Chief Sponsor: Ken Ivory

Senate Sponsor: Wayne A. Harper


8     General Description:
9          This bill addresses sibling visitation for children in the custody of the Division of Child
10     and Family Services.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines the term "sibling";
14          ▸     requires the division to make reasonable efforts for sibling visitation when siblings
15     are separated due to foster care or adoptive placement;
16          ▸     allows the court to order sibling visitation when the visitation is in the best interest
17     of the child; and
18          ▸     makes technical changes.
19     Money Appropriated in this Bill:
20          None
21     Other Special Clauses:
22          None
23     Utah Code Sections Affected:
24     AMENDS:
25          62A-4a-101, as last amended by Laws of Utah 2009, Chapter 75
26          62A-4a-103, as last amended by Laws of Utah 2014, Chapter 265
27          62A-4a-205, as last amended by Laws of Utah 2015, Chapter 322
28          78A-6-301, as enacted by Laws of Utah 2008, Chapter 3
29          78A-6-312, as last amended by Laws of Utah 2016, Chapter 231


31     Be it enacted by the Legislature of the state of Utah:
32          Section 1. Section 62A-4a-101 is amended to read:
33          62A-4a-101. Definitions.
34          As used in this chapter:
35          (1) "Abuse" [is as] means the same as that term is defined in Section 78A-6-105.
36          (2) "Adoption services" means:
37          (a) placing children for adoption;
38          (b) subsidizing adoptions under Section 62A-4a-105;
39          (c) supervising adoption placements until the adoption is finalized by the court;
40          (d) conducting adoption studies;
41          (e) preparing adoption reports upon request of the court; and
42          (f) providing postadoptive placement services, upon request of a family, for the
43     purpose of stabilizing a possible disruptive placement.
44          (3) "Child" means, except as provided in Part 7, Interstate Compact on Placement of
45     Children, a person under 18 years of age.
46          [(5)] (4) "Chronic abuse" means repeated or patterned abuse.
47          [(6)] (5) "Chronic neglect" means repeated or patterned neglect.
48          [(4)] (6) "Consumer" means a person who receives services offered by the division in
49     accordance with this chapter.
50          (7) "Custody," with regard to the division, means the custody of a minor in the division
51     as of the date of disposition.
52          (8) "Day-care services" means care of a child for a portion of the day which is less than
53     24 hours:
54          (a) in the child's own home by a responsible person; or
55          (b) outside of the child's home in a:
56          (i) day-care center;
57          (ii) family group home; or

58          (iii) family child care home.
59          (9) "Dependent child" or "dependency" means a child, or the condition of a child, who
60     is homeless or without proper care through no fault of the child's parent, guardian, or custodian.
61          (10) "Director" means the director of the Division of Child and Family Services.
62          (11) "Division" means the Division of Child and Family Services.
63          (12) "Domestic violence services" means:
64          (a) temporary shelter, treatment, and related services to:
65          (i) a person who is a victim of abuse, as defined in Section 78B-7-102; and
66          (ii) the dependent children of a person described in Subsection (12)(a)(i); and
67          (b) treatment services for a person who is alleged to have committed, has been
68     convicted of, or has pled guilty to, an act of domestic violence as defined in Section 77-36-1.
69          (13) "Harm" [is as] means the same as that term is defined in Section 78A-6-105.
70          (14) "Homemaking service" means the care of individuals in their domiciles, and help
71     given to individual caretaker relatives to achieve improved household and family management
72     through the services of a trained homemaker.
73          (15) "Incest" [is as] means the same as that term is defined in Section 78A-6-105.
74          (16) "Minor" means, except as provided in Part 7, Interstate Compact on Placement of
75     Children:
76          (a) a child; or
77          (b) a person:
78          (i) who is at least 18 years of age and younger than 21 years of age; and
79          (ii) for whom the division has been specifically ordered by the juvenile court to provide
80     services.
81          (17) "Molestation" [is as] means the same as that term is defined in Section 78A-6-105.
82          (18) "Natural parent" means a minor's biological or adoptive parent, and includes a
83     minor's noncustodial parent.
84          (19) "Neglect" [is as] means the same as that term is defined in Section 78A-6-105.
85          (20) "Protective custody," with regard to the division, means the shelter of a child by

