| (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 80-1-102Adjudication: means a finding by the court, incorporated in a decree, that the facts alleged in the petition have been proved. See Utah Code 80-1-102Child: means , except as provided in Section 80-2-905, an individual who is under 18 years old. See Utah Code 80-1-102dependency: means a child who is without proper care through no fault of the child's parent, guardian, or custodian. See Utah Code 80-1-102Division: means the Division of Child and Family Services created in Section 80-2-201. See Utah Code 80-3-102Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.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 80-1-102Person: means :Utah Code 68-3-12.5State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5Termination 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 |
| (2) |
| (a) |
If, at the adjudication hearing, a child remains in an out-of-home placement, the juvenile court shall:
| (i) |
make specific findings regarding the conditions of parent-time that are in the child’s best interest; and |
| (ii) |
if parent-time is denied, state the facts that justify the denial. |
|
| (b) |
Parent-time shall be under the least restrictive conditions necessary to:
| (i) |
protect the physical safety of the child; or |
| (ii) |
prevent the child from being traumatized by contact with the parent due to the child’s fear of the parent in light of the nature of the alleged abuse or neglect. |
|
| (c) |
| (i) |
The division or the person designated by the division or a court to supervise a parent-time session may deny parent-time for the session if the division or the supervising person determines that, based on the parent’s condition, it is necessary to deny parent-time to:
| (A) |
protect the physical safety of the child; |
| (B) |
protect the life of the child; or |
| (C) |
consistent with Subsection (2)(c)(ii), prevent the child from being traumatized by contact with the parent. |
|
| (ii) |
In determining whether the condition of the parent described in Subsection (2)(c)(i) will traumatize a child, the division or the person supervising the parent-time session shall consider the impact that the parent’s condition will have on the child in light of:
| (A) |
the child’s fear of the parent; and |
| (B) |
the nature of the alleged abuse or neglect. |
|
|
|
| (3) |
The dispositional hearing may be held on the same date as the adjudication hearing, but shall be held no later than 30 calendar days after the day on which the adjudication hearing is held. |
| (4) |
At the adjudication hearing or the dispositional hearing, the juvenile court shall schedule dates and times for:
| (a) |
the six-month periodic review; and |
| (b) |
the permanency hearing. |
|
| (5) |
If an abuse, neglect, or dependency petition is filed under this chapter and a petition for termination of parental rights is filed under Section 80-4-201, before the day on which a dispositional hearing is held on the abuse, neglect, or dependency petition, a party may request a hearing on whether reunification services are appropriate in accordance with the factors described in Subsections 80-3-406(5) and (7). |
Amended by Chapter 320, 2023 General Session
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