| (1) |
Because removal of a child from the child’s home affects protected, constitutional rights of the parent and has a dramatic, long-term impact on a child, the division shall:
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Terms Used In Utah Code 80-2a-302- Abuse: means :
| (i) | | (A) | nonaccidental harm of a child; |
| (B) | threatened harm of a child; |
| (E) | human trafficking of a child in violation of Section 76-5-308. See 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
- 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
- Neglect: means action or inaction causing:
| (i) | abandonment of a child, except as provided in 5; |
| (ii) | lack of proper parental care of a child by reason of the fault or habits of the parent, guardian, or custodian; |
| (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; |
| (iv) | a child to be at risk of being neglected or abused because another child in the same home is neglected or abused; |
| (v) | abandonment of a child through an unregulated child custody transfer under Section 78B-24-203; or |
| (vi) | educational neglect. See Utah Code 80-1-102- Severe abuse: means abuse that causes or threatens to cause serious harm to a child. See Utah Code 80-1-102
- Severe neglect: means neglect that causes or threatens to cause serious harm to a child. See Utah Code 80-1-102
- Sexual abuse: means :
| (a) | an act or attempted act of sexual intercourse, sodomy, incest, or molestation by an adult directed towards a child; |
| (b) | an act or attempted act of sexual intercourse, sodomy, incest, or molestation committed by a child towards another child if:| (i) | there is an indication of force or coercion; |
| (ii) | the children are related, as described in Subsection (39), including siblings by marriage while the marriage exists or by adoption; |
| (iii) | there have been repeated incidents of sexual contact between the two children, unless the children are 14 years old or older; or |
| (iv) | there is a disparity in chronological age of four or more years between the two children; |
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| (c) | engaging in any conduct with a child that would constitute an offense under any of the following, regardless of whether the individual who engages in the conduct is actually charged with, or convicted of, the offense:| (i) | 4, except for Section 76-5-401, if the alleged perpetrator of an offense described in Section 76-5-401 is a minor; |
| (ii) | child bigamy, Section 76-7-101. See Utah Code 80-1-102- Sexual exploitation: means knowingly:
| (a) | employing, using, persuading, inducing, enticing, or coercing any child to:| (i) | pose in the nude for the purpose of sexual arousal of any individual; or |
| (ii) | engage in any sexual or simulated sexual conduct for the purpose of photographing, filming, recording, or displaying in any way the sexual or simulated sexual conduct; |
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| (b) | displaying, distributing, possessing for the purpose of distribution, or selling material depicting a child:| (i) | in the nude, for the purpose of sexual arousal of any individual; or |
| (ii) | engaging in sexual or simulated sexual conduct; or |
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| (c) | engaging in any conduct that would constitute an offense under Section 76-5b-201, sexual exploitation of a minor, or Section 76-5b-201. 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
- Substitute care: means :
| (a) | the placement of a minor in a family home, group care facility, or other placement outside the minor's own home, either at the request of a parent or other responsible relative, or upon court order, when it is determined that continuation of care in the minor's own home would be contrary to the minor's welfare; |
| (b) | services provided for a minor in the protective custody of the Division of Child and Family Services, or a minor in the temporary custody or custody of the Division of Child and Family Services, as those terms are defined in Section 80-2-102; or |
| (c) | the licensing and supervision of a substitute care facility. See Utah Code 80-1-102 |
| (a) |
if possible and appropriate, without danger to the child’s welfare, make reasonable efforts to prevent or eliminate the need for removal of a child from the child’s home before the day on which the child is placed in substitute care; |
| (b) |
determine whether there is substantial cause to believe that a child has been or is in danger of abuse or neglect, in accordance with the guidelines described in Chapter 3, Abuse, Neglect, and Dependency Proceedings, before removing the child from the child’s home; and |
| (c) |
if possible and appropriate, and in accordance with the limitations and requirements of Sections 80-3-406 and 80-3-409, make reasonable efforts to make it possible for a child in substitute care to return to the child’s home. |
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| (2) |
| (a) |
In determining the reasonableness of efforts needed to maintain a child in the child’s home or to return a child to the child’s home, in accordance with Subsection (1)(a) or (c), the child’s health, safety, and welfare shall be the paramount concern. |
| (b) |
The division shall consider whether the efforts described in Subsections (1) and (2) are likely to prevent abuse or continued neglect of the child. |
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| (3) |
If removal and placement in substitute care is necessary to protect a child, the efforts described in Subsections (1) and (2):
| (a) |
are not reasonable or appropriate; and |
| (b) |
should not be utilized. |
|
| (4) |
Subject to Subsection (5), in cases where sexual abuse, sexual exploitation, abandonment, severe abuse, or severe neglect are involved, the state has no duty to make reasonable efforts to, in any way, attempt to:
| (a) |
maintain a child in the child’s home; |
| (b) |
provide reunification services; or |
| (c) |
rehabilitate the offending parent or parents. |
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| (5) |
Subsection (4) does not exempt the division from providing court ordered services. |
Renumbered and Amended by Chapter 334, 2022 General Session
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