86     the division from the time the child is removed from the child's home until the earlier of:
87          (a) the shelter hearing; or
88          (b) the child's return home.
89          (21) "Protective services" means expedited services that are provided:
90          (a) in response to evidence of neglect, abuse, or dependency of a child;
91          (b) to a cohabitant who is neglecting or abusing a child, in order to:
92          (i) help the cohabitant develop recognition of the cohabitant's duty of care and of the
93     causes of neglect or abuse; and
94          (ii) strengthen the cohabitant's ability to provide safe and acceptable care; and
95          (c) in cases where the child's welfare is endangered:
96          (i) to bring the situation to the attention of the appropriate juvenile court and law
97     enforcement agency;
98          (ii) to cause a protective order to be issued for the protection of the child, when
99     appropriate; and
100          (iii) to protect the child from the circumstances that endanger the child's welfare
101     including, when appropriate:
102          (A) removal from the child's home;
103          (B) placement in substitute care; and
104          (C) petitioning the court for termination of parental rights.
105          (22) "Severe abuse" [is as] means the same as that term is defined in Section
106     78A-6-105.
107          (23) "Severe neglect" [is as] means the same as that term is defined in Section
108     78A-6-105.
109          (24) "Sexual abuse" [is as] means the same as that term is defined in Section
110     78A-6-105.
111          (25) "Sexual exploitation" [is as] means the same as that term is defined in Section
112     78A-6-105.
113          (26) "Shelter care" means the temporary care of a minor in a nonsecure facility.

114          (27) "Sibling" means a child who shares or has shared at least one parent in common
115     either by blood or adoption.
116          (28) "Sibling visitation" means services provided by the division to facilitate the
117     interaction between a child in division custody with a sibling of that child.
118          [(27)] (29) "State" means:
119          (a) a state of the United States;
120          (b) the District of Columbia;
121          (c) the Commonwealth of Puerto Rico;
122          (d) the Virgin Islands;
123          (e) Guam;
124          (f) the Commonwealth of the Northern Mariana Islands; or
125          (g) a territory or possession administered by the United States.
126          [(28)] (30) "State plan" means the written description of the programs for children,
127     youth, and family services administered by the division in accordance with federal law.
128          [(29)] (31) "Status offense" means a violation of the law that would not be a violation
129     but for the age of the offender.
130          [(30)] (32) "Substance abuse" [is as] means the same as that term is defined in Section
131     78A-6-105.
132          [(31)] (33) "Substantiated" or "substantiation" means a judicial finding based on a
133     preponderance of the evidence that abuse or neglect occurred. Each allegation made or
134     identified in a given case shall be considered separately in determining whether there should be
135     a finding of substantiated.
136          [(32)] (34) "Substitute care" means:
137          (a) the placement of a minor in a family home, group care facility, or other placement
138     outside the minor's own home, either at the request of a parent or other responsible relative, or
139     upon court order, when it is determined that continuation of care in the minor's own home
140     would be contrary to the minor's welfare;
141          (b) services provided for a minor awaiting placement; and

