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7 LONG TITLE
8 General Description:
9 This bill amends provisions regarding the placement of a child.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines terms;
13 ▸ provides that it is the public policy of the state that, with certain conditions:
14 • a parent retains the right to have contact with a child when the child is placed
15 outside of the home; and
16 • a child has the right to have contact with siblings when the child is placed apart
17 from the child's siblings;
18 ▸ directs a juvenile court to make certain findings regarding parent-time;
19 ▸ requires that parent-time be under the least restrictive conditions necessary to
20 protect the child;
21 ▸ removes a provision related to the primary permanency plan for a child who is three
22 years old or younger; and
23 ▸ makes technical and conforming changes.
24 Money Appropriated in this Bill:
25 None
26 Other Special Clauses:
27 None
28 Utah Code Sections Affected:
29 AMENDS:
30 80-2a-201, as renumbered and amended by Laws of Utah 2022, Chapter 334
31 80-3-307, as renumbered and amended by Laws of Utah 2022, Chapter 334
32 80-3-402, as renumbered and amended by Laws of Utah 2021, Chapter 261
33 80-3-405, as last amended by Laws of Utah 2022, Chapter 335
34 80-3-406, as last amended by Laws of Utah 2022, Chapters 287, 334
35 80-3-407, as last amended by Laws of Utah 2022, Chapters 287, 335
36 80-3-409, as last amended by Laws of Utah 2022, Chapters 287, 335
37
38 Be it enacted by the Legislature of the state of Utah:
39 Section 1. Section 80-2a-201 is amended to read:
40 80-2a-201. Rights of parents -- Children's rights -- Interest and responsibility of
41 state.
42 (1) (a) Under both the United States Constitution and the constitution of this state, a
43 parent possesses a fundamental liberty interest in the care, custody, and management of the
44 parent's children. A fundamentally fair process must be provided to parents if the state moves
45 to challenge or interfere with parental rights. A governmental entity must support any actions
46 or allegations made in opposition to the rights and desires of a parent regarding the parent's
47 child by sufficient evidence to satisfy a parent's constitutional entitlement to heightened
48 protection against government interference with the parent's fundamental rights and liberty
49 interests and, concomitantly, the right of the child to be reared by the child's natural parent.
50 (b) The fundamental liberty interest of a parent concerning the care, custody, and
51 management of the parent's child is recognized, protected, and does not cease to exist simply
52 because a parent may fail to be a model parent or because the parent's child is placed in the
53 temporary custody of the state. At all times, a parent retains a vital interest in preventing the
54 irretrievable destruction of family life. Before an adjudication of unfitness, government action
55 in relation to a parent and the parent's child may not exceed the least restrictive means or
56 alternatives available to accomplish a compelling state interest. Until the state proves parental
57 unfitness, and the child suffers, or is substantially likely to suffer, serious detriment as a result,
58 the child and the child's parent share a vital interest in preventing erroneous termination of their
59 natural relationship and the state cannot presume that a child and the child's parent are
60 adversaries.
61 (c) It is in the best interest and welfare of a child to be raised under the care and
62 supervision of the child's natural parents. A child's need for a normal family life in a permanent
63 home, and for positive, nurturing family relationships is usually best met by the child's natural
64 parents. Additionally, the integrity of the family unit and the right of a parent to conceive and
65 raise the parent's child are constitutionally protected. The right of a fit, competent parent to
66 raise the parent's child without undue government interference is a fundamental liberty interest
67 that has long been protected by the laws and Constitution and is a fundamental public policy of
68 this state.
69 (d) The state recognizes that:
70 (i) a parent has the right, obligation, responsibility, and authority to raise, manage,
71 train, educate, provide and care for, and reasonably discipline the parent's child; and
72 (ii) the state's role is secondary and supportive to the primary role of a parent.
73 (e) It is the public policy of this state that:
74 (i) a parent retains the fundamental right and duty to exercise primary control over the
75 care, supervision, upbringing, and education of the parent's child[
76 (ii) a parent retains the right to have contact with the parent's child when the child is
77 placed outside of the parent's home, and parent-time should be ordered by a court so long as the
78 contact is not contrary to the best interest of the child; and
79 (iii) a child has the right to have contact with the child's sibling when the child is
80 placed outside of the home and apart from the child's sibling, and sibling visits should be
81 ordered by a court unless the contact would be contrary to the safety or well-being of the child.
82 (f) Subsections (2) through (7) shall be interpreted and applied consistent with this
83 Subsection (1).
84 (2) It is also the public policy of this state that children have the right to protection
85 from abuse and neglect, and that the state retains a compelling interest in investigating,
86 prosecuting, and punishing abuse and neglect. Therefore, the state, as parens patriae, has an
87 interest in and responsibility to protect a child whose parent abuses the child or does not
88 adequately provide for the child's welfare. There may be circumstances where a parent's
89 conduct or condition is a substantial departure from the norm and the parent is unable or
90 unwilling to render safe and proper parental care and protection. Under those circumstances,
91 the state may take action for the welfare and protection of the parent's child.
92 (3) When the division intervenes on behalf of an abused, neglected, or dependent child,
93 the division shall take into account the child's need for protection from immediate harm and the
94 extent to which the child's extended family may provide needed protection. Throughout the
95 division's involvement, the division shall utilize the least intrusive and least restrictive means
96 available to protect a child, in an effort to ensure that children are brought up in stable,
97 permanent families, rather than in temporary foster placements under the supervision of the
98 state.
99 (4) If circumstances within the family pose a threat to the child's immediate safety or
100 welfare, the division may seek custody of the child for a planned, temporary period and place
101 the child in a safe environment, subject to the requirements of this section and in accordance
102 with Chapter 3, Abuse, Neglect, and Dependency Proceedings, and when safe and appropriate,
103 return the child to the child's parent or as a last resort, pursue another permanency plan.
104 (5) In determining and making reasonable efforts with regard to a child, under Section
105 80-2a-302, both the division's and the juvenile court's paramount concern shall be the child's
106 health, safety, and welfare. The desires of a parent for the parent's child, and the
107 constitutionally protected rights of a parent, as described in this section, shall be given full and
108 serious consideration by the division and the juvenile court.
