall consider appropriate placement options inside and outside of the state.
579          Section 7. Section 78B-6-141 is amended to read:
580          78B-6-141. Petition, report, and documents sealed -- Exceptions.
581          (1) A petition for adoption[, the written report described in Section 78B-6-135,] and
582     any other documents filed in connection with the petition are sealed.
583          (2) The documents described in Subsection (1) may only be open to inspection as
584     follows:
585          (a) in accordance with Subsection (3)(a), by a party to the adoption proceeding:

586          (i) while the proceeding is pending; or
587          (ii) within six months after the day on which the adoption decree is entered;
588          (b) subject to Subsection (3)(b), a court enters an order permitting access to the
589     documents by a person who has appealed the denial of that person's motion to intervene;
590          (c) upon order of the court expressly permitting inspection or copying, after good cause
591     has been shown;
592          (d) as provided under Section 78B-6-144;
593          (e) those records shall become public on the one hundredth anniversary of the date the
594     final decree of adoption was entered; or
595          (f) if the adoptee is an adult at the time the final decree of adoption is entered, the
596     documents described in this section are open to inspection and copying without a court order
597     by the adoptee or a parent who adopted the adoptee, unless the final decree of adoption is
598     entered by the juvenile court under Subsection 78B-6-115(3)(b).
599          (3) (a) A person who files a motion to intervene in an adoption proceeding:
600          (i) is not a party to the adoption proceeding, unless the motion to intervene is granted;
601     and
602          (ii) may not be granted access to the documents described in Subsection (1), unless the
603     motion to intervene is granted.
604          (b) An order described in Subsection (2)(b) shall:
605          (i) prohibit the person described in Subsection (2)(b) from inspecting a document
606     described in Subsection (1) that contains identifying information of the adoptive or prospective
607     adoptive parent; and
608          (ii) permit the person described in Subsection (3)(b)(i) to review a copy of a document
609     described in Subsection (3)(b)(i) after the identifying information described in Subsection
610     (3)(b)(i) is redacted from the document.
611          Section 8. Division of Child and Family Services study item.
612          (1) During the 2015 interim, the Child Welfare Legislative Oversight Panel shall, in
613     consultation with the Division of Child and Family Services and appropriate child welfare
614     stakeholders, study and make recommendations regarding reporting requirements for suspected
615     abuse or neglect under Section 62A-4a-403.
616          (2) Section 8 of this bill is repealed on January 1, 2016.

617          Section 9. Repealer.
618          This bill repeals:
619          Section 78A-6-511.1, Posttermination reunification study item.
620          Section 78B-6-135, Division of Child and Family Services -- Duties -- Report -- Fee.






Legislative Review Note
     as of 1-26-15 11:04 AM


Office of Legislative Research and General Counsel