142          (c) the licensing and supervision of a substitute care facility.
143          [(33)] (35) "Supported" means a finding by the division based on the evidence
144     available at the completion of an investigation that there is a reasonable basis to conclude that
145     abuse, neglect, or dependency occurred. Each allegation made or identified during the course
146     of the investigation shall be considered separately in determining whether there should be a
147     finding of supported.
148          [(34)] (36) "Temporary custody," with regard to the division, means the custody of a
149     child in the division from the date of the shelter hearing until disposition.
150          [(35)] (37) "Transportation services" means travel assistance given to an individual
151     with escort service, if necessary, to and from community facilities and resources as part of a
152     service plan.
153          [(36)] (38) "Unsubstantiated" means a judicial finding that there is insufficient
154     evidence to conclude that abuse or neglect occurred.
155          [(37)] (39) "Unsupported" means a finding at the completion of an investigation that
156     there is insufficient evidence to conclude that abuse, neglect, or dependency occurred.
157     However, a finding of unsupported means also that the division worker did not conclude that
158     the allegation was without merit.
159          [(38)] (40) "Without merit" means a finding at the completion of an investigation by
160     the division, or a judicial finding, that the alleged abuse, neglect, or dependency did not occur,
161     or that the alleged perpetrator was not responsible for the abuse, neglect, or dependency.
162          Section 2. Section 62A-4a-103 is amended to read:
163          62A-4a-103. Division -- Creation -- Purpose.
164          (1) (a) There is created the Division of Child and Family Services within the
165     department, under the administration and general supervision of the executive director.
166          (b) The division is the child, youth, and family services authority of the state and has
167     all functions, powers, duties, rights, and responsibilities created in accordance with this
168     chapter, except those assumed by the department.
169          (2) (a) The primary purpose of the division is to provide child welfare services.

170          (b) The division shall, when possible and appropriate, provide in-home services for the
171     preservation of families in an effort to protect the child from the trauma of separation from
172     [his] the child's family, protect the integrity of the family, and the constitutional rights of
173     parents. In keeping with its ultimate goal and purpose of protecting children, however, when a
174     child's welfare is endangered or reasonable efforts to maintain or reunify a child with [his] the
175     child's family have failed, the division shall act in a timely fashion in accordance with the
176     requirements of this chapter and Title 78A, Chapter 6, Part 3, Abuse, Neglect, and Dependency
177     Proceedings, to provide the child with a stable, permanent environment.
178          (3) The division shall also provide domestic violence services in accordance with
179     federal law.
180          Section 3. Section 62A-4a-205 is amended to read:
181          62A-4a-205. Child and family plan -- Parent-time and relative visitation.
182          (1) No more than 45 days after a child enters the temporary custody of the division, the
183     child's child and family plan shall be finalized.
184          (2) (a) The division may use an interdisciplinary team approach in developing each
185     child and family plan.
186          (b) The interdisciplinary team described in Subsection (2)(a) may include
187     representatives from the following fields:
188          (i) mental health;
189          (ii) education; and
190          (iii) if appropriate, law enforcement.
191          (3) (a) The division shall involve all of the following in the development of a child's
192     child and family plan:
193          (i) both of the child's natural parents, unless the whereabouts of a parent are unknown;
194          (ii) the child;
195          (iii) the child's foster parents;
196          (iv) if appropriate, the child's stepparent; and
197          (v) the child's guardian ad litem, if one has been appointed by the court.

198          (b) In relation to all information considered by the division in developing a child and
199     family plan, additional weight and attention shall be given to the input of the child's natural and
200     foster parents upon their involvement pursuant to Subsections (3)(a)(i) and (iii).
201          (c) (i) The division shall make a substantial effort to develop a child and family plan
202     with which the child's parents agree.
203          (ii) If a parent does not agree with a child and family plan:
204          (A) the division shall strive to resolve the disagreement between the division and the
205     parent; and
206          (B) if the disagreement is not resolved, the division shall inform the court of the
207     disagreement.
208          (4) A copy of the child and family plan shall, immediately upon completion, or as soon
209     as reasonably possible thereafter, be provided to the:
210          (a) guardian ad litem;
211          (b) child's natural parents; and
212          (c) child's foster parents.
213          (5) Each child and family plan shall:
214          (a) specifically provide for the safety of the child, in accordance with federal law; and
215          (b) clearly define what actions or precautions will, or may be, necessary to provide for
216     the health, safety, protection, and welfare of the child.
217          (6) The child and family plan shall set forth, with specificity, at least the following:
218          (a) the reason the child entered into the custody of the division;
219          (b) documentation of the:
220          (i) reasonable efforts made to prevent placement of the child in the custody of the
221     division; or
222          (ii) emergency situation that existed and that prevented the reasonable efforts described
223     in Subsection (6)(b)(i), from being made;
224          (c) the primary permanency plan for the child and the reason for selection of that plan;
225          (d) the concurrent permanency plan for the child and the reason for the selection of that

