| (b) | is not the natural parent of the child. See Utah Code 80-3-102Relative: means an adult who:| (a) | is the child's grandparent, great grandparent, aunt, great aunt, uncle, great uncle, brother-in-law, sister-in-law, stepparent, first cousin, stepsibling, or sibling; |
| (b) | is a first cousin of the child's parent; |
| (c) | is a permanent guardian or natural parent of the child's sibling; or |
| (d) | in the case of a child who is an Indian child, is an extended family member as defined in the Indian Child Welfare Act, 25 U. See Utah Code 80-3-102State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5Temporary custody: means the same as that term is defined in Section 80-2-102. See Utah Code 80-3-102 |
| (2) |
In placing a child under Subsection (1), the division:
| (a) |
except as provided in Subsections (2)(b) and (e), shall comply with the applicable background check provisions described in Section 80-3-302; |
| (b) |
is not required to receive approval from the juvenile court before making the placement; |
| (c) |
shall consider the preferential consideration and rebuttable presumption described in Subsection 80-3-302(7)(a); |
| (d) |
shall, within three days, excluding weekends and holidays, after the day on which the placement is made, give written notice to the juvenile court, and the parties to the proceedings, that the placement has been made; |
| (e) |
may place the child with a noncustodial parent, relative, or friend, using the same criteria established for an emergency placement under Section 80-2a-301, pending the results of:
| (ii) |
evaluation with the noncustodial parent, relative, or friend to determine the individual’s capacity to provide ongoing care to the child; and |
|
| (f) |
shall take into consideration the will of the child, if the child is of sufficient maturity to articulate the child’s wishes in relation to the child’s placement. |
|
| (3) |
If the division’s placement decision differs from a child’s express wishes and the child is of sufficient maturity to state the child’s wishes in relation to the child’s placement, the division shall:
| (a) |
make written findings explaining why the division’s decision differs from the child’s wishes; and |
| (b) |
provide the written findings to the juvenile court and the child’s attorney guardian ad litem. |
|
| (4) |
| (a) |
If, for a relative placement, an interstate placement requested under the Interstate Compact on the Placement of Children has been initiated by the division or is ordered by or pending before the juvenile court, the court may not finalize a non-relative placement unless the court gives due weight to:
| (i) |
the preferential consideration granted to a relative in Section 80-3-302; |
| (ii) |
the rebuttable presumption in Section 80-3-302; and |
| (iii) |
the division’s placement authority under Subsections 80-1-102(50) and 80-3-303(1). |
|
| (b) |
Nothing in this section affects the ability of a foster parent to petition the juvenile court under Subsection 80-3-502(3). |
|
Amended by Chapter 309, 2023 General Session
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