Senator Wayne A. Harper proposes the following substitute bill:


1     
CHILD WELFARE AMENDMENTS

2     
2023 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Wayne A. Harper

5     
House Sponsor: Christine F. Watkins

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions of the Utah Juvenile Code related to child welfare.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     modifies the requirements for a member of the oversight team managing the
14     psychotropic medication oversight pilot program for children in foster care;
15          ▸     allows the Division of Child and Family Services to establish citizen review panels;
16          ▸     describes the duties of a citizen review panel and authorizes a citizen review panel
17     to access certain records and information to fulfill the panel's duties;
18          ▸     establishes the Child Welfare Improvement Council as a citizen review panel;
19          ▸     provides that, while an interstate compact request is ordered or pending, the court
20     may not finalize a non-relative placement unless the court makes certain
21     considerations;
22          ▸     modifies the preferential consideration granted to a relative for placement of a child;
23          ▸     removes a limit on the preferential consideration granted to a natural parent after
24     120 days following a shelter hearing;
25          ▸     amends the circumstances under which the division is required to notify former
26     foster parents when a child reenters temporary custody or the custody of the division;
27          ▸     removes a provision related to the primary permanency plan for a child who is three
28     years old or younger;
29          ▸     repeals a provision related to the development of a volunteer network by the
30     Division of Child and Family Services; and
31          ▸     makes technical and conforming changes.
32     Money Appropriated in this Bill:
33          None
34     Other Special Clauses:
35          None
36     Utah Code Sections Affected:
37     AMENDS:
38          80-2-503.5, as renumbered and amended by Laws of Utah 2022, Chapter 334
39          80-2-1001, as renumbered and amended by Laws of Utah 2022, Chapter 334
40          80-2-1101, as renumbered and amended by Laws of Utah 2022, Chapter 334
41          80-3-301, as last amended by Laws of Utah 2022, Chapters 287, 334
42          80-3-302, as last amended by Laws of Utah 2022, Chapters 287, 334
43          80-3-303, as last amended by Laws of Utah 2022, Chapters 287, 335
44          80-3-307, as renumbered and amended by Laws of Utah 2022, Chapter 334
45          80-3-405, as last amended by Laws of Utah 2022, Chapter 335
46          80-3-407, as last amended by Laws of Utah 2022, Chapters 287, 335
47          80-3-409, as last amended by Laws of Utah 2022, Chapters 287, 335
48     ENACTS:
49          80-3-111, Utah Code Annotated 1953
50     REPEALS:
51          78B-7-112, as last amended by Laws of Utah 2020, Chapter 142
52     

53     Be it enacted by the Legislature of the state of Utah:
54          Section 1. Section 80-2-503.5 is amended to read:
55          80-2-503.5. Psychotropic medication oversight pilot program.
56          (1) As used in this section, "psychotropic medication" means medication prescribed to
57     affect or alter thought processes, mood, or behavior, including antipsychotic, antidepressant,
58     anxiolytic, or behavior medication.
59          (2) The division shall, through contract with the Department of Health and Human
60     Services, establish and operate a psychotropic medication oversight pilot program for children
61     in foster care to ensure that foster children are being prescribed psychotropic medication
62     consistent with the foster children's needs.
63          (3) The division shall establish an oversight team to manage the psychotropic
64     medication oversight program, composed of at least the following individuals:
65          (a) an advanced practice registered nurse, as defined in Section 58-31b-102, [employed
66     by] contracted with the Department of Health and Human Services; and
67          (b) a child psychiatrist.
68          (4) The oversight team shall monitor foster children:
69          (a) six years old or younger who are being prescribed one or more psychotropic
70     medications; and
71          (b) seven years old or older who are being prescribed two or more psychotropic
72     medications.
73          (5) The oversight team shall, upon request, be given information or records related to
74     the foster child's health care history, including psychotropic medication history and mental and
75     behavioral health history, from:
76          (a) the foster child's current or past caseworker;
77          (b) the foster child; or
78          (c) the foster child's:
79          (i) current or past health care provider;
80          (ii) natural parents; or
81          (iii) foster parents.
82          (6) The oversight team may review and monitor the following information about a
83     foster child:
84          (a) the foster child's history;
85          (b) the foster child's health care, including psychotropic medication history and mental
86     or behavioral health history;
87          (c) whether there are less invasive treatment options available to meet the foster child's
88     needs;
89          (d) the dosage or dosage range and appropriateness of the foster child's psychotropic
90     medication;
91          (e) the short-term or long-term risks associated with the use of the foster child's
92     psychotropic medication; or
93          (f) the reported benefits of the foster child's psychotropic medication.
94          (7) (a) The oversight team may make recommendations to the foster child's health care
95     providers concerning the foster child's psychotropic medication or the foster child's mental or
96     behavioral health.
97          (b) The oversight team shall provide the recommendations made in Subsection (7)(a)
98     to the foster child's parent or guardian after discussing the recommendations with the foster
99     child's current health care providers.
100          (8) The division may adopt administrative rules in accordance with Title 63G, Chapter
101     3, Utah Administrative Rulemaking Act, necessary to administer this section.
102          (9) The division shall report to the Child Welfare Legislative Oversight Panel
103     regarding the psychotropic medication oversight pilot program by October 1 of each even
104     numbered year.
105          Section 2. Section 80-2-1001 is amended to read:
106          80-2-1001. Management Information System -- Contents -- Classification of
107     records -- Access.
108          (1) The division shall develop and implement a Management Information System that
109     meets the requirements of this section and the requirements of federal law and regulation.
110          (2) The Management Information System shall:
111          (a) contain all key elements of each family's current child and family plan, including:
112          (i) the dates and number of times the plan has been administratively or judicially
113     reviewed;
114          (ii) the number of times the parent failed the child and family plan; and
115          (iii) the exact length of time the child and family plan has been in effect; and
116          (b) alert child welfare caseworkers regarding deadlines for completion of and
117     compliance with policy, including child and family plans.
118          (3) For a child welfare case, the Management Information System shall provide each
119     child welfare caseworker and the Office of Licensing created in Section 62A-2-103,
120     exclusively for the purposes of foster parent licensure and monitoring, with a complete history
121     of each child in the child welfare caseworker's caseload, including:
122          (a) a record of all past action taken by the division with regard to the child and the
123     child's siblings;
124          (b) the complete case history and all reports and information in the control or keeping
125     of the division regarding the child and the child's siblings;
126          (c) the number of times the child has been in the protective custody, temporary
127     custody, and custody of the division;
128          (d) the cumulative period of time the child has been in the custody of the division;
129          (e) a record of all reports of abuse or neglect received by the division with regard to the
130     child's parent or guardian including:
131          (i) for each report, documentation of the:
132          (A) latest status; or
133          (B) final outcome or determination; and
134          (ii) information that indicates whether each report was found to be:
135          (A) supported;
136          (B) unsupported;
137          (C) substantiated;
138          (D) unsubstantiated; or
139          (E) without merit;
140          (f) the number of times the child's parent failed any child and family plan; and
141          (g) the number of different child welfare caseworkers who have been assigned to the
142     child in the past.
143          (4) For child protective services cases, the Management Information System shall:
144          (a) monitor the compliance of each case with:
145          (i) division rule;
146          (ii) state law; and
147          (iii) federal law and regulation; and
148          (b) include the age and date of birth of the alleged perpetrator at the time the abuse or
149     neglect is alleged to have occurred, in order to ensure accuracy regarding the identification of
150     the alleged perpetrator.
151          (5) Information or a record contained in the Management Information System is:
152          (a) a private, controlled, or protected record under Title 63G, Chapter 2, Government
153     Records Access and Management Act; and
154          (b) available only:
155          (i) to a person or government entity with statutory authorization under Title 63G,
156     Chapter 2, Government Records Access and Management Act, to review the information or
157     record;
158          (ii) to a person who has specific statutory authorization to access the information or
159     record for the purpose of assisting the state with state or federal requirements to maintain
160     information solely for the purpose of protecting minors and providing services to families in
161     need;
162          (iii) to the extent required by Title IV(b) or IV(e) of the Social Security Act:
163          (A) to comply with abuse and neglect registry checks requested by other states; or
164          (B) to the United States Department of Health and Human Services for purposes of
165     maintaining an electronic national registry of supported or substantiated cases of abuse and
166     neglect;
167          (iv) to the department, upon the approval of the executive director of the department,
168     on a need-to-know basis; [or]
169          (v) as provided in Subsection (6) or Section 80-2-1002[.]; or
170          (vi) to a citizen review panel for the purpose of fulfilling the panel's duties as described
171     in Section 80-2-1101.
172          (6) (a) The division may allow a division contract provider, court clerk designated by
173     the Administrative Office of the Courts, the Office of Guardian Ad Litem, or Indian tribe to
174     have limited access to the Management Information System.