226     plan;
227          (e) if the plan is for the child to return to the child's family:
228          (i) specifically what the parents must do in order to enable the child to be returned
229     home;
230          (ii) specifically how the requirements described in Subsection (6)(e)(i) may be
231     accomplished; and
232          (iii) how the requirements described in Subsection (6)(e)(i) will be measured;
233          (f) the specific services needed to reduce the problems that necessitated placing the
234     child in the division's custody;
235          (g) the name of the person who will provide for and be responsible for case
236     management;
237          (h) subject to Subsection (10), a parent-time schedule between the natural parent and
238     the child;
239          (i) subject to Subsection (7), the health and mental health care to be provided to
240     address any known or diagnosed mental health needs of the child;
241          (j) if residential treatment rather than a foster home is the proposed placement, a
242     requirement for a specialized assessment of the child's health needs including an assessment of
243     mental illness and behavior and conduct disorders; [and]
244          (k) social summaries that include case history information pertinent to case planning[.];
245     and
246          (l) subject to Subsection (12), a sibling visitation schedule.
247          (7) (a) Subject to Subsection (7)(b), in addition to the information required under
248     Subsection (6)(i), the plan shall include a specialized assessment of the medical and mental
249     health needs of a child, if the child:
250          (i) is placed in residential treatment; and
251          (ii) has medical or mental health issues that need to be addressed.
252          (b) Notwithstanding Subsection (7)(a), a parent shall retain the right to seek a separate
253     medical or mental health diagnosis of the parent's child from a licensed practitioner of the

254     parent's choice.
255          (8) (a) Each child and family plan shall be specific to each child and the child's family,
256     rather than general.
257          (b) The division shall train its workers to develop child and family plans that comply
258     with:
259          (i) federal mandates; and
260          (ii) the specific needs of the particular child and the child's family.
261          (c) All child and family plans and expectations shall be individualized and contain
262     specific time frames.
263          (d) Subject to Subsection (8)(h), child and family plans shall address problems that:
264          (i) keep a child in placement; and
265          (ii) keep a child from achieving permanence in the child's life.
266          (e) Each child and family plan shall be designed to minimize disruption to the normal
267     activities of the child's family, including employment and school.
268          (f) In particular, the time, place, and amount of services, hearings, and other
269     requirements ordered by the court in the child and family plan shall be designed, as much as
270     practicable, to help the child's parents maintain or obtain employment.
271          (g) The child's natural parents, foster parents, and where appropriate, stepparents, shall
272     be kept informed of and supported to participate in important meetings and procedures related
273     to the child's placement.
274          (h) For purposes of Subsection (8)(d), a child and family plan may only include
275     requirements that:
276          (i) address findings made by the court; or
277          (ii) (A) are requested or consented to by a parent or guardian of the child; and
278          (B) are agreed to by the division and the guardian ad litem.
279          (9) (a) Except as provided in Subsection (9)(b), with regard to a child who is three
280     years of age or younger, if the plan is not to return the child home, the primary permanency
281     plan for that child shall be adoption.

