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7 LONG TITLE
8 General Description:
9 This bill addresses the voluntary relinquishment of parental rights.
10 Highlighted Provisions:
11 This bill:
12 ▸ clarifies the requirements and procedure for an individual to consent to the
13 termination of parental rights or voluntarily relinquish parental rights.
14 Money Appropriated in this Bill:
15 None
16 Other Special Clauses:
17 None
18 Utah Code Sections Affected:
19 AMENDS:
20 80-4-307, as last amended by Laws of Utah 2022, Chapter 274
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22 Be it enacted by the Legislature of the state of Utah:
23 Section 1. Section 80-4-307 is amended to read:
24 80-4-307. Voluntary relinquishment -- Irrevocable.
25 (1) The individual consenting to termination of parental rights or voluntarily
26 relinquishing parental rights shall sign [
27 consent or relinquishment previously signed by the individual, under oath before:
28 (a) a judge of any court that has jurisdiction over proceedings for termination of
29 parental rights in this state or any other state, or a public officer appointed by that court for the
30 purpose of taking consents or relinquishments; or
31 (b) except as provided in Subsection (2), any person authorized to take consents or
32 relinquishments under Subsections 78B-6-124(1) and (2).
33 (2) Only the juvenile court is authorized to take consents or relinquishments from a
34 parent who has any child who is in the custody of a state agency or who has a child who is
35 otherwise under the jurisdiction of the juvenile court.
36 (3) (a) The court, appointed officer, or other authorized person shall certify to the best
37 of that person's information and belief that the individual executing the consent or
38 relinquishment, or confirming a consent or relinquishment previously signed by the individual,
39 has read and understands the consent or relinquishment and has signed the consent or
40 relinquishment freely and voluntarily.
41 (b) A consent or relinquishment is not effective until the consent or relinquishment is
42 certified pursuant to Subsection (3)(a).
43 (4) [
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45 consent or relinquishment that has been certified pursuant to Subsection (3)(a) is effective
46 against the consenting or relinquishing individual and may not be revoked.
47 (5) (a) The requirements and processes described in Section 80-4-104, Sections
48 80-4-301 through 80-4-304, and Part 2, Petition for Termination of Parental Rights, do not
49 apply to a voluntary relinquishment or consent for termination of parental rights.
50 (b) When determining voluntary relinquishment or consent for termination of parental
51 rights, the juvenile court need only find that the relinquishment or termination is in the child's
52 best interest.
53 (6) (a) There is a presumption that voluntary relinquishment or consent for termination
54 of parental rights is not in the child's best interest where it appears to the juvenile court that the
55 primary purpose for relinquishment or consent for termination is to avoid a financial support
56 obligation.
57 (b) The presumption described in Subsection (6)(a) may be rebutted if the juvenile
58 court finds the relinquishment or consent to termination of parental rights will facilitate the
59 establishment of stability and permanency for the child.
60 (7) Upon granting a voluntary relinquishment the juvenile court may make orders
61 relating to the child's care and welfare that the juvenile court considers to be in the child's best
62 interest.
63 Section 2. Effective date.
64 This bill takes effect on May 1, 2024.