175          (b) A division contract provider or Indian tribe has access only to information about a
176     person who is currently receiving services from the specific contract provider or Indian tribe.
177          (c) A court clerk may only have access to information necessary to comply with
178     Subsection 78B-7-202(2).
179          (d) (i) The Office of Guardian Ad Litem may only access:
180          (A) the information that is entered into the Management Information System on or after
181     July 1, 2004, and relates to a child or family where the Office of Guardian Ad Litem is
182     appointed by a court to represent the interests of the child; or
183          (B) any abuse or neglect referral about a child or family where the office has been
184     appointed by a court to represent the interests of the child, regardless of the date that the
185     information is entered into the Management Information System.
186          (ii) The division may use the information in the Management Information System to
187     screen an individual as described in Subsection 80-2-1002(4)(b)(ii)(A) at the request of the
188     Office of Guardian Ad Litem.
189          (e) A contract provider or designated representative of the Office of Guardian Ad
190     Litem or an Indian tribe who requests access to information contained in the Management
191     Information System shall:
192          (i) take all necessary precautions to safeguard the security of the information contained
193     in the Management Information System;
194          (ii) train its employees regarding:
195          (A) requirements for protecting the information contained in the Management
196     Information System under this chapter and under Title 63G, Chapter 2, Government Records
197     Access and Management Act; and
198          (B) the criminal penalties under Sections 63G-2-801 and 80-2-1005 for improper
199     release of information; and
200          (iii) monitor its employees to ensure that the employees protect the information
201     contained in the Management Information System as required by law.
202          (7) The division shall take:
203          (a) all necessary precautions, including password protection and other appropriate and
204     available technological techniques, to prevent unauthorized access to or release of information
205     contained in the Management Information System; and
206          (b) reasonable precautions to ensure that the division's contract providers comply with
207     Subsection (6).
208          Section 3. Section 80-2-1101 is amended to read:
209          80-2-1101. Citizen review panel -- Child Welfare Improvement Council -- Duties.
210          [(1) (a) There is established the Child Welfare Improvement Council composed of no
211     more than 25 members who are appointed by the division.]
212          [(b) Except as required by Subsection (1)(c), as terms of current council members
213     expire, the division shall appoint each new member or reappointed member to a four-year
214     term.]
215          [(c) Notwithstanding the requirements of Subsection (1)(b), the division shall, at the
216     time of appointment or reappointment, adjust the length of terms to ensure that the terms of
217     council members are staggered so that approximately half of the council is appointed every two
218     years.]
219          [(d) The council shall have geographic, economic, gender, cultural, and philosophical
220     diversity.]
221          [(e) When a vacancy occurs in the membership for any reason, the division shall
222     appoint the replacement for the unexpired term.]
223          [(2) The council shall elect a chairperson from the council's membership at least
224     biannually.]
225          [(3)] (1) (a) The division may establish one or more citizen review panels to:
226          (i) assist and advise the division as determined by the division; and
227          (ii) comply with 42 U.S.C. Sec. 5106a(c).
228          (b) Each panel shall be composed of volunteer members, including former consumers
229     of services, who broadly represent the geographic community or topic area for which the panel
230     is established.
231          (c) A member [may not receive compensation or benefits for the member's service, but]
232     of a citizen review panel may receive per diem and travel expenses in accordance with:
233          [(a)] (i) Section 63A-3-106;
234          [(b)] (ii) Section 63A-3-107; and
235          [(c)] (iii) rules made by the Division of Finance under Sections 63A-3-106 and
236     63A-3-107.
237          (d) The division shall provide staff to assist a citizen review panel in completing the
238     panel's duties.
239          (e) (i) A citizen review panel member or division staff assisting a citizen review panel
240     may not disclose to a person or government entity identifying information about a specific
241     child protection case that is provided to the citizen review panel.
242          (ii) A citizen review panel member or division staff member who violates Subsection
243     (1)(e)(i) may be subject to a civil fine not to exceed $500 for each violation.
244          [(4) (a) The council shall hold a public meeting quarterly.]
245          [(b) Within budgetary constraints, meetings may also be held on the call of the chair, or
246     of a majority of the members.]
247          [(c) A majority of the members currently appointed to the council constitute a quorum
248     at any meeting and the action of the majority of the members present shall be the action of the
249     council.]
250          [(5) The council shall:]
251          [(a) advise the division on matters relating to abuse and neglect;]
252          [(b) recommend to the division how funds contained in the Children's Account, created
253     in Section 80-2-501, should be allocated;]
254          [(c) conduct public hearings to receive public comment on an abuse or neglect
255     prevention or treatment program under Section 80-2-503;]
256          [(d) provide comments to the division on a proposed amendment to performance
257     standards in accordance with Section 80-2-1102; and]
258          [(e) provide community and professional input on the performance of the division.]
259          (2) There is established the Child Welfare Improvement Council as a citizen review
260     panel.
261          (3) The division may designate a child fatality committee, created in Section
262     62A-16-202, as a citizen review panel.
263          (4) A citizen review panel designated by the division to fulfill the requirements of 42
264     U.S.C. Sec. 5106a:
265          (a) shall meet at least quarterly;
266          (b) may examine specific cases to evaluate the extent to which an agency is effectively
267     discharging the agency's responsibilities in accordance with the state's plan submitted in
268     accordance with 42 U.S.C. Sec. 5106a(b)(1) and the child protection standards set forth in 42
269     U.S.C. Sec. 5106a(b);
270          (c) shall annually review findings related to the division made by the Division of
271     Continuous Quality Improvement created in Subsection 26B-1-204(3); and
272          (d) shall facilitate public outreach and comment in order to assess the impact of current
273     procedures and practices upon children and families in the community.
274          Section 4. Section 80-3-111 is enacted to read:
275          80-3-111. Interstate compact -- Relative placement
276          (1) If, for a relative placement, an interstate placement requested under the Interstate
277     Compact on the Placement of Children has been initiated by the division or is ordered by or
278     pending before the juvenile court, the court may not finalize a non-relative placement unless
279     the court gives due weight to:
280          (a) the preferential consideration granted to a relative in Section 80-3-302;
281          (b) the rebuttable presumption in Section 80-3-302; and
282          (c) the division's placement authority under Subsections 80-1-102(50) and 80-3-303(1).
283          (2) Nothing in this section affects the ability of a foster parent to petition the juvenile
284     court under Subsection 80-3-502(3).
285          Section 5. Section 80-3-301 is amended to read:
286          80-3-301. Shelter hearing -- Court considerations.
287          (1) A juvenile court shall hold a shelter hearing to determine the temporary custody of
288     a child within 72 hours, excluding weekends and holidays, after any one or all of the following
289     occur:
290          (a) removal of the child from the child's home by the division;
291          (b) placement of the child in protective custody;
292          (c) emergency placement under Subsection 80-2a-202(5);
293          (d) as an alternative to removal of the child, a parent enters a domestic violence shelter
294     at the request of the division; or
295          (e) a motion for expedited placement in temporary custody is filed under Section
296     80-3-203.
297          (2) If one of the circumstances described in Subsections (1)(a) through (e) occurs, the
298     division shall issue a notice that contains all of the following:
299          (a) the name and address of the individual to whom the notice is directed;
300          (b) the date, time, and place of the shelter hearing;
301          (c) the name of the child on whose behalf an abuse, neglect, or dependency petition is
302     brought;
303          (d) a concise statement regarding:
304          (i) the reasons for removal or other action of the division under Subsection (1); and
305          (ii) the allegations and code sections under which the proceeding is instituted;
306          (e) a statement that the parent or guardian to whom notice is given, and the child, are
307     entitled to have an attorney present at the shelter hearing, and that if the parent or guardian is
308     an indigent individual and cannot afford an attorney, and desires to be represented by an
309     attorney, one will be provided in accordance with Title 78B, Chapter 22, Indigent Defense Act;
310     and
311          (f) a statement that the parent or guardian is liable for the cost of support of the child in
312     the protective custody, temporary custody, and custody of the division, and the cost for legal
313     counsel appointed for the parent or guardian under Subsection (2)(e), according to the financial
314     ability of the parent or guardian.
315          (3) The notice described in Subsection (2) shall be personally served as soon as
316     possible, but no later than one business day after the day on which the child is removed from
317     the child's home, or the day on which a motion for expedited placement in temporary custody
318     under Section 80-3-203 is filed, on:
319          (a) the appropriate guardian ad litem; and
320          (b) both parents and any guardian of the child, unless the parents or guardians cannot
321     be located.
