| (1) |
For purposes of this section, “abandoned infant” means a child who is 12 months old or younger and whose parent or parents:
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Terms Used In Utah Code 80-4-203- Abuse: means :
| (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 80-1-102- 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
- Division: means the Division of Child and Family Services created in Section 80-2-201. See Utah Code 80-4-102
- Legal 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 80-1-102- Natural parent: includes the minor's noncustodial parent. See Utah Code 80-1-102
- Petition for termination of parental rights: means a petition filed in accordance with this chapter to terminate the parental rights of a parent. See Utah Code 80-4-102
- 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- 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
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| (a) |
although having legal custody of the child, fail to maintain physical custody of the child without making arrangements for the care of the child; |
| (b) |
have failed to:
| (i) |
maintain physical custody; and |
| (ii) |
exhibit the normal interest of a natural parent without just cause; or |
|
| (c) |
are unwilling to have physical custody of the child. |
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| (2) |
Except as provided in Subsection (3), notwithstanding any other provision of this chapter, Chapter 2, Child Welfare Services, or Chapter 2a, Removal and Protective Custody of a Child, the division shall file a petition for termination of parental rights with regard to:
| (a) |
an abandoned infant; or |
| (b) |
the child of a parent, whenever a court has determined that the parent has:
| (i) |
committed murder or child abuse homicide of another child of that parent; |
| (ii) |
committed manslaughter of another child of that parent; |
| (iii) |
aided, abetted, attempted, conspired, or solicited to commit murder, child abuse homicide, or manslaughter against another child of that parent; or |
| (iv) |
committed a felony assault or abuse that results in serious physical injury to:
| (A) |
another child of that parent; or |
| (B) |
the other parent of the child. |
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| (3) |
The division is not required to file a petition for termination of parental rights under Subsection (2) if:
| (a) |
the child is being cared for by a relative; |
| (b) |
the division has:
| (i) |
documented in the child’s child and family plan a compelling reason for determining that filing a petition for termination of parental rights is not in the child’s best interest; and |
| (ii) |
made that child and family plan available to the juvenile court for the juvenile court’s review; or |
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| (c) |
| (i) |
the juvenile court has previously determined, in accordance with the provisions and limitations of Sections 80-2a-201, 80-2a-302, 80-3-301, and 80-3-406, that reasonable efforts to reunify the child with the child’s parent or parents were required; and |
| (ii) |
the division has not provided, within the time period specified in the child and family plan, services that had been determined to be necessary for the safe return of the child. |
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Amended by Chapter 335, 2022 General Session
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