80-3-307.  Child and family plan developed by division — Parent-time and relative visitation.

(1)  The division shall develop and finalize a child‘s child and family plan no more than 45 days after the day on which the child enters the temporary custody of the division.

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Terms Used In Utah Code 80-3-307

  • Abuse: means :
(i) 
(A) nonaccidental harm of a child;
(B) threatened harm of a child;
(C) sexual exploitation;
(D) sexual abuse; or
(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
  • Child and family plan: means a written agreement between a child's parents or guardian and the Division of Child and Family Services as described in Section 80-3-307. See Utah Code 80-1-102
  • Custody: means the same as that term is defined in Section 80-2-102. See Utah Code 80-3-102
  • Division: means the Division of Child and Family Services created in Section 80-2-201. See Utah Code 80-3-102
  • 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:
    (a) marriage;
    (b) enlistment in the armed forces;
    (c) major medical, surgical, or psychiatric treatment; or
    (d) legal custody, if legal custody is not vested in another individual, agency, or institution. See Utah Code 80-1-102
  • Guardian ad litem: means the same as that term is defined in Section 78A-2-801. See Utah Code 80-1-102
  • Mental illness: means :
    (a) a psychiatric disorder that substantially impairs an individual's mental, emotional, behavioral, or related functioning; or
    (b) the same as that term is defined in:
    (i) the current edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association; or
    (ii) the current edition of the International Statistical Classification of Diseases and Related Health Problems. See Utah Code 80-1-102
  • Natural parent: includes the minor's noncustodial parent. 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
  • Person: means :Utah Code 68-3-12.5
  • Protective custody: means the shelter of a child by the Division of Child and Family Services from the time the child is removed from the home until the earlier of:
    (a) the day on which the shelter hearing is held under Section 80-3-301; or
    (b) the day on which the child is returned home. See Utah Code 80-1-102
  • Relative: 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 80-3-102
  • Sibling: means the same as that term is defined in Section 80-2-102. See Utah Code 80-3-102
  • Sibling visitation: means the same as that term is defined in Section 80-2-102. See Utah Code 80-3-102
  • 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
  • Temporary custody: means the same as that term is defined in Section 80-2-102. See Utah Code 80-3-102
    • (2) 

    (a)  The division may use an interdisciplinary team approach in developing a child and family plan.

    (b)  The interdisciplinary team described in Subsection (2)(a) may include representatives from the following fields:

    (i)  mental health;

    (ii)  education; or

    (iii)  if appropriate, law enforcement.

    (3) 

    (a)  The division shall involve all of the following in the development of a child’s child and family plan:

    (i)  both of the child’s natural parents, unless the whereabouts of a parent are unknown;

    (ii)  the child;

    (iii)  the child’s foster parents; and

    (iv)  if appropriate, the child’s stepparent.

    (b)  Subsection (3)(a) does not prohibit any other party not listed in Subsection (3)(a) or a party’s counsel from being involved in the development of a child’s child and family plan if the party or counsel’s participation is otherwise permitted by law.

    (c)  In relation to all information considered by the division in developing a child and family plan, the division shall give additional weight and attention to the input of the child’s natural and foster parents upon the involvement of the child’s natural and foster parents under Subsections (3)(a)(i) and (iii).

    (d) 

    (i)  The division shall make a substantial effort to develop a child and family plan with which the child’s parents agree.

    (ii)  If a parent does not agree with a child and family plan:

    (A)  the division shall strive to resolve the disagreement between the division and the parent; and

    (B)  if the disagreement is not resolved, the division shall inform the court of the disagreement.

    (4)  A copy of the child and family plan shall, immediately upon completion, or as soon as reasonably possible thereafter, be provided to:

    (a)  the guardian ad litem;

    (b)  the child’s natural parents; and

    (c)  the child’s foster parents.

    (5)  A child and family plan shall:

    (a)  specifically provide for the safety of the child, in accordance with federal law;

    (b)  clearly define what actions or precautions will, or may be, necessary to provide for the health, safety, protection, and welfare of the child;

    (c)  be specific to each child and the child’s family, rather than general;

    (d)  include individualized expectations and contain specific time frames;

    (e)  except as provided in Subsection (6), address problems that:

    (i)  keep a child in the child’s placement; and

    (ii)  keep a child from achieving permanence in the child’s life;

    (f)  be designed to:

    (i)  minimize disruption to the normal activities of the child’s family, including employment and school; and

    (ii)  as much as practicable, help the child’s parent maintain or obtain employment; and

    (g)  set forth, with specificity, at least the following:

    (i)  the reason the child entered into protective custody or the division’s temporary custody or custody;

    (ii)  documentation of:

    (A)  the reasonable efforts made to prevent placement of the child in protective custody or the division’s temporary custody or custody; or

    (B)  the emergency situation that existed and that prevented the reasonable efforts described in Subsection (5)(g)(ii)(A), from being made;

    (iii)  the primary permanency plan for the child, as described in Section 80-3-406, and the reason for selection of the plan;

    (iv)  the concurrent permanency plan for the child, as described in Section 80-3-406, and the reason for the selection of the plan;

    (v)  if the plan is for the child to return to the child’s family:

    (A)  specifically what the parents must do in order to enable the child to be returned home;

    (B)  specifically how the requirements described in Subsection (5)(g)(v)(A) may be accomplished; and

    (C)  how the requirements described in Subsection (5)(g)(v)(A) will be measured;

    (vi)  the specific services needed to reduce the problems that necessitated placing the child in protective custody or the division’s temporary custody or custody;

    (vii)  the name of the individual who will provide for and be responsible for case management for the division;

    (viii)  subject to Subsection (10), a parent-time schedule between the natural parent and the child;

    (ix)  subject to Subsection (7), the health and mental health care to be provided to address any known or diagnosed mental health needs of the child;

    (x)  if residential treatment rather than a foster home is the proposed placement, a requirement for a specialized assessment of the child’s health needs including an assessment of mental illness and behavior and conduct disorders;

    (xi)  social summaries that include case history information pertinent to case planning; and

    (xii)  subject to Subsection (12), a sibling visitation schedule.

    (6)  For purposes of Subsection (5)(e), a child and family plan may only include requirements that:

    (a)  address findings made by the court; or

    (b) 

    (i)  are requested or consented to by a parent or guardian of the child; and

    (ii)  are agreed to by the division and the guardian ad litem.

    (7) 

    (a)  Subject to Subsection (7)(b), in addition to the information required under Subsection (5)(g)(ix), a child and family plan shall include a specialized assessment of the medical and mental health needs of a child, if the child:

    (i)  is placed in residential treatment; and

    (ii)  has medical or mental health issues that need to be addressed.

    (b)  Notwithstanding Subsection (7)(a), a parent shall retain the right to seek a separate medical or mental health diagnosis of the parent’s child from a licensed practitioner of the parent’s choice.

    (8) 

    (a)  The division shall train the division’s employees to develop child and family plans that comply with:

    (i)  federal mandates; and

    (ii)  the specific needs of the particular child and the child’s family.

    (b)  The child’s natural parents, foster parents, and if appropriate, stepparents, shall be kept informed of and supported to participate in important meetings and procedures related to the child’s placement.

    (9)  If the division documents to the court that there is a compelling reason that adoption, reunification, guardianship, and a placement described in Subsection 80-3-301(6)(e) are not in the child’s best interest, the court may order another planned permanent living arrangement in accordance with federal law.

    (10) 

    (a)  Except as provided in Subsection (10)(b), parent-time may only be denied by a court order issued in accordance with Subsection 80-3-406(9).

    (b)  Notwithstanding Subsection (10)(a), the person designated by the division or a court to supervise a parent-time session may deny parent-time for the session if the supervising person determines that, based on the parent’s condition, it is necessary to deny parent-time to:

    (i)  protect the physical safety of the child;

    (ii)  protect the life of the child; or

    (iii)  consistent with Subsection (10)(c), prevent the child from being traumatized by contact with the parent.

    (c)  In determining whether the condition of the parent described in Subsection (10)(b) will traumatize a child, the person supervising the parent-time session shall consider the impact that the parent’s condition will have on the child in light of:

    (i)  the child’s fear of the parent; and

    (ii)  the nature of the alleged abuse or neglect.

    (11)  If a child is in the division’s temporary custody or custody, the division shall consider visitation with the child’s grandparent if:

    (a)  the division determines the visitation to be in the best interest of the child;

    (b)  there are no safety concerns regarding the behavior or criminal background of the grandparent;

    (c)  allowing the grandparent visitation would not compete with or undermine the child’s reunification plan;

    (d)  there is a substantial relationship between the grandparent and child; and

    (e)  the grandparent visitation will not unduly burden the foster parents.

    (12) 

    (a)  The division shall incorporate into the child and family plan reasonable efforts to provide sibling visitation if:

    (i)  siblings are separated due to foster care or adoptive placement;

    (ii)  the sibling visitation is in the best interest of the child for whom the child and family plan is developed; and

    (iii)  the division has consent for sibling visitation from the guardian of the sibling.

    (b)  The division shall obtain consent for sibling visitation from the sibling’s guardian if the criteria of Subsections (12)(a)(i) and (ii) are met.

    Amended by Chapter 309, 2023 General Session
    Amended by Chapter 320, 2023 General Session

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