322          (4) Notwithstanding Section 80-3-104, the following individuals shall be present at the
323     shelter hearing:
324          (a) the child, unless it would be detrimental for the child;
325          (b) the child's parents or guardian, unless the parents or guardian cannot be located, or
326     fail to appear in response to the notice;
327          (c) counsel for the parents, if one is requested;
328          (d) the child's guardian ad litem;
329          (e) the child welfare caseworker from the division who is assigned to the case; and
330          (f) the attorney from the attorney general's office who is representing the division.
331          (5) (a) At the shelter hearing, the juvenile court shall:
332          (i) provide an opportunity to provide relevant testimony to:
333          (A) the child's parent or guardian, if present; and
334          (B) any other individual with relevant knowledge;
335          (ii) subject to Section 80-3-108, provide an opportunity for the child to testify; and
336          (iii) in accordance with Subsections 80-3-302(7)(c) [through (e)] and (d), grant
337     preferential consideration to a relative or friend for the temporary placement of the child.
338          (b) The juvenile court:
339          (i) may consider all relevant evidence, in accordance with the Utah Rules of Juvenile
340     Procedure;
341          (ii) shall hear relevant evidence presented by the child, the child's parent or guardian,
342     the requesting party, or the requesting party's counsel; and
343          (iii) may in the juvenile court's discretion limit testimony and evidence to only that
344     which goes to the issues of removal and the child's need for continued protection.
345          (6) If the child is in protective custody, the division shall report to the juvenile court:
346          (a) the reason why the child was removed from the parent's or guardian's custody;
347          (b) any services provided to the child and the child's family in an effort to prevent
348     removal;
349          (c) the need, if any, for continued shelter;
350          (d) the available services that could facilitate the return of the child to the custody of
351     the child's parent or guardian; and
352          (e) subject to Subsections 80-3-302(7)(c) [through (e)] and (d), whether any relatives of
353     the child or friends of the child's parents may be able and willing to accept temporary
354     placement of the child.
355          (7) The juvenile court shall consider all relevant evidence provided by an individual or
356     entity authorized to present relevant evidence under this section.
357          (8) (a) If necessary to protect the child, preserve the rights of a party, or for other good
358     cause shown, the juvenile court may grant no more than one continuance, not to exceed five
359     judicial days.
360          (b) A juvenile court shall honor, as nearly as practicable, the request by a parent or
361     guardian for a continuance under Subsection (8)(a).
362          (c) Notwithstanding Subsection (8)(a), if the division fails to provide the notice
363     described in Subsection (2) within the time described in Subsection (3), the juvenile court may
364     grant the request of a parent or guardian for a continuance, not to exceed five judicial days.
365          (9) (a) If the child is in protective custody, the juvenile court shall order that the child
366     be returned to the custody of the parent or guardian unless the juvenile court finds, by a
367     preponderance of the evidence, consistent with the protections and requirements provided in
368     Subsection 80-2a-201(1), that any one of the following exists:
369          (i) subject to Subsection (9)(b)(i), there is a serious danger to the physical health or
370     safety of the child and the child's physical health or safety may not be protected without
371     removing the child from the custody of the child's parent;
372          (ii) (A) the child is suffering emotional damage that results in a serious impairment in
373     the child's growth, development, behavior, or psychological functioning;
374          (B) the parent or guardian is unwilling or unable to make reasonable changes that
375     would sufficiently prevent future damage; and
376          (C) there are no reasonable means available by which the child's emotional health may
377     be protected without removing the child from the custody of the child's parent or guardian;
378          (iii) there is a substantial risk that the child will suffer abuse or neglect if the child is
379     not removed from the custody of the child's parent or guardian;
380          (iv) subject to Subsection (9)(b)(ii), the child or a minor residing in the same
381     household has been, or is considered to be at substantial risk of being, physically abused,
382     sexually abused, or sexually exploited by:
383          (A) a parent or guardian;
384          (B) a member of the parent's household or the guardian's household; or
385          (C) an individual known to the parent or guardian;
386          (v) the parent or guardian is unwilling to have physical custody of the child;
387          (vi) the parent or guardian is unable to have physical custody of the child;
388          (vii) the child is without any provision for the child's support;
389          (viii) a parent who is incarcerated or institutionalized has not or cannot arrange for safe
390     and appropriate care for the child;
391          (ix) (A) a relative or other adult custodian with whom the child is left by the parent or
392     guardian is unwilling or unable to provide care or support for the child;
393          (B) the whereabouts of the parent or guardian are unknown; and
394          (C) reasonable efforts to locate the parent or guardian are unsuccessful;
395          (x) subject to Subsection 80-1-102(58)(b)(i) and Sections 80-3-109 and 80-3-304, the
396     child is in immediate need of medical care;
397          (xi) (A) the physical environment or the fact that the child is left unattended beyond a
398     reasonable period of time poses a threat to the child's health or safety; and
399          (B) the parent or guardian is unwilling or unable to make reasonable changes that
400     would remove the threat;
401          (xii) (A) the child or a minor residing in the same household has been neglected; and
402          (B) the parent or guardian is unwilling or unable to make reasonable changes that
403     would prevent the neglect;
404          (xiii) the parent, guardian, or an adult residing in the same household as the parent or
405     guardian, is charged or arrested pursuant to Title 58, Chapter 37d, Clandestine Drug Lab Act,
406     and any clandestine laboratory operation was located in the residence or on the property where
407     the child resided;
408          (xiv) (A) the child's welfare is substantially endangered; and
409          (B) the parent or guardian is unwilling or unable to make reasonable changes that
410     would remove the danger; or
411          (xv) the child's natural parent:
412          (A) intentionally, knowingly, or recklessly causes the death of another parent of the
413     child;
414          (B) is identified by a law enforcement agency as the primary suspect in an investigation
415     for intentionally, knowingly, or recklessly causing the death of another parent of the child; or
416          (C) is being prosecuted for or has been convicted of intentionally, knowingly, or
417     recklessly causing the death of another parent of the child.
418          (b) (i) Prima facie evidence of the finding described in Subsection (9)(a)(i) is
419     established if:
420          (A) a court previously adjudicated that the child suffered abuse, neglect, or dependency
421     involving the parent; and
422          (B) a subsequent incident of abuse, neglect, or dependency involving the parent occurs.
423          (ii) For purposes of Subsection (9)(a)(iv), if the juvenile court finds that the parent
424     knowingly allowed the child to be in the physical care of an individual after the parent received
425     actual notice that the individual physically abused, sexually abused, or sexually exploited the
426     child, that fact is prima facie evidence that there is a substantial risk that the child will be
427     physically abused, sexually abused, or sexually exploited.
428          (10) (a) (i) The juvenile court shall make a determination on the record as to whether
429     reasonable efforts were made to prevent or eliminate the need for removal of the child from the
430     child's home and whether there are available services that would prevent the need for continued
431     removal.
432          (ii) If the juvenile court finds that the child can be safely returned to the custody of the
433     child's parent or guardian through the provision of the services described in Subsection
434     (10)(a)(i), the juvenile court shall place the child with the child's parent or guardian and order
435     that the services be provided by the division.
436          (b) In accordance with federal law, the juvenile court shall consider the child's health,
437     safety, and welfare as the paramount concern when making the determination described in
438     Subsection (10)(a), and in ordering and providing the services described in Subsection (10)(a).
439          (11) If the division's first contact with the family occurred during an emergency
440     situation in which the child could not safely remain at home, the juvenile court shall make a
441     finding that any lack of preplacement preventive efforts, as described in Section 80-2a-302,
442     was appropriate.
443          (12) In cases where sexual abuse, sexual exploitation, abandonment, severe abuse, or
444     severe neglect are involved, the juvenile court and the division do not have any duty to make
445     reasonable efforts or to, in any other way, attempt to maintain a child in the child's home, return
446     a child to the child's home, provide reunification services, or attempt to rehabilitate the
447     offending parent or parents.
448          (13) The juvenile court may not order continued removal of a child solely on the basis
449     of educational neglect, truancy, or failure to comply with a court order to attend school.
450          (14) (a) If a juvenile court orders continued removal of a child under this section, the
451     juvenile court shall state the facts on which the decision is based.
452          (b) If no continued removal is ordered and the child is returned home, the juvenile
453     court shall state the facts on which the decision is based.
454          (15) If the juvenile court finds that continued removal and temporary custody are
455     necessary for the protection of a child under Subsection (9)(a), the juvenile court shall order
456     continued removal regardless of:
457          (a) any error in the initial removal of the child;
458          (b) the failure of a party to comply with notice provisions; or
459          (c) any other procedural requirement of this chapter, Chapter 2, Child Welfare
460     Services, or Chapter 2a, Removal and Protective Custody of a Child.
461          Section 6. Section 80-3-302 is amended to read:
462          80-3-302. Shelter hearing -- Placement of a child.
463          (1) As used in this section:
464          (a) "Asserted an interest" means to communicate, verbally or in writing, to the division
465     or the court, that the relative or friend is interested in becoming a placement for the child.