109 (6) In accordance with Subsections 80-2a-302(4) and 80-3-301(12), in cases where
110 sexual abuse, sexual exploitation, abandonment, severe abuse, or severe neglect are involved,
111 the state has no duty to make reasonable efforts or to, in any other way, attempt to maintain a
112 child in the child's home, provide reunification services, or rehabilitate the offending parent or
113 parents. This Subsection (6) does not exempt the division from providing court-ordered
114 services.
115 (7) (a) In accordance with Subsection (1), the division shall strive to achieve
116 appropriate permanency for children who are abused, neglected, or dependent. The division
117 shall provide in-home services, if appropriate and safe, in an effort to help a parent to correct
118 the behavior that resulted in abuse, neglect, or dependency of the parent's child. The division
119 may pursue a foster placement only if in-home services fail or are otherwise insufficient or
120 inappropriate, kinship placement is not safe or appropriate, or in-home services and kinship
121 placement fail and cannot be corrected. The division shall also seek qualified extended family
122 support or a kinship placement to maintain a sense of security and stability for the child.
123 (b) If the use or continuation of reasonable efforts, as described in Subsections (5) and
124 (6), is determined to be inconsistent with the permanency plan for a child, then measures shall
125 be taken, in a timely manner, to place the child in accordance with the permanency plan, and to
126 complete whatever steps are necessary to finalize the permanent placement of the child.
127 (c) Subject to the parental rights recognized and protected under this section, if,
128 because of a parent's conduct or condition, the parent is determined to be unfit or incompetent
129 based on the grounds for termination of parental rights described in Chapter 4, Termination and
130 Restoration of Parental Rights, the continuing welfare and best interest of the child is of
131 paramount importance, and shall be protected in determining whether that parent's rights
132 should be terminated.
133 (8) The state's right to direct or intervene in the provision of medical or mental health
134 care for a child is subject to Subsections 80-1-102(58)(b)(i) through (iii) and Sections 80-3-109
135 and 80-3-304.
136 Section 2. Section 80-3-307 is amended to read:
137 80-3-307. Child and family plan developed by division -- Parent-time and relative
138 visitation.
139 (1) The division shall develop and finalize a child's child and family plan no more than
140 45 days after the day on which the child enters the temporary custody of the division.
141 (2) (a) The division may use an interdisciplinary team approach in developing a child
142 and family plan.
143 (b) The interdisciplinary team described in Subsection (2)(a) may include
144 representatives from the following fields:
145 (i) mental health;
146 (ii) education; or
147 (iii) if appropriate, law enforcement.
148 (3) (a) The division shall involve all of the following in the development of a child's
149 child and family plan:
150 (i) both of the child's natural parents, unless the whereabouts of a parent are unknown;
151 (ii) the child;
152 (iii) the child's foster parents; and
153 (iv) if appropriate, the child's stepparent.
154 (b) Subsection (3)(a) does not prohibit any other party not listed in Subsection (3)(a) or
155 a party's counsel from being involved in the development of a child's child and family plan if
156 the party or counsel's participation is otherwise permitted by law.
157 (c) In relation to all information considered by the division in developing a child and
158 family plan, the division shall give additional weight and attention to the input of the child's
159 natural and foster parents upon the involvement of the child's natural and foster parents under
160 Subsections (3)(a)(i) and (iii).
161 (d) (i) The division shall make a substantial effort to develop a child and family plan
162 with which the child's parents agree.
163 (ii) If a parent does not agree with a child and family plan:
164 (A) the division shall strive to resolve the disagreement between the division and the
165 parent; and
166 (B) if the disagreement is not resolved, the division shall inform the court of the
167 disagreement.
168 (4) A copy of the child and family plan shall, immediately upon completion, or as soon
169 as reasonably possible thereafter, be provided to:
170 (a) the guardian ad litem;
171 (b) the child's natural parents; and
172 (c) the child's foster parents.
173 (5) A child and family plan shall:
174 (a) specifically provide for the safety of the child, in accordance with federal law;
175 (b) clearly define what actions or precautions will, or may be, necessary to provide for
176 the health, safety, protection, and welfare of the child;
177 (c) be specific to each child and the child's family, rather than general;
178 (d) include individualized expectations and contain specific time frames;
179 (e) except as provided in Subsection (6), address problems that:
180 (i) keep a child in the child's placement; and
181 (ii) keep a child from achieving permanence in the child's life;
182 (f) be designed to:
183 (i) minimize disruption to the normal activities of the child's family, including
184 employment and school; and
185 (ii) as much as practicable, help the child's parent maintain or obtain employment; and
186 (g) set forth, with specificity, at least the following:
187 (i) the reason the child entered into protective custody or the division's temporary
188 custody or custody;
189 (ii) documentation of:
190 (A) the reasonable efforts made to prevent placement of the child in protective custody
191 or the division's temporary custody or custody; or
192 (B) the emergency situation that existed and that prevented the reasonable efforts
193 described in Subsection (5)(g)(ii)(A), from being made;
194 (iii) the primary permanency plan for the child, as described in Section 80-3-406, and
195 the reason for selection of the plan;
196 (iv) the concurrent permanency plan for the child, as described in Section 80-3-406,
197 and the reason for the selection of the plan;
198 (v) if the plan is for the child to return to the child's family:
199 (A) specifically what the parents must do in order to enable the child to be returned
200 home;
201 (B) specifically how the requirements described in Subsection (5)(g)(v)(A) may be
202 accomplished; and
203 (C) how the requirements described in Subsection (5)(g)(v)(A) will be measured;
204 (vi) the specific services needed to reduce the problems that necessitated placing the
205 child in protective custody or the division's temporary custody or custody;
206 (vii) the name of the individual who will provide for and be responsible for case
207 management for the division;
208 (viii) subject to Subsection (10), a parent-time schedule between the natural parent and
209 the child;
210 (ix) subject to Subsection (7), the health and mental health care to be provided to
211 address any known or diagnosed mental health needs of the child;
212 (x) if residential treatment rather than a foster home is the proposed placement, a
213 requirement for a specialized assessment of the child's health needs including an assessment of
214 mental illness and behavior and conduct disorders;
215 (xi) social summaries that include case history information pertinent to case planning;
216 and
217 (xii) subject to Subsection (12), a sibling visitation schedule.