282          (b) Notwithstanding Subsection (9)(a), if the division documents to the court that there
283     is a compelling reason that adoption, reunification, guardianship, and a placement described in
284     Subsection 78A-6-306(6)(e) are not in the child's best interest, the court may order another
285     planned permanent living arrangement in accordance with federal law.
286          (10) (a) Except as provided in Subsection (10)(b), parent-time may only be denied by a
287     court order issued pursuant to Subsections 78A-6-312(3), (6), and (7).
288          (b) Notwithstanding Subsection (10)(a), the person designated by the division or a
289     court to supervise a parent-time session may deny parent-time for that session if the supervising
290     person determines that, based on the parent's condition, it is necessary to deny parent-time in
291     order to:
292          (i) protect the physical safety of the child;
293          (ii) protect the life of the child; or
294          (iii) consistent with Subsection (10)(c), prevent the child from being traumatized by
295     contact with the parent.
296          (c) In determining whether the condition of the parent described in Subsection (10)(b)
297     will traumatize a child, the person supervising the parent-time session shall consider the impact
298     that the parent's condition will have on the child in light of:
299          (i) the child's fear of the parent; and
300          (ii) the nature of the alleged abuse or neglect.
301          (11) The division shall consider visitation with their grandparents for children in state
302     custody if the division determines visitation to be in the best interest of the child and:
303          (a) there are no safety concerns regarding the behavior or criminal background of the
304     grandparents;
305          (b) allowing visitation would not compete with or undermine the reunification plan;
306          (c) there is a substantial relationship between the grandparents and children; and
307          (d) the visitation will not unduly burden the foster parents.
308          (12) The child and family plan shall incorporate reasonable efforts to:
309          (a) provide sibling visitation when:

310          (i) siblings are separated due to foster care or adoptive placement;
311          (ii) visitation is in the best interest of the child for whom the plan is developed; and
312          (iii) the division has consent for sibling visitation from the legal guardian of the
313     sibling; and
314          (b) obtain consent for sibling visitation from the sibling's legal guardian when the
315     criteria of Subsections (12)(a)(i) and (ii) are met.
316          Section 4. Section 78A-6-301 is amended to read:
317          78A-6-301. Definitions.
318          As used in this part:
319          (1) "Custody" means the custody of a minor in the Division of Child and Family
320     Services as of the date of disposition.
321          (2) "Protective custody" means the shelter of a child by the Division of Child and
322     Family Services from the time the child is removed from home until the earlier of:
323          (a) the shelter hearing; or
324          (b) the child's return home.
325          (3) "Sibling" means the same as that term is defined in Section 62A-4a-101.
326          (4) "Sibling visitation" means the same as that term is defined in Section 62A-4a-101.
327          [(3)] (5) "Temporary custody" means the custody of a child in the Division of Child
328     and Family Services from the date of the shelter hearing until disposition.
329          Section 5. Section 78A-6-312 is amended to read:
330          78A-6-312. Dispositional hearing -- Reunification services -- Exceptions.
331          (1) The court may:
332          (a) make any of the dispositions described in Section 78A-6-117;
333          (b) place the minor in the custody or guardianship of any:
334          (i) individual; or
335          (ii) public or private entity or agency; or
336          (c) order:
337          (i) protective supervision;

338          (ii) family preservation;
339          (iii) subject to Subsections (12)(b), 78A-6-105(27)(d), and 78A-6-117(2)(n) and
340     Section 78A-6-301.5, medical or mental health treatment; [or]
341          (iv) sibling visitation; or
342          [(iv)] (v) other services.
343          (2) Whenever the court orders continued removal at the dispositional hearing, and that
344     the minor remain in the custody of the division, the court shall first:
345          (a) establish a primary permanency plan for the minor; and
346          (b) determine whether, in view of the primary permanency plan, reunification services
347     are appropriate for the minor and the minor's family, pursuant to Subsections [(20)] (21)
348     through [(22)] (23).
349          (3) Subject to Subsections (6) and (7), if the court determines that reunification
350     services are appropriate for the minor and the minor's family, the court shall provide for
351     reasonable parent-time with the parent or parents from whose custody the minor was removed,
352     unless parent-time is not in the best interest of the minor.
353          (4) In cases where obvious sexual abuse, sexual exploitation, abandonment, severe
354     abuse, or severe neglect are involved, neither the division nor the court has any duty to make
355     "reasonable efforts" or to, in any other way, attempt to provide reunification services, or to
356     attempt to rehabilitate the offending parent or parents.
357          (5) In all cases, the minor's health, safety, and welfare shall be the court's paramount
358     concern in determining whether reasonable efforts to reunify should be made.
359          (6) For purposes of Subsection (3), parent-time is in the best interests of a minor unless
360     the court makes a finding that it is necessary to deny parent-time in order to:
361          (a) protect the physical safety of the minor;
362          (b) protect the life of the minor; or
363          (c) prevent the minor from being traumatized by contact with the parent due to the
364     minor's fear of the parent in light of the nature of the alleged abuse or neglect.
365          (7) Notwithstanding Subsection (3), a court may not deny parent-time based solely on a