466          (b) [(a)] (i) "Natural parent," notwithstanding Section 80-1-102, means:
467          [(i)] (A) a biological or adoptive mother of the child;
468          [(ii)] (B) an adoptive father of the child; or
469          [(iii)] (C) a biological father of the child who:
470          [(A)] (I) was married to the child's biological mother at the time the child was
471     conceived or born; or
472          [(B)] (II) has strictly complied with Sections 78B-6-120 through 78B-6-122, before
473     removal of the child or voluntary surrender of the child by the custodial parent.
474          [(b)] (ii) "Natural parent" includes the individuals described in Subsection [(1)(a)]
475     (1)(b) regardless of whether the child has been or will be placed with adoptive parents or
476     whether adoption has been or will be considered as a long-term goal for the child.
477          (2) (a) At the shelter hearing, if the juvenile court orders that a child be removed from
478     the custody of the child's parent in accordance with Section 80-3-301, the juvenile court shall
479     first determine whether there is another natural parent with whom the child was not residing at
480     the time the events or conditions that brought the child within the juvenile court's jurisdiction
481     occurred, who desires to assume custody of the child.
482          (b) Subject to Subsection (7), if another natural parent requests custody under
483     Subsection (2)(a), the juvenile court shall place the child with that parent unless the juvenile
484     court finds that the placement would be unsafe or otherwise detrimental to the child.
485          (c) The juvenile court:
486          (i) shall make a specific finding regarding the fitness of the parent described in
487     Subsection (2)(b) to assume custody, and the safety and appropriateness of the placement;
488          (ii) shall, at a minimum, order the division to visit the parent's home, comply with the
489     criminal background check provisions described in Section 80-3-305, and check the
490     Management Information System for any previous reports of abuse or neglect received by the
491     division regarding the parent at issue;
492          (iii) may order the division to conduct any further investigation regarding the safety
493     and appropriateness of the placement; and
494          (iv) may place the child in the temporary custody of the division, pending the juvenile
495     court's determination regarding the placement.
496          (d) The division shall report the division's findings from an investigation under
497     Subsection (2)(c), regarding the child in writing to the juvenile court.
498          (3) If the juvenile court orders placement with a parent under Subsection (2):
499          (a) the child and the parent are under the continuing jurisdiction of the juvenile court;
500          (b) the juvenile court may order:
501          (i) that the parent take custody subject to the supervision of the juvenile court; and
502          (ii) that services be provided to the parent from whose custody the child was removed,
503     the parent who has assumed custody, or both; and
504          (c) the juvenile court shall order reasonable parent-time with the parent from whose
505     custody the child was removed, unless parent-time is not in the best interest of the child.
506          (4) The juvenile court shall periodically review an order described in Subsection (3) to
507     determine whether:
508          (a) placement with the parent continues to be in the child's best interest;
509          (b) the child should be returned to the original custodial parent;
510          (c) the child should be placed with a relative under Subsections (6) through (9); or
511          (d) the child should be placed in the temporary custody of the division.
512          (5) (a) Legal custody of the child is not affected by an order entered under Subsection
513     (2) or (3).
514          (b) To affect a previous court order regarding legal custody, the party shall petition the
515     court for modification of legal custody.
516          (6) Subject to Subsection (7), if, at the time of the shelter hearing, a child is removed
517     from the custody of the child's parent and is not placed in the custody of the child's other
518     parent, the juvenile court:
519          (a) shall, at that time, determine whether there is a relative or a friend who is able and
520     willing to care for the child, which may include asking a child, who is of sufficient maturity to
521     articulate the child's wishes in relation to a placement, if there is a relative or friend with whom
522     the child would prefer to reside;
523          (b) may order the division to conduct a reasonable search to determine whether there
524     are relatives or friends who are willing and appropriate, in accordance with the requirements of
525     this chapter, Chapter 2, Child Welfare Services, and Chapter 2a, Removal and Protective
526     Custody of a Child, for placement of the child;
527          (c) shall order the parents to cooperate with the division, within five working days, to
528     provide information regarding relatives or friends who may be able and willing to care for the
529     child; and
530          (d) may order that the child be placed in the temporary custody of the division pending
531     the determination under Subsection (6)(a).
532          (7) (a) (i) Subject to [Subsections] Subsection (7)(b) [through (d)], and if the
533     provisions of this section are satisfied, the division and the juvenile court shall give preferential
534     consideration to a relative's or a friend's request for placement of the child, if the placement is
535     in the best interest of the child.
536          [(ii) For purposes of the preferential consideration under Subsection (7)(a)(i), there is a
537     rebuttable presumption that placement of the child with a relative is in the best interest of the
538     child.]
539          (ii) If a relative or friend verbally communicates to the division or court that the
540     relative or friend is interested in becoming a placement for the child, the division or court shall
541     make a written record of the communication and include that written record in the report the
542     division submits at the initial dispositional hearing, a report the division submits under Section
543     80-3-408, or the court's legal file.
544          (b) (i) (A) The preferential consideration that the juvenile court or division initially
545     grants a [relative or] friend under Subsection (7)(a)(i) expires 120 days after the day on which
546     the shelter hearing occurs.
547          [(ii)] (B) After the day on which the time period described in Subsection [(7)(b)(i)]
548     (7)(b)(i)(A) expires, the division or the juvenile court may not grant preferential consideration
549     to a [relative or] friend, who has not obtained custody or asserted an interest in the child.
550          (ii) (A) Until eight months after the day on which the shelter hearing occurs, the
551     preferential consideration that the juvenile court or division grants a relative under Subsection
552     (7)(a)(i) is a rebuttable presumption that placement of the child with a relative is in the best
553     interest of the child.
554          (B) After the rebuttable presumption described in Subsection (7)(b)(ii)(A) expires, the
555     juvenile court or division shall give preferential consideration to a relative's request for
556     placement of the child, if the placement is in the best interest of the child considering the
557     totality of the circumstances.
558          (C) If a relative asserts an interest in becoming a placement for the child more than one
559     year after the day on which the shelter hearing occurs, the juvenile court may not give the
560     relative the preferential consideration described in Subsection (7)(b)(ii)(B).
561          [(c) (i) The preferential consideration that the juvenile court initially grants a natural
562     parent under Subsection (2) is limited after 120 days after the day on which the shelter hearing
563     occurs.]
564          [(ii) After the time period described in Subsection (7)(c)(i), the juvenile court shall
565     base the juvenile court's custody decision on the best interest of the child.]
566          [(d)] (c) [Before the day on which the time period described in Subsection (7)(c)(i)
567     expires, the] The following order of preference shall be applied when determining the
568     individual with whom a child will be placed, provided that the individual is willing and able to
569     care for the child:
570          (i) a noncustodial parent of the child;
571          (ii) a relative of the child;
572          (iii) subject to Subsection [(7)(e)] (7)(d), a friend if the friend is a licensed foster
573     parent; and
574          (iv) other placements that are consistent with the requirements of law.
575          [(e)] (d) In determining whether a friend is a willing, able, and appropriate placement
576     for a child, the juvenile court or the division:
577          (i) subject to Subsections [(7)(e)(ii)] (7)(d)(ii) through (iv), shall consider the child's
578     preferences or level of comfort with the friend;
579          (ii) is required to consider no more than one friend designated by each parent of the
580     child and one friend designated by the child if the child is of sufficient maturity to articulate the
581     child's wishes in relation to a placement;
582          (iii) may limit the number of designated friends to two, one of whom shall be a friend
583     designated by the child if the child is of sufficient maturity to articulate the child's wishes in
584     relation to a placement; and
585          (iv) shall give preference to a friend designated by the child if:
586          (A) the child is of sufficient maturity to articulate the child's wishes; and
587          (B) the basis for removing the child under Section 80-3-301 is sexual abuse of the
588     child.
589          [(f)] (e) (i) If a parent of the child or the child, if the child is of sufficient maturity to
590     articulate the child's wishes in relation to a placement, is not able to designate a friend who is a
591     licensed foster parent for placement of the child, but is able to identify a friend who is willing
592     to become licensed as a foster parent, the department shall fully cooperate to expedite the
593     licensing process for the friend.
594          (ii) If the friend described in Subsection [(7)(f)(i)] (7)(e)(i) becomes licensed as a foster
595     parent within the time frame described in Subsection (7)(b)(i), the juvenile court shall
596     determine whether it is in the best interest of the child to place the child with the friend.
597          (8) (a) If a relative or friend who is willing to cooperate with the child's permanency
598     goal is identified under Subsection (6)(a), the juvenile court:
599          (i) shall make a specific finding regarding:
600          (A) the fitness of that relative or friend as a placement for the child; and
601          (B) the safety and appropriateness of placement with the relative or friend; and
602          (ii) may not consider a request for guardianship or adoption of the child by an
603     individual who is not a relative of the child, or prevent the division from placing the child in
604     the custody of a relative of the child in accordance with this part, until after the day on which
605     the juvenile court makes the findings under Subsection (8)(a)(i).