218 (6) For purposes of Subsection (5)(e), a child and family plan may only include
219 requirements that:
220 (a) address findings made by the court; or
221 (b) (i) are requested or consented to by a parent or guardian of the child; and
222 (ii) are agreed to by the division and the guardian ad litem.
223 (7) (a) Subject to Subsection (7)(b), in addition to the information required under
224 Subsection (5)(g)(ix), a child and family plan shall include a specialized assessment of the
225 medical and mental health needs of a child, if the child:
226 (i) is placed in residential treatment; and
227 (ii) has medical or mental health issues that need to be addressed.
228 (b) Notwithstanding Subsection (7)(a), a parent shall retain the right to seek a separate
229 medical or mental health diagnosis of the parent's child from a licensed practitioner of the
230 parent's choice.
231 (8) (a) The division shall train the division's employees to develop child and family
232 plans that comply with:
233 (i) federal mandates; and
234 (ii) the specific needs of the particular child and the child's family.
235 (b) The child's natural parents, foster parents, and if appropriate, stepparents, shall be
236 kept informed of and supported to participate in important meetings and procedures related to
237 the child's placement.
238 [
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240
241 [
242 (9) If the division documents to the court that there is a compelling reason that
243 adoption, reunification, guardianship, and a placement described in Subsection 80-3-301(6)(e)
244 are not in the child's best interest, the court may order another planned permanent living
245 arrangement in accordance with federal law.
246 (10) (a) Except as provided in Subsection (10)(b), parent-time may only be denied by a
247 court order issued in accordance with Subsection 80-3-406(9).
248 (b) Notwithstanding Subsection (10)(a), the person designated by the division or a
249 court to supervise a parent-time session may deny parent-time for the session if the supervising
250 person determines that, based on the parent's condition, it is necessary to deny parent-time to:
251 (i) protect the physical safety of the child;
252 (ii) protect the life of the child; or
253 (iii) consistent with Subsection (10)(c), prevent the child from being traumatized by
254 contact with the parent.
255 (c) In determining whether the condition of the parent described in Subsection (10)(b)
256 will traumatize a child, the person supervising the parent-time session shall consider the impact
257 that the parent's condition will have on the child in light of:
258 (i) the child's fear of the parent; and
259 (ii) the nature of the alleged abuse or neglect.
260 (11) If a child is in the division's temporary custody or custody, the division shall
261 consider visitation with the child's grandparent if:
262 (a) the division determines the visitation to be in the best interest of the child;
263 (b) there are no safety concerns regarding the behavior or criminal background of the
264 grandparent;
265 (c) allowing the grandparent visitation would not compete with or undermine the
266 child's reunification plan;
267 (d) there is a substantial relationship between the grandparent and child; and
268 (e) the grandparent visitation will not unduly burden the foster parents.
269 (12) (a) The division shall incorporate into the child and family plan reasonable efforts
270 to provide sibling visitation if:
271 (i) siblings are separated due to foster care or adoptive placement;
272 (ii) the sibling visitation is in the best interest of the child for whom the child and
273 family plan is developed; and
274 (iii) the division has consent for sibling visitation from the guardian of the sibling.
275 (b) The division shall obtain consent for sibling visitation from the sibling's guardian if
276 the criteria of Subsections (12)(a)(i) and (ii) are met.
277 Section 3. Section 80-3-402 is amended to read:
278 80-3-402. Adjudication hearing -- Dispositional hearing time deadlines --
279 Scheduling of review and permanency hearing.
280 (1) If, at the adjudication hearing, the juvenile court finds, by clear and convincing
281 evidence, that the allegations contained in the abuse, neglect, or dependency petition are true,
282 the juvenile court shall conduct a dispositional hearing.
283 (2) (a) If, at the adjudication hearing, a child remains in an out-of-home placement, the
284 juvenile court shall:
285 (i) make specific findings regarding the conditions of parent-time that are in the child's
286 best interest; and
287 (ii) if parent-time is denied, state the facts that justify the denial.
288 (b) Parent-time shall be under the least restrictive conditions necessary to:
289 (i) protect the physical safety of the child; or
290 (ii) prevent the child from being traumatized by contact with the parent due to the
291 child's fear of the parent in light of the nature of the alleged abuse or neglect.
292 (c) (i) The division or the person designated by the division or a court to supervise a
293 parent-time session may deny parent-time for the session if the division or the supervising
294 person determines that, based on the parent's condition, it is necessary to deny parent-time to:
295 (A) protect the physical safety of the child;
296 (B) protect the life of the child; or
297 (C) consistent with Subsection (2)(c)(ii), prevent the child from being traumatized by
298 contact with the parent.
299 (ii) In determining whether the condition of the parent described in Subsection (2)(c)(i)
300 will traumatize a child, the division or the person supervising the parent-time session shall
301 consider the impact that the parent's condition will have on the child in light of:
302 (A) the child's fear of the parent; and
303 (B) the nature of the alleged abuse or neglect.
304 [
305 hearing, but shall be held no later than 30 calendar days after the day on which the adjudication
306 hearing is held.
307 [
308 shall schedule dates and times for:
309 (a) the six-month periodic review; and
310 (b) the permanency hearing.
311 [
312 petition for termination of parental rights is filed under Section 80-4-201, before the day on
313 which a dispositional hearing is held on the abuse, neglect, or dependency petition, a party may
314 request a hearing on whether reunification services are appropriate in accordance with the
315 factors described in Subsections 80-3-406(5) and (7).
316 Section 4. Section 80-3-405 is amended to read:
317 80-3-405. Dispositions after adjudication.
318 (1) (a) Upon adjudication under Subsection 80-3-402(1), the juvenile court may make
319 the dispositions described in Subsection (2) at the dispositional hearing.
320 (2) (a) (i) The juvenile court may vest custody of an abused, neglected, or dependent
321 minor in the division or any other appropriate person, with or without court-specified child
322 welfare services, in accordance with the requirements and procedures of this chapter.
323 (ii) When placing a minor in the custody of the division or any other appropriate
324 person, the juvenile court:
325 (A) shall give primary consideration to the welfare of the minor;
326 (B) shall give due consideration to the rights of the parent or parents concerning the
327 minor; and
328 (C) when practicable, may take into consideration the religious preferences of the
329 minor and of the minor's parents or guardian.
