Utah Code 80-3-406. Permanency plan — Reunification services

80-3-406. Permanency plan — Reunification services.

(1)

If the juvenile court orders continued removal at the dispositional hearing under Section 80-3-402, and that the minor remain in the custody of the division, the juvenile court shall first:

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Terms Used In Utah Code 80-3-406

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

Abused child: means a child who has been subjected to abuse. See Utah Code 80-1-102

Adjudication: means a finding by the court, incorporated in a decree, that the facts alleged in the petition have been proved. See Utah Code 80-1-102

Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.

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

Clandestine laboratory operation: means the same as that term is defined in Section 58-37d-3. 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

Department: means the Department of Health and Human Services created in Section 26B-1-201. See Utah Code 80-1-102

Dependent: A person dependent for support upon another.

Division: means the Division of Child and Family Services created in Section 80-2-201. See Utah Code 80-3-102

Evidence: 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.

Immediate family member: means a spouse, child, parent, sibling, grandparent, or grandchild. See Utah Code 80-3-102

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

Minor: means , except as provided in Sections 80-6-501, 80-6-901, and 80-7-102:

(a)	a child; or

(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;

(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

(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 80-1-102

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

Physical abuse: means abuse that results in physical injury or damage to a child. 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

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;

(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;

(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

(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

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

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

Termination 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

(a)

establish a primary permanency plan and a concurrent permanency plan for the minor in accordance with this section; and

(b)	determine whether, in view of the primary permanency plan, reunification services are appropriate for the minor and the minor’s family under Subsections (5) through (8).

(2)

(a)

The concurrent permanency plan shall include:

(i)	a representative list of the conditions under which the primary permanency plan will be abandoned in favor of the concurrent permanency plan; and

(ii)	an explanation of the effect of abandoning or modifying the primary permanency plan.

(b)

In determining the primary permanency plan and concurrent permanency plan, the juvenile court shall consider:

(i)	the preference for kinship placement over nonkinship placement, including the rebuttable presumption described in Subsection 80-3-302(7)(a);

(ii)	the potential for a guardianship placement if parental rights are terminated and no appropriate adoption placement is available; and

(iii)

the use of an individualized permanency plan, only as a last resort.

(3)

(a)	The juvenile court may amend a minor’s primary permanency plan before the establishment of a final permanency plan under Section 80-3-409.

(b)	The juvenile court is not limited to the terms of the concurrent permanency plan in the event that the primary permanency plan is abandoned.

(c)

If, at any time, the juvenile court determines that reunification is no longer a minor’s primary permanency plan, the juvenile court shall conduct a permanency hearing in accordance with Section 80-3-409 on or before the earlier of:

(i)	30 days after the day on which the juvenile court makes the determination described in this Subsection (3)(c); or

(ii)	the day on which the provision of reunification services, described in Section 80-3-409, ends.

(4)

(a)	Because of the state‘s interest in and responsibility to protect and provide permanency for minors who are abused, neglected, or dependent, the Legislature finds that a parent’s interest in receiving reunification services is limited.

(b)

The juvenile court may determine that:

(i)	efforts to reunify a minor with the minor’s family are not reasonable or appropriate, based on the individual circumstances; and

(ii)	reunification services should not be provided.

(c)	In determining reasonable efforts to be made with respect to a minor, and in making reasonable efforts, the juvenile court and the division shall consider the minor’s health, safety, and welfare as the paramount concern.

(5)

There is a presumption that reunification services should not be provided to a parent if the juvenile court finds, by clear and convincing evidence, that any of the following circumstances exist:

(a)	the whereabouts of the parents are unknown, based on a verified affidavit indicating that a reasonably diligent search has failed to locate the parent;

(b)	subject to Subsection (6)(a), the parent is suffering from a mental illness of such magnitude that the mental illness renders the parent incapable of utilizing reunification services;

(c)

the minor was previously adjudicated as an abused child due to physical abuse, sexual abuse, or sexual exploitation, and following the adjudication the child:

(i)	was removed from the custody of the minor’s parent;

(ii)	was subsequently returned to the custody of the parent; and

(iii)

is being removed due to additional physical abuse, sexual abuse, or sexual exploitation;

(d)

the parent:

(i)	caused the death of another minor through abuse or neglect;

(ii)

committed, aided, abetted, attempted, conspired, or solicited to commit:

(A)	murder or manslaughter of a minor; or

(B)	child abuse homicide;