606          (b) In making the finding described in Subsection (8)(a), the juvenile court shall, at a
607     minimum, order the division to:
608          (i) if the child may be placed with a relative, conduct a background check that includes:
609          (A) completion of a nonfingerprint-based, Utah Bureau of Criminal Identification
610     background check of the relative;
611          (B) a completed search, relating to the relative, of the Management Information
612     System; and
613          (C) a background check that complies with the criminal background check provisions
614     described in Section 80-3-305, of each nonrelative of the child who resides in the household
615     where the child may be placed;
616          (ii) if the child will be placed with a noncustodial parent, complete a background check
617     that includes:
618          (A) the background check requirements applicable to an emergency placement with a
619     noncustodial parent that are described in Subsections 80-2a-301(4) and (6);
620          (B) a completed search, relating to the noncustodial parent of the child, of the
621     Management Information System; and
622          (C) a background check that complies with the criminal background check provisions
623     described in Section 80-3-305, of each nonrelative of the child who resides in the household
624     where the child may be placed;
625          (iii) if the child may be placed with an individual other than a noncustodial parent or a
626     relative, conduct a criminal background check of the individual, and each adult that resides in
627     the household where the child may be placed, that complies with the criminal background
628     check provisions described in Section 80-3-305;
629          (iv) visit the relative's or friend's home;
630          (v) check the Management Information System for any previous reports of abuse or
631     neglect regarding the relative or friend at issue;
632          (vi) report the division's findings in writing to the juvenile court; and
633          (vii) provide sufficient information so that the juvenile court may determine whether:
634          (A) the relative or friend has any history of abusive or neglectful behavior toward other
635     children that may indicate or present a danger to this child;
636          (B) the child is comfortable with the relative or friend;
637          (C) the relative or friend recognizes the parent's history of abuse and is committed to
638     protect the child;
639          (D) the relative or friend is strong enough to resist inappropriate requests by the parent
640     for access to the child, in accordance with court orders;
641          (E) the relative or friend is committed to caring for the child as long as necessary; and
642          (F) the relative or friend can provide a secure and stable environment for the child.
643          (c) The division may determine to conduct, or the juvenile court may order the division
644     to conduct, any further investigation regarding the safety and appropriateness of the placement
645     described in Subsection (8)(a).
646          (d) The division shall complete and file the division's assessment regarding placement
647     with a relative or friend under Subsections (8)(a) and (b) as soon as practicable, in an effort to
648     facilitate placement of the child with a relative or friend.
649          (9) (a) The juvenile court may place a child described in Subsection (2)(a) in the
650     temporary custody of the division, pending the division's investigation under Subsection (8),
651     and the juvenile court's determination regarding the appropriateness of the placement.
652          (b) The juvenile court shall ultimately base the juvenile court's determination regarding
653     the appropriateness of a placement with a relative or friend on the best interest of the child.
654          (10) If a juvenile court places a child described in Subsection (6) with the child's
655     relative or friend:
656          (a) the juvenile court shall:
657          (i) order the relative or friend take custody, subject to the continuing supervision of the
658     juvenile court;
659          (ii) provide for reasonable parent-time with the parent or parents from whose custody
660     the child is removed, unless parent-time is not in the best interest of the child; and
661          (iii) conduct a periodic review no less often than every six months, to determine
662     whether:
663          (A) placement with a relative or friend continues to be in the child's best interest;
664          (B) the child should be returned home; or
665          (C) the child should be placed in the custody of the division;
666          (b) the juvenile court may enter an order:
667          (i) requiring the division to provide necessary services to the child and the child's
668     relative or friend, including the monitoring of the child's safety and well-being; or
669          (ii) that the juvenile court considers necessary for the protection and best interest of the
670     child; and
671          (c) the child and the relative or friend in whose custody the child is placed are under
672     the continuing jurisdiction of the juvenile court[;].
673          (11) No later than 12 months after the day on which the child is removed from the
674     home, the juvenile court shall schedule a hearing for the purpose of entering a permanent order
675     in accordance with the best interest of the child.
676          (12) The time limitations described in Section 80-3-406, with regard to reunification
677     efforts, apply to a child placed with a previously noncustodial parent under Subsection (2) or
678     with a relative or friend under Subsection (6).
679          (13) (a) If the juvenile court awards temporary custody of a child to the division, and
680     the division places the child with a relative, the division shall:
681          (i) conduct a criminal background check of the relative that complies with the criminal
682     background check provisions described in Section 80-3-305; and
683          (ii) if the results of the criminal background check described in Subsection (13)(a)(i)
684     would prohibit the relative from having direct access to the child under Section 62A-2-120, the
685     division shall:
686          (A) take the child into physical custody; and
687          (B) within three days, excluding weekends and holidays, after the day on which the
688     child is taken into physical custody under Subsection (13)(a)(ii)(A), give written notice to the
689     juvenile court, and all parties to the proceedings, of the division's action.
690          (b) Subsection (13)(a) does not prohibit the division from placing a child with a
691     relative, pending the results of the background check described in Subsection (13)(a) on the
692     relative.
693          (14) If the juvenile court orders that a child be removed from the custody of the child's
694     parent and does not award custody and guardianship to another parent, relative, or friend under
695     this section, the juvenile court shall order that the child be placed in the temporary custody of
696     the division, to proceed to adjudication and disposition and to be provided with care and
697     services in accordance with this chapter, Chapter 2, Child Welfare Services, and Chapter 2a,
698     Removal and Protective Custody of a Child.
699          (15) (a) If a child reenters the temporary custody or the custody of the division and [is
700     placed in foster care,] the child is not placed with an individual who is a parent, relative, or
701     friend, the division shall:
702          (i) notify the child's former foster parents; and
703          (ii) upon a determination of the former foster parents' willingness and ability to safely
704     and appropriately care for the child, give the former foster parents preference for placement of
705     the child.
706          (b) If, after the shelter hearing, the child is placed with an individual who is not a
707     parent, a relative, a friend, or a former foster parent of the child, priority shall be given to a
708     foster placement with a married couple, unless it is in the best interests of the child to place the
709     child with a single foster parent.
710          (16) In determining the placement of a child, the juvenile court and the division may
711     not take into account, or discriminate against, the religion of an individual with whom the child
712     may be placed, unless the purpose of taking religion into account is to place the child with an
713     individual or family of the same religion as the child.
714          (17) If the juvenile court's decision differs from a child's express wishes if the child is
715     of sufficient maturity to articulate the wishes in relation to the child's placement, the juvenile
716     court shall make findings explaining why the juvenile court's decision differs from the child's
717     wishes.
718          (18) This section does not guarantee that an identified relative or friend will receive
719     custody of the child.
720          (19) (a) If, for a relative placement, an interstate placement requested under the
721     Interstate Compact on the Placement of Children has been initiated by the division or is ordered
722     by or pending before the juvenile court, the court may not finalize a non-relative placement
723     unless the court gives due weight to:
724          (i) the preferential consideration granted to a relative in Section 80-3-302;
725          (ii) the rebuttable presumption in Section 80-3-302; and
726          (iii) the division's placement authority under Subsections 80-1-102(50) and
727     80-3-303(1).
728          (b) Nothing in this section affects the ability of a foster parent to petition the juvenile
729     court under Subsection 80-3-502(3).
730          Section 7. Section 80-3-303 is amended to read:
731          80-3-303. Post-shelter hearing placement of a child in division's temporary
732     custody.
733          (1) If the juvenile court awards temporary custody of a child to the division under
734     Section 80-3-302, or as otherwise permitted by law, the division shall determine ongoing
735     placement of the child.
736          (2) In placing a child under Subsection (1), the division:
737          (a) except as provided in Subsections (2)(b) and (e), shall comply with the applicable
738     background check provisions described in Section 80-3-302;
739          (b) is not required to receive approval from the juvenile court before making the
740     placement;
741          (c) shall consider the preferential consideration and rebuttable presumption described
742     in Subsection 80-3-302(7)(a);
743          (d) shall, within three days, excluding weekends and holidays, after the day on which
744     the placement is made, give written notice to the juvenile court, and the parties to the
745     proceedings, that the placement has been made;
746          (e) may place the child with a noncustodial parent, relative, or friend, using the same
747     criteria established for an emergency placement under Section 80-2a-301, pending the results
748     of:
749          (i) the background check described in Subsection 80-3-302(13)(a); and
750          (ii) evaluation with the noncustodial parent, relative, or friend to determine the
751     individual's capacity to provide ongoing care to the child; and
752          (f) shall take into consideration the will of the child, if the child is of sufficient
753     maturity to articulate the child's wishes in relation to the child's placement.