330 (b) (i) The juvenile court may appoint a guardian for the minor if it appears necessary
331 in the interest of the minor.
332 (ii) A guardian appointed under Subsection (2)(b)(i) may be a public or private
333 institution or agency, but not a nonsecure residential placement provider, in which legal
334 custody of the minor is vested.
335 (iii) When placing a minor under the guardianship of an individual or of a private
336 agency or institution, the juvenile court:
337 (A) shall give primary consideration to the welfare of the minor; and
338 (B) when practicable, may take into consideration the religious preferences of the
339 minor and of the minor's parents or guardian.
340 (c) The juvenile court may order:
341 (i) protective supervision;
342 (ii) family preservation;
343 (iii) sibling visitation; or
344 (iv) other services.
345 (d) (i) If a minor has been placed with an individual or relative as a result of an
346 adjudication under this chapter, the juvenile court may enter an order of permanent legal
347 custody and guardianship with the individual or relative of the minor.
348 (ii) If a juvenile court enters an order of permanent custody and guardianship with an
349 individual or relative of a minor under Subsection (2)(d)(i), the juvenile court may, in
350 accordance with Section 78A-6-356, enter an order for child support on behalf of the minor
351 against the natural parents of the minor.
352 (iii) An order under this Subsection (2)(d):
353 (A) shall remain in effect until the minor is 18 years old;
354 (B) is not subject to review under Section 78A-6-358; and
355 (C) may be modified by petition or motion as provided in Section 78A-6-357.
356 (e) The juvenile court may order a child be committed to the physical custody, as
357 defined in Section 62A-15-701, of a local mental health authority, in accordance with the
358 procedures and requirements of Title 62A, Chapter 15, Part 7, Commitment of Persons Under
359 Age 18 to Division of Substance Abuse and Mental Health.
360 (f) (i) If the child has an intellectual disability, the juvenile court may make an order
361 committing a minor to the Utah State Developmental Center in accordance with Title 62A,
362 Chapter 5, Part 3, Admission to an Intermediate Care Facility for People with an Intellectual
363 Disability.
364 (ii) The juvenile court shall follow the procedure applicable in the district court with
365 respect to judicial commitments to the Utah State Developmental Center when ordering a
366 commitment under Subsection (2)(f)(i).
367 (g) (i) Subject to Subsection 80-1-102(58)(b) and Section 80-3-304, the juvenile court
368 may order that a minor:
369 (A) be examined or treated by a mental health therapist, as described in Section
370 80-3-109; or
371 (B) receive other special care.
372 (ii) For purposes of receiving the examination, treatment, or care described in
373 Subsection (2)(g)(i), the juvenile court may place the minor in a hospital or other suitable
374 facility that is not secure care or secure detention.
375 (iii) In determining whether to order the examination, treatment, or care described in
376 Subsection (2)(g)(i), the juvenile court shall consider:
377 (A) the desires of the minor;
378 (B) the desires of the parent or guardian of the minor if the minor is younger than 18
379 years old; and
380 (C) whether the potential benefits of the examination, treatment, or care outweigh the
381 potential risks and side-effects, including behavioral disturbances, suicidal ideation, brain
382 function impairment, or emotional or physical harm resulting from the compulsory nature of
383 the examination, treatment, or care.
384 (h) The juvenile court may make other reasonable orders for the best interest of the
385 minor.
386 (3) (a) At the dispositional hearing described in Subsection 80-3-402(3), if a child
387 remains in an out-of-home placement, the juvenile court shall:
388 (i) make specific findings regarding the conditions of parent-time that are in the child's
389 best interest; and
390 (ii) if parent-time is denied, state the facts that justify the denial.
391 (b) Parent-time shall be under the least restrictive conditions necessary to:
392 (i) protect the physical safety of the child; or
393 (ii) prevent the child from being traumatized by contact with the parent due to the
394 child's fear of the parent in light of the nature of the alleged abuse or neglect.
395 (c) (i) The division or the person designated by the division or a court to supervise a
396 parent-time session may deny parent-time for the session if the division or the supervising
397 person determines that, based on the parent's condition, it is necessary to deny parent-time to:
398 (A) protect the physical safety of the child;
399 (B) protect the life of the child; or
400 (C) consistent with Subsection (3)(c)(ii), prevent the child from being traumatized by
401 contact with the parent.
402 (ii) In determining whether the condition of the parent described in Subsection (3)(c)(i)
403 will traumatize a child, the division or the person supervising the parent-time session shall
404 consider the impact that the parent's condition will have on the child in light of:
405 (A) the child's fear of the parent; and
406 (B) the nature of the alleged abuse or neglect.
407 [
408 (a) commit a minor solely on the ground of abuse, neglect, or dependency to the
409 Division of Juvenile Justice Services;
410 (b) assume the function of developing foster home services; or
411 (c) vest legal custody of an abused, neglected, or dependent minor in the division to
412 primarily address the minor's ungovernable or other behavior, mental health, or disability,
413 unless the division:
414 (i) engages other relevant divisions within the department that are conducting an
415 assessment of the minor and the minor's family's needs;
416 (ii) based on the assessment described in Subsection [
417 that vesting custody of the minor in the division is the least restrictive intervention for the
418 minor that meets the minor's needs; and
419 (iii) consents to legal custody of the minor being vested in the division.
420 [
421 combining the dispositions is permissible and the dispositions are compatible.
422 Section 5. Section 80-3-406 is amended to read:
423 80-3-406. Permanency plan -- Reunification services.
424 (1) If the juvenile court orders continued removal at the dispositional hearing under
425 Section 80-3-402, and that the minor remain in the custody of the division, the juvenile court
426 shall first:
427 (a) establish a primary permanency plan and a concurrent permanency plan for the
428 minor in accordance with this section; and
429 (b) determine whether, in view of the primary permanency plan, reunification services
430 are appropriate for the minor and the minor's family under Subsections (5) through (8).
431 (2) (a) The concurrent permanency plan shall include:
432 (i) a representative list of the conditions under which the primary permanency plan will
433 be abandoned in favor of the concurrent permanency plan; and
434 (ii) an explanation of the effect of abandoning or modifying the primary permanency
435 plan.
