(1) Unless a parent or guardian of a child who is adopted from the custody of the division expressly requests otherwise, the division may not, solely on the basis that the parent or guardian contacts the division regarding services or requests services from the division:

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Terms Used In Utah Code 80-2-805

  • Abuse: means :
              (1)(a)(i)
                   (1)(a)(i)(A) nonaccidental harm of a child;
                   (1)(a)(i)(B) threatened harm of a child;
                   (1)(a)(i)(C) sexual exploitation;
                   (1)(a)(i)(D) sexual abuse; or
                   (1)(a)(i)(E) human trafficking of a child in violation of Section Utah Code 80-1-102
  • Child: means , except as provided in Section 80-2-905, an individual who is under 18 years old. See Utah Code 80-1-102
  • Contract: A legal written agreement that becomes binding when signed.
  • dependency: means a child who is without proper care through no fault of the child's parent, guardian, or custodian. See Utah Code 80-1-102
  • Division: means the Division of Child and Family Services created in Section 80-2-201. See Utah Code 80-2-102
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Guardian: means a person appointed by a court to make decisions regarding a minor, including the authority to consent to:
         (35)(a) marriage;
         (35)(b) enlistment in the armed forces;
         (35)(c) major medical, surgical, or psychiatric treatment; or
         (35)(d) legal custody, if legal custody is not vested in another individual, agency, or institution. See Utah Code 80-1-102
  • Neglect: means action or inaction causing:
              (58)(a)(i) abandonment of a child, except as provided in Chapter 4, Part 5, Safe Relinquishment of a Newborn Child;
              (58)(a)(ii) lack of proper parental care of a child by reason of the fault or habits of the parent, guardian, or custodian;
              (58)(a)(iii) failure or refusal of a parent, guardian, or custodian to provide proper or necessary subsistence or medical care, or any other care necessary for the child's health, safety, morals, or well-being;
              (58)(a)(iv) a child to be at risk of being neglected or abused because another child in the same home is neglected or abused;
              (58)(a)(v) abandonment of a child through an unregulated child custody transfer under Section 78B-24-203; or
              (58)(a)(vi) educational neglect. See Utah Code 80-1-102
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • Supported: means a finding by the Division of Child and Family Services based on the evidence available at the completion of an investigation, and separate consideration of each allegation made or identified during the investigation, that there is a reasonable basis to conclude that abuse, neglect, or dependency occurred. See Utah Code 80-1-102
  • Termination of parental rights: means the permanent elimination of all parental rights and duties, including residual parental rights and duties, by court order. See Utah Code 80-1-102
  • Vendor services: means services that a person provides under contract with the division. See Utah Code 80-2-801
     (1)(a) remove or facilitate the removal of a child from the child’s home;
     (1)(b) file a petition for removal of a child from the child’s home;
     (1)(c) file a petition for a child protective order;
     (1)(d) make a supported finding;
     (1)(e) seek a substantiated finding;
     (1)(f) file an abuse, neglect, or dependency petition, as defined in Section 80-3-102, or a petition alleging that a child is abandoned; or
     (1)(g) file a petition for termination of parental rights, as defined in Section 80-4-102.
(2)

     (2)(a) The division shall, to the extent that sufficient funds are available, use out-of-home services funds or division-designated post-adopt funds to provide services to a child who is adopted from the custody of the division, without requiring that the child’s parent terminate parental rights, or that the child’s parent or legal guardian transfer or surrender custodial rights, in order to receive the services.
     (2)(b) The division may not require, request, or recommend that a parent terminate parental rights, or that a parent or guardian transfer or surrender custodial rights, in order to receive services, using out-of-home services funds, for a child who is adopted from the custody of the division.
(3)

     (3)(a) If a parent or guardian of a child who is adopted from the custody of the division requests vendor services from the division, the division shall refer the parent or guardian to a provider of vendor services, at the parent’s or guardian’s expense, if:

          (3)(a)(i)

               (3)(a)(i)(A) the parent, guardian, or child is not eligible to receive the vendor services from the division; or
               (3)(a)(i)(B) the division does not have sufficient funds to provide the services to the parent, guardian, or child;
          (3)(a)(ii) the parent, guardian, or child does not have insurance or other funds available to receive the services without the referral; and
          (3)(a)(iii) the parent or guardian desires the referral.
     (3)(b) If the division awards, extends, or renews a contract with a vendor for vendor services, the division shall include in the contract a requirement that, if the division makes a referral under Subsection (3)(a), the vendor shall:

          (3)(b)(i) provide services to the parent, guardian, or child at a rate that does not exceed the rate that the vendor charges the division for the services; and
          (3)(b)(ii) may not charge the parent, guardian, or child any fee that the vendor does not charge the division.
(4) The division shall ensure that a child who is adopted and was previously in the division’s custody, continues to receive the medical and mental health coverage that the child is entitled to under state and federal law.

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