366     parent's failure to:
367          (a) prove that the parent has not used legal or illegal substances; or
368          (b) comply with an aspect of the child and family plan that is ordered by the court.
369          (8) (a) In addition to the primary permanency plan, the court shall establish a
370     concurrent permanency plan that shall include:
371          (i) a representative list of the conditions under which the primary permanency plan will
372     be abandoned in favor of the concurrent permanency plan; and
373          (ii) an explanation of the effect of abandoning or modifying the primary permanency
374     plan.
375          (b) In determining the primary permanency plan and concurrent permanency plan, the
376     court shall consider:
377          (i) the preference for kinship placement over nonkinship placement;
378          (ii) the potential for a guardianship placement if the parent-child relationship is legally
379     terminated and no appropriate adoption placement is available; and
380          (iii) the use of an individualized permanency plan, only as a last resort.
381          (9) A permanency hearing shall be conducted in accordance with Subsection
382     78A-6-314(1)(b) within 30 days after the day on which the dispositional hearing ends if
383     something other than reunification is initially established as a minor's primary permanency
384     plan.
385          (10) (a) The court may amend a minor's primary permanency plan before the
386     establishment of a final permanency plan under Section 78A-6-314.
387          (b) The court is not limited to the terms of the concurrent permanency plan in the event
388     that the primary permanency plan is abandoned.
389          (c) If, at any time, the court determines that reunification is no longer a minor's primary
390     permanency plan, the court shall conduct a permanency hearing in accordance with Section
391     78A-6-314 on or before the earlier of:
392          (i) 30 days after the day on which the court makes the determination described in this
393     Subsection (10)(c); or

394          (ii) the day on which the provision of reunification services, described in Section
395     78A-6-314, ends.
396          (11) (a) If the court determines that reunification services are appropriate, it shall order
397     that the division make reasonable efforts to provide services to the minor and the minor's
398     parent for the purpose of facilitating reunification of the family, for a specified period of time.
399          (b) In providing the services described in Subsection (11)(a), the minor's health, safety,
400     and welfare shall be the division's paramount concern, and the court shall so order.
401          (12) (a) The court shall:
402          (i) determine whether the services offered or provided by the division under the child
403     and family plan constitute "reasonable efforts" on the part of the division;
404          (ii) determine and define the responsibilities of the parent under the child and family
405     plan in accordance with Subsection 62A-4a-205(6)(e); and
406          (iii) identify verbally on the record, or in a written document provided to the parties,
407     the responsibilities described in Subsection (12)(a)(ii), for the purpose of assisting in any future
408     determination regarding the provision of reasonable efforts, in accordance with state and
409     federal law.
410          (b) If the parent is in a substance abuse treatment program, other than a certified drug
411     court program:
412          (i) the court may order the parent to submit to supplementary drug or alcohol testing in
413     addition to the testing recommended by the parent's substance abuse program based on a
414     finding of reasonable suspicion that the parent is abusing drugs or alcohol; and
415          (ii) the court may order the parent to provide the results of drug or alcohol testing
416     recommended by the substance abuse program to the court or division.
417          (13) (a) The time period for reunification services may not exceed 12 months from the
418     date that the minor was initially removed from the minor's home, unless the time period is
419     extended under Subsection 78A-6-314(7).
420          (b) Nothing in this section may be construed to entitle any parent to an entire 12
421     months of reunification services.

