| (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 80-1-102committed: means , unless specified otherwise:| (a) | with respect to a child, to transfer legal custody; and |
| (b) | with respect to a minor who is at least 18 years old, to transfer custody. See Utah Code 80-1-102Custody: means the same as that term is defined in Section 80-2-102. See Utah Code 80-3-102Department: means the Department of Health and Human Services created in Section 26B-1-201. 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 80-1-102Dependent: A person dependent for support upon another.Detention: means home detention or secure detention. See Utah Code 80-1-102Division: means the Division of Child and Family Services created in Section 80-2-201. See Utah Code 80-3-102Guardian: 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:| (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 80-1-102Harm: means :| (a) | physical or developmental injury or damage; |
| (b) | emotional damage that results in a serious impairment in the child's growth, development, behavior, or psychological functioning; |
| (d) | sexual exploitation. See Utah Code 80-1-102Intellectual disability: means a significant subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior that constitutes a substantial limitation to the individual's ability to function in society. See Utah Code 80-1-102Legal custody: means a relationship embodying:| (a) | the right to physical custody of the minor; |
| (b) | the right and duty to protect, train, and discipline the minor; |
| (c) | the duty to provide the minor with food, clothing, shelter, education, and ordinary medical care; |
| (d) | the right to determine where and with whom the minor shall live; and |
| (e) | the right, in an emergency, to authorize surgery or other extraordinary care. See Utah Code 80-1-102Minor: means , except as provided in Sections 80-6-501, 80-6-901, and 80-7-102:| (b) | an individual:| (i) | | (A) | who is at least 18 years old and younger than 21 years old; and |
| (B) | for whom the Division of Child and Family Services has been specifically ordered by the juvenile court to provide services because the individual was an abused, neglected, or dependent child or because the individual was adjudicated for an offense; |
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| (ii) | | (A) | who is at least 18 years old and younger than 25 years old; and |
| (B) | whose case is under the jurisdiction of the juvenile court in accordance with Subsection 78A-6-103(1)(b); or |
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| (iii) | | (A) | who is at least 18 years old and younger than 21 years old; and |
| (B) | whose case is under the jurisdiction of the juvenile court in accordance with Subsection 78A-6-103(1)(c). See Utah Code 80-1-102Neglect: 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 68-3-12.5Relative: 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 80-3-102Secure care: means placement of a minor, who is committed to the Division of Juvenile Justice and Youth Services for rehabilitation, in a facility operated by, or under contract with, the Division of Juvenile Justice and Youth Services, that provides 24-hour supervision and confinement of the minor. See Utah Code 80-1-102State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5Therapist: means :| (a) | an individual employed by a state division or agency for the purpose of conducting psychological treatment and counseling of a minor in the division's or agency's custody; or |
| (b) | any other individual licensed or approved by the state for the purpose of conducting psychological treatment and counseling. See Utah Code 80-1-102Ungovernable: means a child in conflict with a parent or guardian, and the conflict:| (a) | results in behavior that is beyond the control or ability of the child, or the parent or guardian, to manage effectively; |
| (b) | poses a threat to the safety or well-being of the child, the child's family, or others; or |
| (c) | results in the situations described in Subsections (93)(a) and (b). See Utah Code 80-1-102 |
| (2) |
| (a) |
| (i) |
The juvenile court may vest custody of an abused, neglected, or dependent minor in the division or any other appropriate person, with or without court-specified child welfare services, in accordance with the requirements and procedures of this chapter. |
| (ii) |
When placing a minor in the custody of the division or any other appropriate person, the juvenile court:
| (A) |
shall give primary consideration to the welfare of the minor; |
| (B) |
shall give due consideration to the rights of the parent or parents concerning the minor; and |
| (C) |
when practicable, may take into consideration the religious preferences of the minor and of the minor’s parents or guardian. |
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| (b) |
| (i) |
The juvenile court may appoint a guardian for the minor if it appears necessary in the interest of the minor. |
| (ii) |
A guardian appointed under Subsection (2)(b)(i) may be a public or private institution or agency, but not a nonsecure residential placement provider, in which legal custody of the minor is vested. |
| (iii) |
When placing a minor under the guardianship of an individual or of a private agency or institution, the juvenile court:
| (A) |