754          (3) If the division's placement decision differs from a child's express wishes and the
755     child is of sufficient maturity to state the child's wishes in relation to the child's placement, the
756     division shall:
757          (a) make written findings explaining why the division's decision differs from the child's
758     wishes; and
759          (b) provide the written findings to the juvenile court and the child's attorney guardian
760     ad litem.
761          (4) (a) If, for a relative placement, an interstate placement requested under the
762     Interstate Compact on the Placement of Children has been initiated by the division or is ordered
763     by or pending before the juvenile court, the court may not finalize a non-relative placement
764     unless the court gives due weight to:
765          (i) the preferential consideration granted to a relative in Section 80-3-302;
766          (ii) the rebuttable presumption in Section 80-3-302; and
767          (iii) the division's placement authority under Subsections 80-1-102(50) and
768     80-3-303(1).
769          (b) Nothing in this section affects the ability of a foster parent to petition the juvenile
770     court under Subsection 80-3-502(3).
771          Section 8. Section 80-3-307 is amended to read:
772          80-3-307. Child and family plan developed by division -- Parent-time and relative
773     visitation.
774          (1) The division shall develop and finalize a child's child and family plan no more than
775     45 days after the day on which the child enters the temporary custody of the division.
776          (2) (a) The division may use an interdisciplinary team approach in developing a child
777     and family plan.
778          (b) The interdisciplinary team described in Subsection (2)(a) may include
779     representatives from the following fields:
780          (i) mental health;
781          (ii) education; or
782          (iii) if appropriate, law enforcement.
783          (3) (a) The division shall involve all of the following in the development of a child's
784     child and family plan:
785          (i) both of the child's natural parents, unless the whereabouts of a parent are unknown;
786          (ii) the child;
787          (iii) the child's foster parents; and
788          (iv) if appropriate, the child's stepparent.
789          (b) Subsection (3)(a) does not prohibit any other party not listed in Subsection (3)(a) or
790     a party's counsel from being involved in the development of a child's child and family plan if
791     the party or counsel's participation is otherwise permitted by law.
792          (c) In relation to all information considered by the division in developing a child and
793     family plan, the division shall give additional weight and attention to the input of the child's
794     natural and foster parents upon the involvement of the child's natural and foster parents under
795     Subsections (3)(a)(i) and (iii).
796          (d) (i) The division shall make a substantial effort to develop a child and family plan
797     with which the child's parents agree.
798          (ii) If a parent does not agree with a child and family plan:
799          (A) the division shall strive to resolve the disagreement between the division and the
800     parent; and
801          (B) if the disagreement is not resolved, the division shall inform the court of the
802     disagreement.
803          (4) A copy of the child and family plan shall, immediately upon completion, or as soon
804     as reasonably possible thereafter, be provided to:
805          (a) the guardian ad litem;
806          (b) the child's natural parents; and
807          (c) the child's foster parents.
808          (5) A child and family plan shall:
809          (a) specifically provide for the safety of the child, in accordance with federal law;
810          (b) clearly define what actions or precautions will, or may be, necessary to provide for
811     the health, safety, protection, and welfare of the child;
812          (c) be specific to each child and the child's family, rather than general;
813          (d) include individualized expectations and contain specific time frames;
814          (e) except as provided in Subsection (6), address problems that:
815          (i) keep a child in the child's placement; and
816          (ii) keep a child from achieving permanence in the child's life;
817          (f) be designed to:
818          (i) minimize disruption to the normal activities of the child's family, including
819     employment and school; and
820          (ii) as much as practicable, help the child's parent maintain or obtain employment; and
821          (g) set forth, with specificity, at least the following:
822          (i) the reason the child entered into protective custody or the division's temporary
823     custody or custody;
824          (ii) documentation of:
825          (A) the reasonable efforts made to prevent placement of the child in protective custody
826     or the division's temporary custody or custody; or
827          (B) the emergency situation that existed and that prevented the reasonable efforts
828     described in Subsection (5)(g)(ii)(A), from being made;
829          (iii) the primary permanency plan for the child, as described in Section 80-3-406, and
830     the reason for selection of the plan;
831          (iv) the concurrent permanency plan for the child, as described in Section 80-3-406,
832     and the reason for the selection of the plan;
833          (v) if the plan is for the child to return to the child's family:
834          (A) specifically what the parents must do in order to enable the child to be returned
835     home;
836          (B) specifically how the requirements described in Subsection (5)(g)(v)(A) may be
837     accomplished; and
838          (C) how the requirements described in Subsection (5)(g)(v)(A) will be measured;
839          (vi) the specific services needed to reduce the problems that necessitated placing the
840     child in protective custody or the division's temporary custody or custody;
841          (vii) the name of the individual who will provide for and be responsible for case
842     management for the division;
843          (viii) subject to Subsection (10), a parent-time schedule between the natural parent and
844     the child;
845          (ix) subject to Subsection (7), the health and mental health care to be provided to
846     address any known or diagnosed mental health needs of the child;
847          (x) if residential treatment rather than a foster home is the proposed placement, a
848     requirement for a specialized assessment of the child's health needs including an assessment of
849     mental illness and behavior and conduct disorders;
850          (xi) social summaries that include case history information pertinent to case planning;
851     and
852          (xii) subject to Subsection (12), a sibling visitation schedule.
853          (6) For purposes of Subsection (5)(e), a child and family plan may only include
854     requirements that:
855          (a) address findings made by the court; or
856          (b) (i) are requested or consented to by a parent or guardian of the child; and
857          (ii) are agreed to by the division and the guardian ad litem.
858          (7) (a) Subject to Subsection (7)(b), in addition to the information required under
859     Subsection (5)(g)(ix), a child and family plan shall include a specialized assessment of the
860     medical and mental health needs of a child, if the child:
861          (i) is placed in residential treatment; and
862          (ii) has medical or mental health issues that need to be addressed.
863          (b) Notwithstanding Subsection (7)(a), a parent shall retain the right to seek a separate
864     medical or mental health diagnosis of the parent's child from a licensed practitioner of the
865     parent's choice.
866          (8) (a) The division shall train the division's employees to develop child and family
867     plans that comply with:
868          (i) federal mandates; and
869          (ii) the specific needs of the particular child and the child's family.
870          (b) The child's natural parents, foster parents, and if appropriate, stepparents, shall be
871     kept informed of and supported to participate in important meetings and procedures related to
872     the child's placement.
873          [(9) (a) Except as provided in Subsection (9)(b), with regard to a child who is three
874     years old or younger, if the child and family plan is not to return the child home, the primary
875     permanency plan described in Section 80-3-406 for the child shall be adoption.]
876          [(b) Notwithstanding Subsection (9)(a), if]
877          (9) If the division documents to the court that there is a compelling reason that
878     adoption, reunification, guardianship, and a placement described in Subsection 80-3-301(6)(e)
879     are not in the child's best interest, the court may order another planned permanent living
880     arrangement in accordance with federal law.
881          (10) (a) Except as provided in Subsection (10)(b), parent-time may only be denied by a
882     court order issued in accordance with Subsection 80-3-406(9).
883          (b) Notwithstanding Subsection (10)(a), the person designated by the division or a
884     court to supervise a parent-time session may deny parent-time for the session if the supervising
885     person determines that, based on the parent's condition, it is necessary to deny parent-time to:
886          (i) protect the physical safety of the child;
887          (ii) protect the life of the child; or
888          (iii) consistent with Subsection (10)(c), prevent the child from being traumatized by
889     contact with the parent.
890          (c) In determining whether the condition of the parent described in Subsection (10)(b)
891     will traumatize a child, the person supervising the parent-time session shall consider the impact
892     that the parent's condition will have on the child in light of:
893          (i) the child's fear of the parent; and
894          (ii) the nature of the alleged abuse or neglect.
895          (11) If a child is in the division's temporary custody or custody, the division shall
896     consider visitation with the child's grandparent if:
897          (a) the division determines the visitation to be in the best interest of the child;
898          (b) there are no safety concerns regarding the behavior or criminal background of the
899     grandparent;
900          (c) allowing the grandparent visitation would not compete with or undermine the
901     child's reunification plan;
902          (d) there is a substantial relationship between the grandparent and child; and
903          (e) the grandparent visitation will not unduly burden the foster parents.
904          (12) (a) The division shall incorporate into the child and family plan reasonable efforts
905     to provide sibling visitation if:
906          (i) siblings are separated due to foster care or adoptive placement;
907          (ii) the sibling visitation is in the best interest of the child for whom the child and
908     family plan is developed; and
909          (iii) the division has consent for sibling visitation from the guardian of the sibling.
