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7 LONG TITLE
8 General Description:
9 This bill addresses termination of parental rights.
10 Highlighted Provisions:
11 This bill:
12 ▸ modifies the circumstances under which a court may terminate a parent's rights.
13 Money Appropriated in this Bill:
14 None
15 Other Special Clauses:
16 None
17 Utah Code Sections Affected:
18 AMENDS:
19 78A-6-507, as last amended by Laws of Utah 2012, Chapter 281
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21 Be it enacted by the Legislature of the state of Utah:
22 Section 1. Section 78A-6-507 is amended to read:
23 78A-6-507. Grounds for termination of parental rights -- Findings regarding
24 reasonable efforts.
25 (1) Subject to the protections and requirements of Section 78A-6-503, [
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27 the court finds any one of the following:
28 (a) that the parent has abandoned the child;
29 (b) that the parent has neglected or abused the child;
30 (c) that the parent is unfit or incompetent;
31 (d) (i) that the child is being cared for in an out-of-home placement under the
32 supervision of the court or the division;
33 (ii) that the parent has substantially neglected, wilfully refused, or has been unable or
34 unwilling to remedy the circumstances that cause the child to be in an out-of-home placement;
35 and
36 (iii) that there is a substantial likelihood that the parent will not be capable of
37 exercising proper and effective parental care in the near future;
38 (e) failure of parental adjustment, as defined in this chapter;
39 (f) that only token efforts have been made by the parent:
40 (i) to support or communicate with the child;
41 (ii) to prevent neglect of the child;
42 (iii) to eliminate the risk of serious harm to the child; or
43 (iv) to avoid being an unfit parent;
44 (g) (i) that the parent has voluntarily relinquished the parent's parental rights to the
45 child; and
46 (ii) that termination is in the child's best interest;
47 (h) that, after a period of trial during which the child was returned to live in the child's
48 own home, the parent substantially and continuously or repeatedly refused or failed to give the
49 child proper parental care and protection; or
50 (i) the terms and conditions of safe relinquishment of a newborn child have been
51 complied with, pursuant to Title 62A, Chapter 4a, Part 8, Safe Relinquishment of a Newborn
52 Child.
53 (2) The court may not terminate the parental rights of a parent because the parent has
54 failed to complete the requirements of a child and family plan.
55 (3) (a) Except as provided in Subsection (3)(b), in any case in which the court has
56 directed the division to provide reunification services to a parent, the court must find that the
57 division made reasonable efforts to provide those services before the court may terminate the
58 parent's rights under Subsection (1)(b), (c), (d), (e), (f), or (h).
59 (b) Notwithstanding Subsection (3)(a), the court is not required to make the finding
60 under Subsection (3)(a) before terminating a parent's rights:
61 (i) under Subsection (1)(b), if the court finds that the abuse or neglect occurred
62 subsequent to adjudication; or
63 (ii) if reasonable efforts to provide the services described in Subsection (3)(a) are not
64 required under federal law, and federal law is not inconsistent with Utah law.