(iii)

committed sexual abuse against the minor;

(iv)	is a registered sex offender or required to register as a sex offender; or

(v)

(A)	intentionally, knowingly, or recklessly causes the death of another parent of the minor;

(B)	is identified by a law enforcement agency as the primary suspect in an investigation for intentionally, knowingly, or recklessly causing the death of another parent of the minor; or

(C)	is being prosecuted for or has been convicted of intentionally, knowingly, or recklessly causing the death of another parent of the minor;

(e)	the minor suffered severe abuse by the parent or by any individual known by the parent if the parent knew or reasonably should have known that the individual was abusing the minor;

(f)	the minor is adjudicated as an abused minor as a result of severe abuse by the parent, and the juvenile court finds that it would not benefit the minor to pursue reunification services with the offending parent;

(g)	the parent’s rights are terminated with regard to any other minor;

(h)	the minor was removed from the minor’s home on at least two previous occasions and reunification services were offered or provided to the family at those times;

(i)	the parent has abandoned the minor for a period of six months or longer;

(j)	the parent permitted the minor to reside, on a permanent or temporary basis, at a location where the parent knew or should have known that a clandestine laboratory operation was located;

(k)

except as provided in Subsection (6)(b), with respect to a parent who is the minor’s birth mother, the minor has fetal alcohol syndrome, fetal alcohol spectrum disorder, or was exposed to an illegal or prescription drug that was abused by the minor’s mother while the minor was in utero, if the minor was taken into division custody for that reason, unless the mother agrees to enroll in, is currently enrolled in, or has recently and successfully completed a substance use disorder treatment program approved by the department; or

(l)	any other circumstance that the juvenile court determines should preclude reunification efforts or services.

(6)

(a)

The juvenile court shall base the finding under Subsection (5)(b) on competent evidence from at least two medical or mental health professionals, who are not associates, establishing that, even with the provision of services, the parent is not likely to be capable of adequately caring for the minor within 12 months after the day on which the juvenile court finding is made.

(b)	The juvenile court may disregard the provisions of Subsection (5)(k) if the juvenile court finds, under the circumstances of the case, that the substance use disorder treatment described in Subsection (5)(k) is not warranted.

(7)

In determining whether reunification services are appropriate, the juvenile court shall take into consideration:

(a)	failure of the parent to respond to previous services or comply with a previous child and family plan;

(b)	the fact that the minor was abused while the parent was under the influence of drugs or alcohol;

(c)	any history of violent behavior directed at the minor or an immediate family member;

(d)	whether a parent continues to live with an individual who abused the minor;

(e)	any patterns of the parent’s behavior that have exposed the minor to repeated abuse;

(f)	testimony by a competent professional that the parent’s behavior is unlikely to be successful; and

(g)	whether the parent has expressed an interest in reunification with the minor.

(8)	If, under Subsections (5)(b) through (l), the juvenile court does not order reunification services, a permanency hearing shall be conducted within 30 days in accordance with Section 80-3-409.

(9)

(a)

Subject to Subsections (9)(b) through (e), if the juvenile court determines that reunification services are appropriate for the minor and the minor’s family, the juvenile court shall provide for reasonable parent-time with the parent or parents from whose custody the minor was removed, unless parent-time is not in the best interest of the minor.

(b)

Parent-time is in the best interests of a minor unless the juvenile court makes a finding that it is necessary to deny parent-time in order to:

(i)	protect the physical safety of the minor;

(ii)	protect the life of the minor; or

(iii)

prevent the minor from being traumatized by contact with the parent due to the minor’s fear of the parent in light of the nature of the alleged abuse or neglect.

(c)

Notwithstanding Subsection (9)(a), a juvenile court may not deny parent-time based solely on a parent’s failure to:

(i)	prove that the parent has not used legal or illegal substances; or

(ii)	comply with an aspect of the child and family plan that is ordered by the juvenile court.

(d)

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 minor’s fear of the parent in light of the nature of the alleged abuse or neglect.

(e)

(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 (9)(e)(ii), prevent the child from being traumatized by contact with the parent.

(ii)

In determining whether the condition of the parent described in Subsection (9)(e)(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.

(10)

(a)	If the juvenile court determines that reunification services are appropriate, the juvenile court shall order that the division make reasonable efforts to provide services to the minor and the minor’s parent for the purpose of facilitating reunification of the family, for a specified period of time.