shall give primary consideration to the welfare of the minor; and |
| (B) |
when practicable, may take into consideration the religious preferences of the minor and of the minor’s parents or guardian. |
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| (c) |
The juvenile court may order:
| (i) |
protective supervision; |
| (ii) |
family preservation; |
| (iii) |
sibling visitation; or |
|
| (d) |
| (i) |
If a minor has been placed with an individual or relative as a result of an adjudication under this chapter, the juvenile court may enter an order of permanent legal custody and guardianship with the individual or relative of the minor. |
| (ii) |
If a juvenile court enters an order of permanent custody and guardianship with an individual or relative of a minor under Subsection (2)(d)(i), the juvenile court may, in accordance with Section 78A-6-356, enter an order for child support on behalf of the minor against the natural parents of the minor. |
| (iii) |
An order under this Subsection (2)(d):
| (A) |
shall remain in effect until the minor is 18 years old; |
| (B) |
is not subject to review under Section 78A-6-358; and |
| (C) |
may be modified by petition or motion as provided in Section 78A-6-357. |
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| (e) |
The juvenile court may order a child be committed to the physical custody, as defined in Section 26B-5-401, of a local mental health authority, in accordance with the procedures and requirements of 4. |
| (f) |
| (i) |
If the child has an intellectual disability, the juvenile court may make an order committing a minor to the Utah State Developmental Center in accordance with 6. |
| (ii) |
The juvenile court shall follow the procedure applicable in the district court with respect to judicial commitments to the Utah State Developmental Center when ordering a commitment under Subsection (2)(f)(i). |
|
| (g) |
| (i) |
Subject to Subsection 80-1-102(58)(b) and Section 80-3-304, the juvenile court may order that a minor:
| (A) |
be examined or treated by a mental health therapist, as described in Section 80-3-109; or |
| (B) |
receive other special care. |
|
| (ii) |
For purposes of receiving the examination, treatment, or care described in Subsection (2)(g)(i), the juvenile court may place the minor in a hospital or other suitable facility that is not secure care or secure detention. |
| (iii) |
In determining whether to order the examination, treatment, or care described in Subsection (2)(g)(i), the juvenile court shall consider:
| (A) |
the desires of the minor; |
| (B) |
the desires of the parent or guardian of the minor if the minor is younger than 18 years old; and |
| (C) |
whether the potential benefits of the examination, treatment, or care outweigh the potential risks and side-effects, including behavioral disturbances, suicidal ideation, brain function impairment, or emotional or physical harm resulting from the compulsory nature of the examination, treatment, or care. |
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| (h) |
The juvenile court may make other reasonable orders for the best interest of the minor. |
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| (3) |
| (a) |
At the dispositional hearing described in Subsection 80-3-402(3), if 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. |
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| (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 (3)(c)(ii), prevent the child from being traumatized by contact with the parent. |
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| (ii) |
In determining whether the condition of the parent described in Subsection (3)(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. |
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| (4) |
Upon an adjudication under this chapter, the juvenile court may not:
| (a) |
commit a minor solely on the ground of abuse, neglect, or dependency to the Division of Juvenile Justice and Youth Services; |
| (b) |
assume the function of developing foster home services; or |
| (c) |
vest legal custody of an abused, neglected, or dependent minor in the division to primarily address the minor’s ungovernable or other behavior, mental health, or disability, unless the division:
| (i) |
engages other relevant divisions within the department that are conducting an assessment of the minor and the minor’s family’s needs; |
| (ii) |
based on the assessment described in Subsection (4)(c)(i), determines that vesting custody of the minor in the division is the least restrictive intervention for the minor that meets the minor’s needs; and |
| (iii) |
consents to legal custody of the minor being vested in the division. |
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| (5) |
The juvenile court may combine the dispositions listed in Subsection (2) if combining the dispositions is permissible and the dispositions are compatible. |
| (6) |
| (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 |
|
| (b) |
Nothing in this section affects the ability of a foster parent to petition the juvenile court under Subsection 80-3-502(3). |
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Amended by Chapter 309, 2023 General Session
Amended by Chapter 320, 2023 General Session
Amended by Chapter 330, 2023 General Session
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