436 (b) In determining the primary permanency plan and concurrent permanency plan, the
437 juvenile court shall consider:
438 (i) the preference for kinship placement over nonkinship placement, including the
439 rebuttable presumption described in Subsection 80-3-302(7)(a);
440 (ii) the potential for a guardianship placement if parental rights are terminated and no
441 appropriate adoption placement is available; and
442 (iii) the use of an individualized permanency plan, only as a last resort.
443 (3) (a) The juvenile court may amend a minor's primary permanency plan before the
444 establishment of a final permanency plan under Section 80-3-409.
445 (b) The juvenile court is not limited to the terms of the concurrent permanency plan in
446 the event that the primary permanency plan is abandoned.
447 (c) If, at any time, the juvenile court determines that reunification is no longer a minor's
448 primary permanency plan, the juvenile court shall conduct a permanency hearing in accordance
449 with Section 80-3-409 on or before the earlier of:
450 (i) 30 days after the day on which the juvenile court makes the determination described
451 in this Subsection (3)(c); or
452 (ii) the day on which the provision of reunification services, described in Section
453 80-3-409, ends.
454 (4) (a) Because of the state's interest in and responsibility to protect and provide
455 permanency for minors who are abused, neglected, or dependent, the Legislature finds that a
456 parent's interest in receiving reunification services is limited.
457 (b) The juvenile court may determine that:
458 (i) efforts to reunify a minor with the minor's family are not reasonable or appropriate,
459 based on the individual circumstances; and
460 (ii) reunification services should not be provided.
461 (c) In determining reasonable efforts to be made with respect to a minor, and in making
462 reasonable efforts, the juvenile court and the division shall consider the minor's health, safety,
463 and welfare as the paramount concern.
464 (5) There is a presumption that reunification services should not be provided to a
465 parent if the juvenile court finds, by clear and convincing evidence, that any of the following
466 circumstances exist:
467 (a) the whereabouts of the parents are unknown, based on a verified affidavit indicating
468 that a reasonably diligent search has failed to locate the parent;
469 (b) subject to Subsection (6)(a), the parent is suffering from a mental illness of such
470 magnitude that the mental illness renders the parent incapable of utilizing reunification
471 services;
472 (c) the minor was previously adjudicated as an abused child due to physical abuse,
473 sexual abuse, or sexual exploitation, and following the adjudication the child:
474 (i) was removed from the custody of the minor's parent;
475 (ii) was subsequently returned to the custody of the parent; and
476 (iii) is being removed due to additional physical abuse, sexual abuse, or sexual
477 exploitation;
478 (d) the parent:
479 (i) caused the death of another minor through abuse or neglect;
480 (ii) committed, aided, abetted, attempted, conspired, or solicited to commit:
481 (A) murder or manslaughter of a minor; or
482 (B) child abuse homicide;
483 (iii) committed sexual abuse against the minor;
484 (iv) is a registered sex offender or required to register as a sex offender; or
485 (v) (A) intentionally, knowingly, or recklessly causes the death of another parent of the
486 minor;
487 (B) is identified by a law enforcement agency as the primary suspect in an investigation
488 for intentionally, knowingly, or recklessly causing the death of another parent of the minor; or
489 (C) is being prosecuted for or has been convicted of intentionally, knowingly, or
490 recklessly causing the death of another parent of the minor;
491 (e) the minor suffered severe abuse by the parent or by any individual known by the
492 parent if the parent knew or reasonably should have known that the individual was abusing the
493 minor;
494 (f) the minor is adjudicated as an abused minor as a result of severe abuse by the
495 parent, and the juvenile court finds that it would not benefit the minor to pursue reunification
496 services with the offending parent;
497 (g) the parent's rights are terminated with regard to any other minor;
498 (h) the minor was removed from the minor's home on at least two previous occasions
499 and reunification services were offered or provided to the family at those times;
500 (i) the parent has abandoned the minor for a period of six months or longer;
501 (j) the parent permitted the minor to reside, on a permanent or temporary basis, at a
502 location where the parent knew or should have known that a clandestine laboratory operation
503 was located;
504 (k) except as provided in Subsection (6)(b), with respect to a parent who is the minor's
505 birth mother, the minor has fetal alcohol syndrome, fetal alcohol spectrum disorder, or was
506 exposed to an illegal or prescription drug that was abused by the minor's mother while the
507 minor was in utero, if the minor was taken into division custody for that reason, unless the
508 mother agrees to enroll in, is currently enrolled in, or has recently and successfully completed a
509 substance use disorder treatment program approved by the department; or
510 (l) any other circumstance that the juvenile court determines should preclude
511 reunification efforts or services.
512 (6) (a) The juvenile court shall base the finding under Subsection (5)(b) on competent
513 evidence from at least two medical or mental health professionals, who are not associates,
514 establishing that, even with the provision of services, the parent is not likely to be capable of
515 adequately caring for the minor within 12 months after the day on which the juvenile court
516 finding is made.
517 (b) The juvenile court may disregard the provisions of Subsection (5)(k) if the juvenile
518 court finds, under the circumstances of the case, that the substance use disorder treatment
519 described in Subsection (5)(k) is not warranted.
520 (7) In determining whether reunification services are appropriate, the juvenile court
521 shall take into consideration:
522 (a) failure of the parent to respond to previous services or comply with a previous child
523 and family plan;
524 (b) the fact that the minor was abused while the parent was under the influence of
525 drugs or alcohol;
526 (c) any history of violent behavior directed at the minor or an immediate family
527 member;
528 (d) whether a parent continues to live with an individual who abused the minor;
529 (e) any patterns of the parent's behavior that have exposed the minor to repeated abuse;
530 (f) testimony by a competent professional that the parent's behavior is unlikely to be
531 successful; and
532 (g) whether the parent has expressed an interest in reunification with the minor.
533 (8) If, under Subsections (5)(b) through (l), the juvenile court does not order
534 reunification services, a permanency hearing shall be conducted within 30 days in accordance
535 with Section 80-3-409.