(b)	In providing the services described in Subsection (10)(a), the juvenile court and the division shall consider the minor’s health, safety, and welfare as the paramount concern.

(11)

In cases where sexual abuse, sexual exploitation, abandonment, severe abuse, or severe neglect are involved:

(a)	the juvenile court does not have any duty to order reunification services; and

(b)	the division does not have a duty to make reasonable efforts to or in any other way attempt to provide reunification services or attempt to rehabilitate the offending parent or parents.

(12)

(a)

The juvenile court shall:

(i)	determine whether the services offered or provided by the division under the child and family plan constitute reasonable efforts on the part of the division;

(ii)	determine and define the responsibilities of the parent under the child and family plan in accordance with Subsection 80-3-307(5)(g)(iii); and

(iii)

identify verbally on the record, or in a written document provided to the parties, the responsibilities described in Subsection (12)(a)(ii), for the purpose of assisting in any future determination regarding the provision of reasonable efforts, in accordance with state and federal law.

(b)

If the parent is in a substance use disorder treatment program, other than a certified drug court program, the juvenile court may order the parent:

(i)	to submit to supplementary drug or alcohol testing, in accordance with Subsection 80-3-110(6), in addition to the testing recommended by the parent’s substance use disorder program based on a finding of reasonable suspicion that the parent is abusing drugs or alcohol; and

(ii)	to provide the results of drug or alcohol testing recommended by the substance use disorder program to the juvenile court or division.

(13)

(a)	The time period for reunification services may not exceed 12 months from the day on which the minor was initially removed from the minor’s home, unless the time period is extended under Subsection 80-3-409(7).

(b)	This section does not entitle any parent to an entire 12 months of reunification services.

(14)

(a)	If reunification services are ordered, the juvenile court may terminate those services at any time.

(b)

If, at any time, continuation of reasonable efforts to reunify a minor is determined to be inconsistent with the final permanency plan for the minor established under Section 80-3-409, then measures shall be taken, in a timely manner, to:

(i)	place the minor in accordance with the final permanency plan; and

(ii)	complete whatever steps are necessary to finalize the permanent placement of the minor.

(15)	Any physical custody of the minor by the parent or a relative during the period described in Subsections (10) through (14) does not interrupt the running of the period.

(16)

(a)	If reunification services are ordered, the juvenile court shall conduct a permanency hearing in accordance with Section 80-3-409 before the day on which the time period for reunification services expires.

(b)	The permanency hearing shall be held no later than 12 months after the original removal of the minor.

(c)	If reunification services are not ordered, a permanency hearing shall be conducted within 30 days in accordance with Section 80-3-409.

(17)

With regard to a minor in the custody of the division whose parent or parents are ordered to receive reunification services but who have abandoned that minor for a period of six months from the day on which reunification services are ordered:

(a)	the juvenile court shall terminate reunification services; and

(b)	the division shall petition the juvenile court for termination of parental rights.

(18)

When a minor is under the custody of the division and has been separated from a sibling due to foster care or adoptive placement, a juvenile court may order sibling visitation, subject to the division obtaining consent from the sibling’s guardian, according to the juvenile court’s determination of the best interests of the minor for whom the hearing is held.

(19)

(a)	If reunification services are not ordered under this section, and the whereabouts of a parent becomes known within six months after the day on which the out-of-home placement of the minor is made, the juvenile court may order the division to provide reunification services.

(b)	The time limits described in this section are not tolled by the parent’s absence.

(20)

(a)	If a parent is incarcerated or institutionalized, the juvenile court shall order reasonable services unless the juvenile court determines that those services would be detrimental to the minor.

(b)

In making the determination described in Subsection (20)(a), the juvenile court shall consider:

(i)	the age of the minor;

(ii)	the degree of parent-child bonding;

(iii)

the length of the sentence;

(iv)	the nature of the treatment;

(v)	the nature of the crime or illness;

(vi)	the degree of detriment to the minor if services are not offered;

(vii)

for a minor who is 10 years old or older, the minor’s attitude toward the implementation of family reunification services; and

(viii)

any other appropriate factors.

(c)	Reunification services for an incarcerated parent are subject to the time limitations imposed in this section.

(d)	Reunification services for an institutionalized parent are subject to the time limitations imposed in this section, unless the juvenile court determines that continued reunification services would be in the minor’s best interest.

Amended by Chapter 320, 2023 General Session

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