422          (14) (a) If reunification services are ordered, the court may terminate those services at
423     any time.
424          (b) If, at any time, continuation of reasonable efforts to reunify a minor is determined
425     to be inconsistent with the final permanency plan for the minor established pursuant to Section
426     78A-6-314, then measures shall be taken, in a timely manner, to:
427          (i) place the minor in accordance with the permanency plan; and
428          (ii) complete whatever steps are necessary to finalize the permanent placement of the
429     minor.
430          (15) Any physical custody of the minor by the parent or a relative during the period
431     described in Subsections (11) through (14) does not interrupt the running of the period.
432          (16) (a) If reunification services are ordered, a permanency hearing shall be conducted
433     by the court in accordance with Section 78A-6-314 at the expiration of the time period for
434     reunification services.
435          (b) The permanency hearing shall be held no later than 12 months after the original
436     removal of the minor.
437          (c) If reunification services are not ordered, a permanency hearing shall be conducted
438     within 30 days, in accordance with Section 78A-6-314.
439          (17) With regard to a minor in the custody of the division whose parent or parents are
440     ordered to receive reunification services but who have abandoned that minor for a period of six
441     months from the date that reunification services were ordered:
442          (a) the court shall terminate reunification services; and
443          (b) the division shall petition the court for termination of parental rights.
444          (18) When a court conducts a permanency hearing for a minor under Section
445     78A-6-314, the court shall attempt to keep the minor's sibling group together if keeping the
446     sibling group together is:
447          (a) practicable; and
448          (b) in accordance with the best interest of the minor.
449          (19) When a child is under the custody of the division and has been separated from a

450     sibling due to foster care or adoptive placement, a court may order sibling visitation, subject to
451     the division obtaining consent from the sibling's legal guardian, according to the court's
452     determination of the best interests of the child for whom the hearing is held.
453          [(19)] (20) (a) Because of the state's interest in and responsibility to protect and provide
454     permanency for minors who are abused, neglected, or dependent, the Legislature finds that a
455     parent's interest in receiving reunification services is limited.
456          (b) The court may determine that:
457          (i) efforts to reunify a minor with the minor's family are not reasonable or appropriate,
458     based on the individual circumstances; and
459          (ii) reunification services should not be provided.
460          (c) In determining "reasonable efforts" to be made with respect to a minor, and in
461     making "reasonable efforts," the minor's health, safety, and welfare shall be the paramount
462     concern.
463          [(20)] (21) There is a presumption that reunification services should not be provided to
464     a parent if the court finds, by clear and convincing evidence, that any of the following
465     circumstances exist:
466          (a) the whereabouts of the parents are unknown, based upon a verified affidavit
467     indicating that a reasonably diligent search has failed to locate the parent;
468          (b) subject to Subsection [(21)] (22)(a), the parent is suffering from a mental illness of
469     such magnitude that it renders the parent incapable of utilizing reunification services;
470          (c) the minor was previously adjudicated as an abused child due to physical abuse,
471     sexual abuse, or sexual exploitation, and following the adjudication the minor:
472          (i) was removed from the custody of the minor's parent;
473          (ii) was subsequently returned to the custody of the parent; and
474          (iii) is being removed due to additional physical abuse, sexual abuse, or sexual
475     exploitation;
476          (d) the parent:
477          (i) caused the death of another minor through abuse or neglect;