536 (9) (a) Subject to Subsections (9)(b) [
537 determines that reunification services are appropriate for the minor and the minor's family, the
538 juvenile court shall provide for reasonable parent-time with the parent or parents from whose
539 custody the minor was removed, unless parent-time is not in the best interest of the minor.
540 (b) Parent-time is in the best interests of a minor unless the juvenile court makes a
541 finding that it is necessary to deny parent-time in order to:
542 (i) protect the physical safety of the minor;
543 (ii) protect the life of the minor; or
544 (iii) prevent the minor from being traumatized by contact with the parent due to the
545 minor's fear of the parent in light of the nature of the alleged abuse or neglect.
546 (c) Notwithstanding Subsection (9)(a), a juvenile court may not deny parent-time based
547 solely on a parent's failure to:
548 (i) prove that the parent has not used legal or illegal substances; or
549 (ii) comply with an aspect of the child and family plan that is ordered by the juvenile
550 court.
551 (d) Parent-time shall be under the least restrictive conditions necessary to:
552 (i) protect the physical safety of the child; or
553 (ii) prevent the child from being traumatized by contact with the parent due to the
554 minor's fear of the parent in light of the nature of the alleged abuse or neglect.
555 (e) (i) The division or the person designated by the division or a court to supervise a
556 parent-time session may deny parent-time for the session if the division or the supervising
557 person determines that, based on the parent's condition, it is necessary to deny parent-time to:
558 (A) protect the physical safety of the child;
559 (B) protect the life of the child; or
560 (C) consistent with Subsection (9)(e)(ii), prevent the child from being traumatized by
561 contact with the parent.
562 (ii) In determining whether the condition of the parent described in Subsection (9)(e)(i)
563 will traumatize a child, the division or the person supervising the parent-time session shall
564 consider the impact that the parent's condition will have on the child in light of:
565 (A) the child's fear of the parent; and
566 (B) the nature of the alleged abuse or neglect.
567 (10) (a) If the juvenile court determines that reunification services are appropriate, the
568 juvenile court shall order that the division make reasonable efforts to provide services to the
569 minor and the minor's parent for the purpose of facilitating reunification of the family, for a
570 specified period of time.
571 (b) In providing the services described in Subsection (10)(a), the juvenile court and the
572 division shall consider the minor's health, safety, and welfare as the paramount concern.
573 (11) In cases where sexual abuse, sexual exploitation, abandonment, severe abuse, or
574 severe neglect are involved:
575 (a) the juvenile court does not have any duty to order reunification services; and
576 (b) the division does not have a duty to make reasonable efforts to or in any other way
577 attempt to provide reunification services or attempt to rehabilitate the offending parent or
578 parents.
579 (12) (a) The juvenile court shall:
580 (i) determine whether the services offered or provided by the division under the child
581 and family plan constitute reasonable efforts on the part of the division;
582 (ii) determine and define the responsibilities of the parent under the child and family
583 plan in accordance with Subsection 80-3-307(5)(g)(iii); and
584 (iii) identify verbally on the record, or in a written document provided to the parties,
585 the responsibilities described in Subsection (12)(a)(ii), for the purpose of assisting in any future
586 determination regarding the provision of reasonable efforts, in accordance with state and
587 federal law.
588 (b) If the parent is in a substance use disorder treatment program, other than a certified
589 drug court program, the juvenile court may order the parent:
590 (i) to submit to supplementary drug or alcohol testing, in accordance with Subsection
591 80-3-110(6), in addition to the testing recommended by the parent's substance use disorder
592 program based on a finding of reasonable suspicion that the parent is abusing drugs or alcohol;
593 and
594 (ii) to provide the results of drug or alcohol testing recommended by the substance use
595 disorder program to the juvenile court or division.
596 (13) (a) The time period for reunification services may not exceed 12 months from the
597 day on which the minor was initially removed from the minor's home, unless the time period is
598 extended under Subsection 80-3-409(7).
599 (b) This section does not entitle any parent to an entire 12 months of reunification
600 services.
601 (14) (a) If reunification services are ordered, the juvenile court may terminate those
602 services at any time.
603 (b) If, at any time, continuation of reasonable efforts to reunify a minor is determined
604 to be inconsistent with the final permanency plan for the minor established under Section
605 80-3-409, then measures shall be taken, in a timely manner, to:
606 (i) place the minor in accordance with the final permanency plan; and
607 (ii) complete whatever steps are necessary to finalize the permanent placement of the
608 minor.
609 (15) Any physical custody of the minor by the parent or a relative during the period
610 described in Subsections (10) through (14) does not interrupt the running of the period.
611 (16) (a) If reunification services are ordered, the juvenile court shall conduct a
612 permanency hearing in accordance with Section 80-3-409 before the day on which the time
613 period for reunification services expires.
614 (b) The permanency hearing shall be held no later than 12 months after the original
615 removal of the minor.
616 (c) If reunification services are not ordered, a permanency hearing shall be conducted
617 within 30 days in accordance with Section 80-3-409.
618 (17) With regard to a minor in the custody of the division whose parent or parents are
619 ordered to receive reunification services but who have abandoned that minor for a period of six
620 months from the day on which reunification services are ordered:
621 (a) the juvenile court shall terminate reunification services; and
622 (b) the division shall petition the juvenile court for termination of parental rights.
623 (18) When a minor is under the custody of the division and has been separated from a
624 sibling due to foster care or adoptive placement, a juvenile court may order sibling visitation,
625 subject to the division obtaining consent from the sibling's guardian, according to the juvenile
626 court's determination of the best interests of the minor for whom the hearing is held.
627 (19) (a) If reunification services are not ordered under this section, and the
628 whereabouts of a parent becomes known within six months after the day on which the
629 out-of-home placement of the minor is made, the juvenile court may order the division to
630 provide reunification services.
631 (b) The time limits described in this section are not tolled by the parent's absence.
632 (20) (a) If a parent is incarcerated or institutionalized, the juvenile court shall order
633 reasonable services unless the juvenile court determines that those services would be
634 detrimental to the minor.