910          (b) The division shall obtain consent for sibling visitation from the sibling's guardian if
911     the criteria of Subsections (12)(a)(i) and (ii) are met.
912          Section 9. Section 80-3-405 is amended to read:
913          80-3-405. Dispositions after adjudication.
914          (1) [(a)] Upon adjudication under Subsection 80-3-402(1), the juvenile court may make
915     the dispositions described in Subsection (2) at the dispositional hearing.
916          (2) (a) (i) The juvenile court may vest custody of an abused, neglected, or dependent
917     minor in the division or any other appropriate person, with or without court-specified child
918     welfare services, in accordance with the requirements and procedures of this chapter.
919          (ii) When placing a minor in the custody of the division or any other appropriate
920     person, the juvenile court:
921          (A) shall give primary consideration to the welfare of the minor;
922          (B) shall give due consideration to the rights of the parent or parents concerning the
923     minor; and
924          (C) when practicable, may take into consideration the religious preferences of the
925     minor and of the minor's parents or guardian.
926          (b) (i) The juvenile court may appoint a guardian for the minor if it appears necessary
927     in the interest of the minor.
928          (ii) A guardian appointed under Subsection (2)(b)(i) may be a public or private
929     institution or agency, but not a nonsecure residential placement provider, in which legal
930     custody of the minor is vested.
931          (iii) When placing a minor under the guardianship of an individual or of a private
932     agency or institution, the juvenile court:
933          (A) shall give primary consideration to the welfare of the minor; and
934          (B) when practicable, may take into consideration the religious preferences of the
935     minor and of the minor's parents or guardian.
936          (c) The juvenile court may order:
937          (i) protective supervision;
938          (ii) family preservation;
939          (iii) sibling visitation; or
940          (iv) other services.
941          (d) (i) If a minor has been placed with an individual or relative as a result of an
942     adjudication under this chapter, the juvenile court may enter an order of permanent legal
943     custody and guardianship with the individual or relative of the minor.
944          (ii) If a juvenile court enters an order of permanent custody and guardianship with an
945     individual or relative of a minor under Subsection (2)(d)(i), the juvenile court may, in
946     accordance with Section 78A-6-356, enter an order for child support on behalf of the minor
947     against the natural parents of the minor.
948          (iii) An order under this Subsection (2)(d):
949          (A) shall remain in effect until the minor is 18 years old;
950          (B) is not subject to review under Section 78A-6-358; and
951          (C) may be modified by petition or motion as provided in Section 78A-6-357.
952          (e) The juvenile court may order a child be committed to the physical custody, as
953     defined in Section 62A-15-701, of a local mental health authority, in accordance with the
954     procedures and requirements of Title 62A, Chapter 15, Part 7, Commitment of Persons Under
955     Age 18 to Division of Substance Abuse and Mental Health.
956          (f) (i) If the child has an intellectual disability, the juvenile court may make an order
957     committing a minor to the Utah State Developmental Center in accordance with Title 62A,
958     Chapter 5, Part 3, Admission to an Intermediate Care Facility for People with an Intellectual
959     Disability.
960          (ii) The juvenile court shall follow the procedure applicable in the district court with
961     respect to judicial commitments to the Utah State Developmental Center when ordering a
962     commitment under Subsection (2)(f)(i).
963          (g) (i) Subject to Subsection 80-1-102(58)(b) and Section 80-3-304, the juvenile court
964     may order that a minor:
965          (A) be examined or treated by a mental health therapist, as described in Section
966     80-3-109; or
967          (B) receive other special care.
968          (ii) For purposes of receiving the examination, treatment, or care described in
969     Subsection (2)(g)(i), the juvenile court may place the minor in a hospital or other suitable
970     facility that is not secure care or secure detention.
971          (iii) In determining whether to order the examination, treatment, or care described in
972     Subsection (2)(g)(i), the juvenile court shall consider:
973          (A) the desires of the minor;
974          (B) the desires of the parent or guardian of the minor if the minor is younger than 18
975     years old; and
976          (C) whether the potential benefits of the examination, treatment, or care outweigh the
977     potential risks and side-effects, including behavioral disturbances, suicidal ideation, brain
978     function impairment, or emotional or physical harm resulting from the compulsory nature of
979     the examination, treatment, or care.
980          (h) The juvenile court may make other reasonable orders for the best interest of the
981     minor.
982          (3) Upon an adjudication under this chapter, the juvenile court may not:
983          (a) commit a minor solely on the ground of abuse, neglect, or dependency to the
984     Division of Juvenile Justice Services;
985          (b) assume the function of developing foster home services; or
986          (c) vest legal custody of an abused, neglected, or dependent minor in the division to
987     primarily address the minor's ungovernable or other behavior, mental health, or disability,
988     unless the division:
989          (i) engages other relevant divisions within the department that are conducting an
990     assessment of the minor and the minor's family's needs;
991          (ii) based on the assessment described in Subsection (3)(c)(i), determines that vesting
992     custody of the minor in the division is the least restrictive intervention for the minor that meets
993     the minor's needs; and
994          (iii) consents to legal custody of the minor being vested in the division.
995          (4) The juvenile court may combine the dispositions listed in Subsection (2) if
996     combining the dispositions is permissible and the dispositions are compatible.
997          (5) (a) If, for a relative placement, an interstate placement requested under the
998     Interstate Compact on the Placement of Children has been initiated by the division or is ordered
999     by or pending before the juvenile court, the court may not finalize a non-relative placement
1000     unless the court gives due weight to:
1001          (i) the preferential consideration granted to a relative in Section 80-3-302;
1002          (ii) the rebuttable presumption in Section 80-3-302; and
1003          (iii) the division's placement authority under Subsections 80-1-102(50) and
1004     80-3-303(1).
1005          (b) Nothing in this section affects the ability of a foster parent to petition the juvenile
1006     court under Subsection 80-3-502(3).
1007          Section 10. Section 80-3-407 is amended to read:
1008          80-3-407. Six-month review hearing -- Findings regarding reasonable efforts by
1009     division -- Findings regarding child and family plan compliance.
1010               (1) If reunification efforts have been ordered by the juvenile court under
1011     Section 80-3-406, the juvenile court shall hold a hearing no more than six months after the day
1012     on which the minor is initially removed from the minor's home, in order for the juvenile court
1013     to determine whether:
1014          [(1)] (a) the division has provided and is providing reasonable efforts to reunify the
1015     family in accordance with the child and family plan;
1016          [(2)] (b) the parent has fulfilled or is fulfilling identified duties and responsibilities in
1017     order to comply with the requirements of the child and family plan; and
1018          [(3)] (c) the division considered the preferential consideration and rebuttable
1019     presumption described in Subsections 80-3-302(7)(a) and 80-3-303(2)(c).
1020          (2) (a) If, for a relative placement, an interstate placement requested under the
1021     Interstate Compact on the Placement of Children has been initiated by the division or is ordered
1022     by or pending before the juvenile court, the court may not finalize a non-relative placement
1023     unless the court gives due weight to:
1024          (i) the preferential consideration granted to a relative in Section 80-3-302;
1025          (ii) the rebuttable presumption in Section 80-3-302; and
1026          (iii) the division's placement authority under Subsections 80-1-102(50) and
1027     80-3-303(1).
1028          (b) Nothing in this section affects the ability of a foster parent to petition the juvenile
1029     court under Subsection 80-3-502(3).
1030          Section 11. Section 80-3-409 is amended to read:
1031          80-3-409. Permanency hearing -- Final plan -- Petition for termination of
1032     parental rights filed -- Hearing on termination of parental rights.
1033          (1) (a) If reunification services are ordered under Section 80-3-406, with regard to a
1034     minor who is in the custody of the division, the juvenile court shall hold a permanency hearing
1035     no later than 12 months after the day on which the minor is initially removed from the minor's
1036     home.
1037          (b) If reunification services are not ordered at the dispositional hearing, the juvenile
1038     court shall hold a permanency hearing within 30 days after the day on which the dispositional
1039     hearing ends.
1040          (2) (a) If reunification services are ordered in accordance with Section 80-3-406, the
1041     juvenile court shall, at the permanency hearing, determine, consistent with Subsection (3),
1042     whether the minor may safely be returned to the custody of the minor's parent.
1043          (b) If the juvenile court finds, by a preponderance of the evidence, that return of the
1044     minor to the minor's parent would create a substantial risk of detriment to the minor's physical
1045     or emotional well-being, the minor may not be returned to the custody of the minor's parent.
