80-4-402. Hearing on petition to restore parental rights.
| (1) |
The juvenile court may restore a parent’s parental rights if:
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Terms Used In Utah Code 80-4-402- 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
- 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.
- 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
- Temporary custody: means the same as that term is defined in Section 80-2-102. 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) |
the child meets the requirements of Subsection 80-4-401(1); |
| (b) |
considering the age and maturity of the child, the child consents to the restoration; |
| (c) |
the former parent consents to the restoration; and |
| (d) |
the juvenile court finds by clear and convincing evidence that restoration is in the best interest of the child. |
|
| (2) |
In determining whether reunification under this section is appropriate and in the best interest of the child, the juvenile court shall consider:
| (a) |
whether the former parent has been sufficiently rehabilitated from the behavior that resulted in the termination of parental rights; |
| (b) |
extended family support for the former parent; and |
| (c) |
other material changes of circumstances, if any, that may have occurred that warrant the granting of the motion. |
|
| (3) |
At the hearing on a petition to restore parental rights, if the former parent consents and if the juvenile court finds by clear and convincing evidence that it is in the best interest of the child, the juvenile court may:
| (a) |
allow contact between the former parent and the child, and describe the conditions under which contact may take place; |
| (b) |
order that the child be placed with the former parent, in a temporary custody and guardianship relationship, to be reevaluated after the child has been placed with the former parent for six months; or |
| (c) |
restore the parental rights of the parent. |
|
| (4) |
If the juvenile court orders the child to be placed in the physical custody of the former parent under Subsection (3), the juvenile court shall specify in the order:
| (a) |
whether that custody is subject to:
| (i) |
continued evaluation by the court; or |
| (ii) |
the supervision of the division; and |
|
| (b) |
the terms and conditions of reunification. |
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Renumbered and Amended by Chapter 261, 2021 General Session
