1     
TERMINATION OF PARENTAL RIGHTS AMENDMENTS

2     
2016 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Michael S. Kennedy

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions of the Juvenile Court Act relating to petitions for
10     termination of parental rights.
11     Highlighted Provisions:
12          This bill:
13          ▸     requires the court, under certain circumstances, to render a decision on a petition for
14     termination of parental rights within a specified time.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          None
19     Utah Code Sections Affected:
20     AMENDS:
21          78A-6-314, as last amended by Laws of Utah 2015, Chapter 322
22     

23     Be it enacted by the Legislature of the state of Utah:
24          Section 1. Section 78A-6-314 is amended to read:
25          78A-6-314. Permanency hearing -- Final plan -- Petition for termination of
26     parental rights filed -- Hearing on termination of parental rights.
27          (1) (a) When reunification services have been ordered in accordance with Section

28     78A-6-312, with regard to a minor who is in the custody of the Division of Child and Family
29     Services, a permanency hearing shall be held by the court no later than 12 months after the day
30     on which the minor was initially removed from the minor's home.
31          (b) If reunification services were not ordered at the dispositional hearing, a permanency
32     hearing shall be held within 30 days after the day on which the dispositional hearing ends.
33          (2) (a) If reunification services were ordered by the court in accordance with Section
34     78A-6-312, the court shall, at the permanency hearing, determine, consistent with Subsection
35     (3), whether the minor may safely be returned to the custody of the minor's parent.
36          (b) If the court finds, by a preponderance of the evidence, that return of the minor to
37     the minor's parent would create a substantial risk of detriment to the minor's physical or
38     emotional well-being, the minor may not be returned to the custody of the minor's parent.
39          (c) Prima facie evidence that return of the minor to a parent or guardian would create a
40     substantial risk of detriment to the minor is established if:
41          (i) the parent or guardian fails to:
42          (A) participate in a court approved child and family plan;
43          (B) comply with a court approved child and family plan in whole or in part; or
44          (C) meet the goals of a court approved child and family plan; or
45          (ii) the child's natural parent:
46          (A) intentionally, knowingly, or recklessly causes the death of another parent of the
47     child;
48          (B) is identified by a law enforcement agency as the primary suspect in an investigation
49     for intentionally, knowingly, or recklessly causing the death of another parent of the child; or
50          (C) is being prosecuted for or has been convicted of intentionally, knowingly, or
51     recklessly causing the death of another parent of the child.
52          (3) In making a determination under Subsection (2)(a), the court shall review and
53     consider:
54          (a) the report prepared by the Division of Child and Family Services;
55          (b) any admissible evidence offered by the minor's guardian ad litem;
56          (c) any report submitted by the division under Subsection 78A-6-315(3)(a)(i);
57          (d) any evidence regarding the efforts or progress demonstrated by the parent; and
58          (e) the extent to which the parent cooperated and utilized the services provided.

59          (4) With regard to a case where reunification services were ordered by the court, if a
60     minor is not returned to the minor's parent or guardian at the permanency hearing, the court
61     shall, unless the time for the provision of reunification services is extended under Subsection
62     (8):
63          (a) order termination of reunification services to the parent;
64          (b) make a final determination regarding whether termination of parental rights,
65     adoption, or permanent custody and guardianship is the most appropriate final plan for the
66     minor, taking into account the minor's primary permanency plan established by the court
67     pursuant to Section 78A-6-312; and
68          (c) establish a concurrent permanency plan that identifies the second most appropriate
69     final plan for the minor, if appropriate.
70          (5) If the Division of Child and Family Services documents to the court that there is a
71     compelling reason that adoption, reunification, guardianship, and a placement described in
72     Subsection 78A-6-306(6)(e) are not in the minor's best interest, the court may order another
73     planned permanent living arrangement, in accordance with federal law.
74          (6) If the minor clearly desires contact with the parent, the court shall take the minor's
75     desire into consideration in determining the final plan.
76          (7) Except as provided in Subsection (8), the court may not extend reunification
77     services beyond 12 months after the day on which the minor was initially removed from the
78     minor's home, in accordance with the provisions of Section 78A-6-312.
79          (8) (a) Subject to Subsection (8)(b), the court may extend reunification services for no
80     more than 90 days if the court finds, beyond a preponderance of the evidence, that:
81          (i) there has been substantial compliance with the child and family plan;
82          (ii) reunification is probable within that 90-day period; and
83          (iii) the extension is in the best interest of the minor.
84          (b) (i) Except as provided in Subsection (8)(c), the court may not extend any
85     reunification services beyond 15 months after the day on which the minor was initially
86     removed from the minor's home.
87          (ii) Delay or failure of a parent to establish paternity or seek custody does not provide a
88     basis for the court to extend services for that parent beyond the 12-month period described in
89     Subsection (7).