635 (b) In making the determination described in Subsection (20)(a), the juvenile court
636 shall consider:
637 (i) the age of the minor;
638 (ii) the degree of parent-child bonding;
639 (iii) the length of the sentence;
640 (iv) the nature of the treatment;
641 (v) the nature of the crime or illness;
642 (vi) the degree of detriment to the minor if services are not offered;
643 (vii) for a minor who is 10 years old or older, the minor's attitude toward the
644 implementation of family reunification services; and
645 (viii) any other appropriate factors.
646 (c) Reunification services for an incarcerated parent are subject to the time limitations
647 imposed in this section.
648 (d) Reunification services for an institutionalized parent are subject to the time
649 limitations imposed in this section, unless the juvenile court determines that continued
650 reunification services would be in the minor's best interest.
651 Section 6. Section 80-3-407 is amended to read:
652 80-3-407. Six-month review hearing -- Findings regarding reasonable efforts by
653 division -- Findings regarding child and family plan compliance.
654 (1) If reunification efforts have been ordered by the juvenile court under Section
655 80-3-406, the juvenile court shall hold a hearing no more than six months after the day on
656 which the minor is initially removed from the minor's home, in order for the juvenile court to
657 determine whether:
658 [
659 family in accordance with the child and family plan;
660 [
661 order to comply with the requirements of the child and family plan; and
662 [
663 presumption described in Subsections 80-3-302(7)(a) and 80-3-303(2)(c).
664 (2) (a) At the hearing described in Subsection (1), if a child remains in an out-of-home
665 placement, the juvenile court shall:
666 (i) make specific findings regarding the conditions of parent-time that are in the child's
667 best interest; and
668 (ii) if parent-time is denied, state the facts that justify the denial.
669 (b) Parent-time shall be under the least restrictive conditions necessary to:
670 (i) protect the physical safety of the child; or
671 (ii) prevent the child from being traumatized by contact with the parent due to the
672 child's fear of the parent in light of the nature of the alleged abuse or neglect.
673 (c) (i) The division or the person designated by the division or a court to supervise a
674 parent-time session may deny parent-time for the session if the division or the supervising
675 person determines that, based on the parent's condition, it is necessary to deny parent-time to:
676 (A) protect the physical safety of the child;
677 (B) protect the life of the child; or
678 (C) consistent with Subsection (2)(c)(ii), prevent the child from being traumatized by
679 contact with the parent.
680 (ii) In determining whether the condition of the parent described in Subsection (2)(c)(i)
681 will traumatize a child, the division or the person supervising the parent-time session shall
682 consider the impact that the parent's condition will have on the child in light of:
683 (A) the child's fear of the parent; and
684 (B) the nature of the alleged abuse or neglect.
685 Section 7. Section 80-3-409 is amended to read:
686 80-3-409. Permanency hearing -- Final plan -- Petition for termination of
687 parental rights filed -- Hearing on termination of parental rights.
688 (1) (a) If reunification services are ordered under Section 80-3-406, with regard to a
689 minor who is in the custody of the division, the juvenile court shall hold a permanency hearing
690 no later than 12 months after the day on which the minor is initially removed from the minor's
691 home.
692 (b) If reunification services are not ordered at the dispositional hearing, the juvenile
693 court shall hold a permanency hearing within 30 days after the day on which the dispositional
694 hearing ends.
695 (2) (a) If reunification services are ordered in accordance with Section 80-3-406, the
696 juvenile court shall, at the permanency hearing, determine, consistent with Subsection (3),
697 whether the minor may safely be returned to the custody of the minor's parent.
698 (b) If the juvenile court finds, by a preponderance of the evidence, that return of the
699 minor to the minor's parent would create a substantial risk of detriment to the minor's physical
700 or emotional well-being, the minor may not be returned to the custody of the minor's parent.
701 (c) Prima facie evidence that return of the minor to a parent or guardian would create a
702 substantial risk of detriment to the minor is established if:
703 (i) the parent or guardian fails to:
704 (A) participate in a court approved child and family plan;
705 (B) comply with a court approved child and family plan in whole or in part; or
706 (C) meet the goals of a court approved child and family plan; or
707 (ii) the minor's natural parent:
708 (A) intentionally, knowingly, or recklessly causes the death of another parent of the
709 minor;
710 (B) is identified by a law enforcement agency as the primary suspect in an investigation
711 for intentionally, knowingly, or recklessly causing the death of another parent of the minor; or
712 (C) is being prosecuted for or has been convicted of intentionally, knowingly, or
713 recklessly causing the death of another parent of the minor.
714 (3) In making a determination under Subsection (2)(a), the juvenile court shall:
715 (a) review and consider:
716 (i) the report prepared by the division;
717 (ii) in accordance with the Utah Rules of Evidence, any admissible evidence offered by
718 the minor's attorney guardian ad litem;
719 (iii) any report submitted by the division under Subsection 80-3-408(3)(a)(i);
720 (iv) any evidence regarding the efforts or progress demonstrated by the parent; and
721 (v) the extent to which the parent cooperated and used the services provided; and
722 (b) attempt to keep the minor's sibling group together if keeping the sibling group
723 together is:
724 (i) practicable; and
725 (ii) in accordance with the best interest of the minor.
726 (4) With regard to a case where reunification services are ordered by the juvenile court,
727 if a minor is not returned to the minor's parent or guardian at the permanency hearing, the
728 juvenile court shall, unless the time for the provision of reunification services is extended
729 under Subsection (7):
730 (a) order termination of reunification services to the parent;
731 (b) make a final determination regarding whether termination of parental rights,
732 adoption, or permanent custody and guardianship is the most appropriate final plan for the
733 minor, taking into account the minor's primary permanency plan established by the juvenile
734 court under Section 80-3-406; and
735 (c) in accordance with Subsection 80-3-406(2), establish a concurrent permanency plan
736 that identifies the second most appropriate final plan for the minor, if appropriate.
737 (5) The juvenile court may order another planned permanent living arrangement other
738 than reunification for a minor who is 16 years old or older upon entering the following
739 findings:
740 (a) the division has documented intensive, ongoing, and unsuccessful efforts to reunify
741 the minor with the minor's parent or parents, or to secure a placement for the minor with a
742 guardian, an adoptive parent, or an individual described in Subsection 80-3-301(6)(e);
743 (b) the division has demonstrated that the division has made efforts to normalize the
744 life of the minor while in the division's custody, in accordance with Section 80-2-308;
745 (c) the minor prefers another planned permanent living arrangement; and
746 (d) there is a compelling reason why reunification or a placement described in
747 Subsection (5)(a) is not in the minor's best interest.
748 (6) Except as provided in Subsection (7), the juvenile court may not extend
749 reunification services beyond 12 months after the day on which the minor is initially removed
750 from the minor's home, in accordance with the provisions of Section 80-3-406.
