80-4-401. Petition to restore parental rights — Division duties.
| (1) |
A child, who is 12 years old or older, or an authorized representative acting on behalf of a child of any age, may file a petition to restore parental rights if:
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Terms Used In Utah Code 80-4-401- Child: means , except as provided in Section 80-2-905, an individual who is under 18 years old. 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
- Former parent: means an individual whose legal parental rights were terminated under this chapter. See Utah Code 80-4-102
- Petition to restore parental rights: means a petition filed in accordance with this chapter to restore the rights of a parent with regard to a child. See Utah Code 80-4-102
- 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
| (a) |
24 months have passed since the day on which the juvenile court ordered termination of the former parent‘s parental rights; and |
| (b) |
the child:
| (i) |
has not been adopted and is not in an adoptive placement, or is unlikely to be adopted before the child is 18 years old; or |
| (ii) |
was previously adopted following a termination of parental rights, but the adoption failed and the child was returned to the custody of the division. |
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| (2) |
The petition to restore parental rights shall be:
| (a) |
filed in the juvenile court that previously terminated parental rights; and |
| (b) |
served on the division. |
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| (3) |
The division shall notify and inform a child who is 12 years old or older and who qualifies for restoration of parental rights under Subsection (1) that the child is eligible to file a petition to restore parental rights under this part. |
| (4) |
Upon the receipt of a petition to restore parental rights, filed by a child or an authorized representative acting on behalf of a child, the division shall:
| (a) |
make a diligent effort to locate the former parent whose rights may be restored under this part; and |
| (b) |
if the former parent is found, as described in Subsection (4)(a), notify the former parent of:
| (i) |
the legal effects of restoration; and |
| (ii) |
the time and date of the hearing on the petition to restore parental rights. |
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| (5) |
The juvenile court shall set a hearing on the petition to restore parental rights at least 30 days, but no more than 60 days, after the day on which the petition to restore parental rights is filed with the juvenile court. |
| (6) |
Before the hearing described in Subsection (5), the division may submit a confidential report to the juvenile court that includes the following information:
| (a) |
material changes in circumstances since the termination of parental rights; |
| (b) |
a summary of the reasons why parental rights were terminated; |
| (c) |
the date on which parental rights were terminated; |
| (d) |
the willingness of the former parent to resume contact with the child and have parental rights restored; |
| (e) |
the ability of the former parent to be involved in the life of the child and accept physical custody of, and responsibility for, the child; and |
| (f) |
any other information the division reasonably considers appropriate and determinative. |
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| (7) |
| (a) |
A former parent who remedies the circumstances that resulted in the termination of the former parent’s parental rights and who is capable of exercising proper and effective parental care, shall notify the division that if the circumstances described in Subsection (1) are established, the former parent desires and requests to have the former parent’s parental rights restored. |
| (b) |
The former parent’s request to the division shall be fully and fairly considered by the division for appropriate submittal to the court. |
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Renumbered and Amended by Chapter 261, 2021 General Session