1046          (c) Prima facie evidence that return of the minor to a parent or guardian would create a
1047     substantial risk of detriment to the minor is established if:
1048          (i) the parent or guardian fails to:
1049          (A) participate in a court approved child and family plan;
1050          (B) comply with a court approved child and family plan in whole or in part; or
1051          (C) meet the goals of a court approved child and family plan; or
1052          (ii) the minor's natural parent:
1053          (A) intentionally, knowingly, or recklessly causes the death of another parent of the
1054     minor;
1055          (B) is identified by a law enforcement agency as the primary suspect in an investigation
1056     for intentionally, knowingly, or recklessly causing the death of another parent of the minor; or
1057          (C) is being prosecuted for or has been convicted of intentionally, knowingly, or
1058     recklessly causing the death of another parent of the minor.
1059          (3) In making a determination under Subsection (2)(a), the juvenile court shall:
1060          (a) review and consider:
1061          (i) the report prepared by the division;
1062          (ii) in accordance with the Utah Rules of Evidence, any admissible evidence offered by
1063     the minor's attorney guardian ad litem;
1064          (iii) any report submitted by the division under Subsection 80-3-408(3)(a)(i);
1065          (iv) any evidence regarding the efforts or progress demonstrated by the parent; and
1066          (v) the extent to which the parent cooperated and used the services provided; and
1067          (b) attempt to keep the minor's sibling group together if keeping the sibling group
1068     together is:
1069          (i) practicable; and
1070          (ii) in accordance with the best interest of the minor.
1071          (4) With regard to a case where reunification services are ordered by the juvenile court,
1072     if a minor is not returned to the minor's parent or guardian at the permanency hearing, the
1073     juvenile court shall, unless the time for the provision of reunification services is extended
1074     under Subsection (7):
1075          (a) order termination of reunification services to the parent;
1076          (b) make a final determination regarding whether termination of parental rights,
1077     adoption, or permanent custody and guardianship is the most appropriate final plan for the
1078     minor, taking into account the minor's primary permanency plan established by the juvenile
1079     court under Section 80-3-406; and
1080          (c) in accordance with Subsection 80-3-406(2), establish a concurrent permanency plan
1081     that identifies the second most appropriate final plan for the minor, if appropriate.
1082          (5) The juvenile court may order another planned permanent living arrangement other
1083     than reunification for a minor who is 16 years old or older upon entering the following
1084     findings:
1085          (a) the division has documented intensive, ongoing, and unsuccessful efforts to reunify
1086     the minor with the minor's parent or parents, or to secure a placement for the minor with a
1087     guardian, an adoptive parent, or an individual described in Subsection 80-3-301(6)(e);
1088          (b) the division has demonstrated that the division has made efforts to normalize the
1089     life of the minor while in the division's custody, in accordance with Section 80-2-308;
1090          (c) the minor prefers another planned permanent living arrangement; and
1091          (d) there is a compelling reason why reunification or a placement described in
1092     Subsection (5)(a) is not in the minor's best interest.
1093          (6) Except as provided in Subsection (7), the juvenile court may not extend
1094     reunification services beyond 12 months after the day on which the minor is initially removed
1095     from the minor's home, in accordance with the provisions of Section 80-3-406.
1096          (7) (a) Subject to Subsection (7)(b), the juvenile court may extend reunification
1097     services for no more than 90 days if the juvenile court finds, beyond a preponderance of the
1098     evidence, that:
1099          (i) there has been substantial compliance with the child and family plan;
1100          (ii) reunification is probable within that 90-day period; and
1101          (iii) the extension is in the best interest of the minor.
1102          (b) (i) Except as provided in Subsection (7)(c), the juvenile court may not extend any
1103     reunification services beyond 15 months after the day on which the minor is initially removed
1104     from the minor's home.
1105          (ii) Delay or failure of a parent to establish paternity or seek custody does not provide a
1106     basis for the juvenile court to extend services for the parent beyond the 12-month period
1107     described in Subsection (6).
1108          (c) In accordance with Subsection (7)(d), the juvenile court may extend reunification
1109     services for one additional 90-day period, beyond the 90-day period described in Subsection
1110     (7)(a), if:
1111          (i) the juvenile court finds, by clear and convincing evidence, that:
1112          (A) the parent has substantially complied with the child and family plan;
1113          (B) it is likely that reunification will occur within the additional 90-day period; and
1114          (C) the extension is in the best interest of the minor;
1115          (ii) the juvenile court specifies the facts upon which the findings described in
1116     Subsection (7)(c)(i) are based; and
1117          (iii) the juvenile court specifies the time period in which it is likely that reunification
1118     will occur.
1119          (d) A juvenile court may not extend the time period for reunification services without
1120     complying with the requirements of this Subsection (7) before the extension.
1121          (e) In determining whether to extend reunification services for a minor, a juvenile court
1122     shall take into consideration the status of the minor siblings of the minor.
1123          (8) The juvenile court may, in the juvenile court's discretion:
1124          (a) enter any additional order that the juvenile court determines to be in the best
1125     interest of the minor, so long as that order does not conflict with the requirements and
1126     provisions of Subsections (4) through (7); or
1127          (b) order the division to provide protective supervision or other services to a minor and
1128     the minor's family after the division's custody of a minor is terminated.
1129          (9) (a) If the final plan for the minor is to proceed toward termination of parental
1130     rights, the petition for termination of parental rights shall be filed, and a pretrial held, within 45
1131     calendar days after the day on which the permanency hearing is held.
1132          (b) If the division opposes the plan to terminate parental rights, the juvenile court may
1133     not require the division to file a petition for the termination of parental rights, except as
1134     required under Subsection 80-4-203(2).
1135          (10) (a) Any party to an action may, at any time, petition the juvenile court for an
1136     expedited permanency hearing on the basis that continuation of reunification efforts are
1137     inconsistent with the permanency needs of the minor.
1138          (b) If the juvenile court so determines, the juvenile court shall order, in accordance
1139     with federal law, that:
1140          (i) the minor be placed in accordance with the permanency plan; and
1141          (ii) whatever steps are necessary to finalize the permanent placement of the minor be
1142     completed as quickly as possible.
1143          (11) Nothing in this section may be construed to:
1144          (a) entitle any parent to reunification services for any specified period of time;
1145          (b) limit a juvenile court's ability to terminate reunification services at any time before
1146     a permanency hearing; or
1147          (c) limit or prohibit the filing of a petition for termination of parental rights by any
1148     party, or a hearing on termination of parental rights, at any time before a permanency hearing
1149     provided that relative placement and custody options have been fairly considered in accordance
1150     with Sections 80-2a-201 and 80-4-104.
1151          (12) (a) Subject to Subsection (12)(b), if a petition for termination of parental rights is
1152     filed before the date scheduled for a permanency hearing, the juvenile court may consolidate
1153     the hearing on termination of parental rights with the permanency hearing.
1154          (b) For purposes of Subsection (12)(a), if the juvenile court consolidates the hearing on
1155     termination of parental rights with the permanency hearing:
1156          (i) the juvenile court shall first make a finding regarding whether reasonable efforts
1157     have been made by the division to finalize the permanency plan for the minor; and
1158          (ii) any reunification services shall be terminated in accordance with the time lines
1159     described in Section 80-3-406.
1160          (c) The juvenile court shall make a decision on a petition for termination of parental
1161     rights within 18 months after the day on which the minor is initially removed from the minor's
1162     home.
1163          (13) (a) If a juvenile court determines that a minor will not be returned to a parent of
1164     the minor, the juvenile court shall consider appropriate placement options inside and outside of
1165     the state.
1166          (b) In considering appropriate placement options under Subsection (13)(a), the juvenile
1167     court shall provide preferential consideration to a relative's request for placement of the minor.
1168          (14) (a) In accordance with Section 80-3-108, if a minor 14 years old or older desires
1169     an opportunity to address the juvenile court or testify regarding permanency or placement, the
1170     juvenile court shall give the minor's wishes added weight, but may not treat the minor's wishes
1171     as the single controlling factor under this section.
1172          (b) If the juvenile court's decision under this section differs from a minor's express
1173     wishes if the minor is of sufficient maturity to articulate the wishes in relation to permanency
1174     or the minor's placement, the juvenile court shall make findings explaining why the juvenile
1175     court's decision differs from the minor's wishes.
1176          (15) (a) If, for a relative placement, an interstate placement requested under the
1177     Interstate Compact on the Placement of Children has been initiated by the division or is ordered
1178     by or pending before the juvenile court, the court may not finalize a non-relative placement
1179     unless the court gives due weight to:
1180          (i) the preferential consideration granted to a relative in Section 80-3-302;
1181          (ii) the rebuttable presumption in Section 80-3-302; and
1182          (iii) the division's placement authority under Subsections 80-1-102(50) and
1183     80-3-303(1).
1184          (b) Nothing in this section affects the ability of a foster parent to petition the juvenile
1185     court under Subsection 80-3-502(3).
1186          Section 12. Repealer.
1187          This bill repeals:
1188          Section 78B-7-112, Division of Child and Family Services -- Development and
1189     assistance of volunteer network.