751 (7) (a) Subject to Subsection (7)(b), the juvenile court may extend reunification
752 services for no more than 90 days if the juvenile court finds, beyond a preponderance of the
753 evidence, that:
754 (i) there has been substantial compliance with the child and family plan;
755 (ii) reunification is probable within that 90-day period; and
756 (iii) the extension is in the best interest of the minor.
757 (b) (i) Except as provided in Subsection (7)(c), the juvenile court may not extend any
758 reunification services beyond 15 months after the day on which the minor is initially removed
759 from the minor's home.
760 (ii) Delay or failure of a parent to establish paternity or seek custody does not provide a
761 basis for the juvenile court to extend services for the parent beyond the 12-month period
762 described in Subsection (6).
763 (c) In accordance with Subsection (7)(d), the juvenile court may extend reunification
764 services for one additional 90-day period, beyond the 90-day period described in Subsection
765 (7)(a), if:
766 (i) the juvenile court finds, by clear and convincing evidence, that:
767 (A) the parent has substantially complied with the child and family plan;
768 (B) it is likely that reunification will occur within the additional 90-day period; and
769 (C) the extension is in the best interest of the minor;
770 (ii) the juvenile court specifies the facts upon which the findings described in
771 Subsection (7)(c)(i) are based; and
772 (iii) the juvenile court specifies the time period in which it is likely that reunification
773 will occur.
774 (d) A juvenile court may not extend the time period for reunification services without
775 complying with the requirements of this Subsection (7) before the extension.
776 (e) In determining whether to extend reunification services for a minor, a juvenile court
777 shall take into consideration the status of the minor siblings of the minor.
778 (8) (a) At the permanency hearing, if a child remains in an out-of-home placement, the
779 juvenile court shall:
780 (i) make specific findings regarding the conditions of parent-time that are in the child's
781 best interest; and
782 (ii) if parent-time is denied, state the facts that justify the denial.
783 (b) Parent-time shall be under the least restrictive conditions necessary to:
784 (i) protect the physical safety of the child; or
785 (ii) prevent the child from being traumatized by contact with the parent due to the
786 child's fear of the parent in light of the nature of the alleged abuse or neglect.
787 (c) (i) The division or the person designated by the division or a court to supervise a
788 parent-time session may deny parent-time for the session if the division or the supervising
789 person determines that, based on the parent's condition, it is necessary to deny parent-time to:
790 (A) protect the physical safety of the child;
791 (B) protect the life of the child; or
792 (C) consistent with Subsection (8)(c)(ii), prevent the child from being traumatized by
793 contact with the parent.
794 (ii) In determining whether the condition of the parent described in Subsection (8)(c)(i)
795 will traumatize a child, the division or the person supervising the parent-time session shall
796 consider the impact that the parent's condition will have on the child in light of:
797 (A) the child's fear of the parent; and
798 (B) the nature of the alleged abuse or neglect.
799 (9) The juvenile court may, in the juvenile court's discretion:
800 (a) enter any additional order that the juvenile court determines to be in the best
801 interest of the minor, so long as that order does not conflict with the requirements and
802 provisions of Subsections (4) through [
803 (b) order the division to provide protective supervision or other services to a minor and
804 the minor's family after the division's custody of a minor is terminated.
805 [
806 rights, the petition for termination of parental rights shall be filed, and a pretrial held, within 45
807 calendar days after the day on which the permanency hearing is held.
808 (b) If the division opposes the plan to terminate parental rights, the juvenile court may
809 not require the division to file a petition for the termination of parental rights, except as
810 required under Subsection 80-4-203(2).
811 [
812 expedited permanency hearing on the basis that continuation of reunification efforts are
813 inconsistent with the permanency needs of the minor.
814 (b) If the juvenile court so determines, the juvenile court shall order, in accordance
815 with federal law, that:
816 (i) the minor be placed in accordance with the permanency plan; and
817 (ii) whatever steps are necessary to finalize the permanent placement of the minor be
818 completed as quickly as possible.
819 [
820 (a) entitle any parent to reunification services for any specified period of time;
821 (b) limit a juvenile court's ability to terminate reunification services at any time before
822 a permanency hearing; or
823 (c) limit or prohibit the filing of a petition for termination of parental rights by any
824 party, or a hearing on termination of parental rights, at any time before a permanency hearing
825 provided that relative placement and custody options have been fairly considered in accordance
826 with Sections 80-2a-201 and 80-4-104.
827 [
828 parental rights is filed before the date scheduled for a permanency hearing, the juvenile court
829 may consolidate the hearing on termination of parental rights with the permanency hearing.
830 (b) For purposes of Subsection [
831 hearing on termination of parental rights with the permanency hearing:
832 (i) the juvenile court shall first make a finding regarding whether reasonable efforts
833 have been made by the division to finalize the permanency plan for the minor; and
834 (ii) any reunification services shall be terminated in accordance with the time lines
835 described in Section 80-3-406.
836 (c) The juvenile court shall make a decision on a petition for termination of parental
837 rights within 18 months after the day on which the minor is initially removed from the minor's
838 home.
839 [
840 parent of the minor, the juvenile court shall consider appropriate placement options inside and
841 outside of the state.
842 (b) In considering appropriate placement options under Subsection [
843 the juvenile court shall provide preferential consideration to a relative's request for placement
844 of the minor.
845 [
846 desires an opportunity to address the juvenile court or testify regarding permanency or
847 placement, the juvenile court shall give the minor's wishes added weight, but may not treat the
848 minor's wishes as the single controlling factor under this section.
849 (b) If the juvenile court's decision under this section differs from a minor's express
850 wishes if the minor is of sufficient maturity to articulate the wishes in relation to permanency
851 or the minor's placement, the juvenile court shall make findings explaining why the juvenile
852 court's decision differs from the minor's wishes.