478          (ii) committed, aided, abetted, attempted, conspired, or solicited to commit:
479          (A) murder or manslaughter of a child; or
480          (B) child abuse homicide;
481          (iii) committed sexual abuse against the child;
482          (iv) is a registered sex offender or required to register as a sex offender; or
483          (v) (A) intentionally, knowingly, or recklessly causes the death of another parent of the
484     child;
485          (B) is identified by a law enforcement agency as the primary suspect in an investigation
486     for intentionally, knowingly, or recklessly causing the death of another parent of the child; or
487          (C) is being prosecuted for or has been convicted of intentionally, knowingly, or
488     recklessly causing the death of another parent of the child;
489          (e) the minor suffered severe abuse by the parent or by any person known by the
490     parent, if the parent knew or reasonably should have known that the person was abusing the
491     minor;
492          (f) the minor is adjudicated an abused child as a result of severe abuse by the parent,
493     and the court finds that it would not benefit the minor to pursue reunification services with the
494     offending parent;
495          (g) the parent's rights are terminated with regard to any other minor;
496          (h) the minor was removed from the minor's home on at least two previous occasions
497     and reunification services were offered or provided to the family at those times;
498          (i) the parent has abandoned the minor for a period of six months or longer;
499          (j) the parent permitted the child to reside, on a permanent or temporary basis, at a
500     location where the parent knew or should have known that a clandestine laboratory operation
501     was located;
502          (k) except as provided in Subsection [(21)] (22)(b), with respect to a parent who is the
503     child's birth mother, the child has fetal alcohol syndrome, fetal alcohol spectrum disorder, or
504     was exposed to an illegal or prescription drug that was abused by the child's mother while the
505     child was in utero, if the child was taken into division custody for that reason, unless the

506     mother agrees to enroll in, is currently enrolled in, or has recently and successfully completed a
507     substance abuse treatment program approved by the department; or
508          (l) any other circumstance that the court determines should preclude reunification
509     efforts or services.
510          [(21)] (22) (a) The finding under Subsection [(20)] (21)(b) shall be based on competent
511     evidence from at least two medical or mental health professionals, who are not associates,
512     establishing that, even with the provision of services, the parent is not likely to be capable of
513     adequately caring for the minor within 12 months after the day on which the court finding is
514     made.
515          (b) A judge may disregard the provisions of Subsection [(20)] (21)(k) if the court finds,
516     under the circumstances of the case, that the substance abuse treatment described in Subsection
517     [(20)] (21)(k) is not warranted.
518          [(22)] (23) In determining whether reunification services are appropriate, the court
519     shall take into consideration:
520          (a) failure of the parent to respond to previous services or comply with a previous child
521     and family plan;
522          (b) the fact that the minor was abused while the parent was under the influence of
523     drugs or alcohol;
524          (c) any history of violent behavior directed at the child or an immediate family
525     member;
526          (d) whether a parent continues to live with an individual who abused the minor;
527          (e) any patterns of the parent's behavior that have exposed the minor to repeated abuse;
528          (f) testimony by a competent professional that the parent's behavior is unlikely to be
529     successful; and
530          (g) whether the parent has expressed an interest in reunification with the minor.
531          [(23)] (24) (a) If reunification services are not ordered pursuant to Subsections [(19)]
532     (20) through [(21)] (22), and the whereabouts of a parent become known within six months
533     after the day on which the out-of-home placement of the minor is made, the court may order

534     the division to provide reunification services.
535          (b) The time limits described in Subsections (2) through (18) are not tolled by the
536     parent's absence.
537          [(24)] (25) (a) If a parent is incarcerated or institutionalized, the court shall order
538     reasonable services unless it determines that those services would be detrimental to the minor.
539          (b) In making the determination described in Subsection [(24)] (25)(a), the court shall
540     consider:
541          (i) the age of the minor;
542          (ii) the degree of parent-child bonding;
543          (iii) the length of the sentence;
544          (iv) the nature of the treatment;
545          (v) the nature of the crime or illness;
546          (vi) the degree of detriment to the minor if services are not offered;
547          (vii) for a minor 10 years old or older, the minor's attitude toward the implementation
548     of family reunification services; and
549          (viii) any other appropriate factors.
550          (c) Reunification services for an incarcerated parent are subject to the time limitations
551     imposed in Subsections (2) through (18).
552          (d) Reunification services for an institutionalized parent are subject to the time
553     limitations imposed in Subsections (2) through (18), unless the court determines that continued
554     reunification services would be in the minor's best interest.
555          [(25)] (26) If, pursuant to Subsections [(20)] (21)(b) through (l), the court does not
556     order reunification services, a permanency hearing shall be conducted within 30 days, in
557     accordance with Section 78A-6-314.