90          (c) In accordance with Subsection (8)(d), the court may extend reunification services
91     for one additional 90-day period, beyond the 90-day period described in Subsection (8)(a), if:
92          (i) the court finds, by clear and convincing evidence, that:
93          (A) the parent has substantially complied with the child and family plan;
94          (B) it is likely that reunification will occur within the additional 90-day period; and
95          (C) the extension is in the best interest of the child;
96          (ii) the court specifies the facts upon which the findings described in Subsection
97     (8)(c)(i) are based; and
98          (iii) the court specifies the time period in which it is likely that reunification will occur.
99          (d) A court may not extend the time period for reunification services without
100     complying with the requirements of this Subsection (8) before the extension.
101          (e) In determining whether to extend reunification services for a minor, a court shall
102     take into consideration the status of the minor siblings of the minor.
103          (9) The court may, in its discretion:
104          (a) enter any additional order that it determines to be in the best interest of the minor,
105     so long as that order does not conflict with the requirements and provisions of Subsections (4)
106     through (8); or
107          (b) order the division to provide protective supervision or other services to a minor and
108     the minor's family after the division's custody of a minor has been terminated.
109          (10) If the final plan for the minor is to proceed toward termination of parental rights,
110     the petition for termination of parental rights shall be filed, and a pretrial held, within 45
111     calendar days after the permanency hearing.
112          (11) (a) Any party to an action may, at any time, petition the court for an expedited
113     permanency hearing on the basis that continuation of reunification efforts are inconsistent with
114     the permanency needs of the minor.
115          (b) If the court so determines, it shall order, in accordance with federal law, that:
116          (i) the minor be placed in accordance with the permanency plan; and
117          (ii) whatever steps are necessary to finalize the permanent placement of the minor be
118     completed as quickly as possible.
119          (12) Nothing in this section may be construed to:
120          (a) entitle any parent to reunification services for any specified period of time;

121          (b) limit a court's ability to terminate reunification services at any time prior to a
122     permanency hearing; or
123          (c) limit or prohibit the filing of a petition for termination of parental rights by any
124     party, or a hearing on termination of parental rights, at any time prior to a permanency hearing.
125          (13) (a) Subject to Subsection (13)(b), if a petition for termination of parental rights is
126     filed prior to the date scheduled for a permanency hearing, the court may consolidate the
127     hearing on termination of parental rights with the permanency hearing.
128          (b) For purposes of Subsection (13)(a), if the court consolidates the hearing on
129     termination of parental rights with the permanency hearing:
130          (i) the court shall first make a finding regarding whether reasonable efforts have been
131     made by the Division of Child and Family Services to finalize the permanency plan for the
132     minor; and
133          (ii) any reunification services shall be terminated in accordance with the time lines
134     described in Section 78A-6-312.
135          (c) A decision on a petition for termination of parental rights filed in connection with
136     or subsequent to a permanency hearing described in this section shall be made within 18
137     months from the day on which the minor is removed from the minor's home.
138          (d) (i) If, before a permanency hearing described in Subsection (1), the court finds, by
139     clear and convincing evidence pursuant to Subsection 78A-6-312(20), that it is not in the best
140     interest of the minor to provide reunification services to a parent, and if the final plan for the
141     minor is termination of parental rights, the petition to terminate parental rights shall be filed,
142     and a pretrial held, within 45 calendar days after the permanency hearing.
143          (ii) The court shall adjudicate the petition and render a decision no later than four
144     months from the date of the pretrial hearing on the petition to terminate parental rights.
145          (14) If a court determines that a child will not be returned to a parent of the child, the
146     court shall consider appropriate placement options inside and outside of the state.






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Office of Legislative Research and General Counsel