State Codes and Statutes
Statutes > Utah > Title-62a > Chapter-04a > 62a-4a-20162A-4a-201. Rights of parents -- Children's rights -- Interest and responsibility ofstate.
(1) (a) Under both the United States Constitution and the constitution of this state, aparent possesses a fundamental liberty interest in the care, custody, and management of theparent's children. A fundamentally fair process must be provided to parents if the state moves tochallenge or interfere with parental rights. A governmental entity must support any actions orallegations made in opposition to the rights and desires of a parent regarding the parent's childrenby sufficient evidence to satisfy a parent's constitutional entitlement to heightened protectionagainst government interference with the parent's fundamental rights and liberty interests.
(b) The fundamental liberty interest of a parent concerning the care, custody, andmanagement of the parent's children is recognized, protected, and does not cease to exist simplybecause a parent may fail to be a model parent or because the parent's child is placed in thetemporary custody of the state. At all times, a parent retains a vital interest in preventing theirretrievable destruction of family life. Prior to an adjudication of unfitness, government actionin relation to parents and their children may not exceed the least restrictive means or alternativesavailable to accomplish a compelling state interest. Until the state proves parental unfitness, thechild and the child's parents share a vital interest in preventing erroneous termination of theirnatural relationship and the state cannot presume that a child and the child's parents areadversaries.
(c) It is in the best interest and welfare of a child to be raised under the care andsupervision of the child's natural parents. A child's need for a normal family life in a permanenthome, and for positive, nurturing family relationships will usually best be met by the child'snatural parents. Additionally, the integrity of the family unit, and the right of parents to conceiveand raise their children have found protection in the due process clause of the FourteenthAmendment to the United States Constitution. The right of a fit, competent parent to raise theparent's child without undue government interference is a fundamental liberty interest that haslong been protected by the laws and Constitution of this state and of the United States.
(d) The state recognizes that:
(i) a parent has the right, obligation, responsibility, and authority to raise, manage, train,educate, provide for, and reasonably discipline the parent's children; and
(ii) the state's role is secondary and supportive to the primary role of a parent.
(e) It is the public policy of this state that parents retain the fundamental right and duty toexercise primary control over the care, supervision, upbringing, and education of their children.
(f) Subsections (2) through (7) shall be interpreted and applied consistent with thisSubsection (1).
(2) It is also the public policy of this state that children have the right to protection fromabuse and neglect, and that the state retains a compelling interest in investigating, prosecuting,and punishing abuse and neglect, as defined in this chapter, and in Title 78A, Chapter 6, JuvenileCourt Act of 1996. Therefore, the state, as parens patriae, has an interest in and responsibility toprotect children whose parents abuse them or do not adequately provide for their welfare. Theremay be circumstances where a parent's conduct or condition is a substantial departure from thenorm and the parent is unable or unwilling to render safe and proper parental care and protection. Under those circumstances, the state may take action for the welfare and protection of theparent's children.
(3) When the division intervenes on behalf of an abused, neglected, or dependent child, it
shall take into account the child's need for protection from immediate harm. Throughout itsinvolvement, the division shall utilize the least intrusive and least restrictive means available toprotect a child, in an effort to ensure that children are brought up in stable, permanent families,rather than in temporary foster placements under the supervision of the state.
(4) When circumstances within the family pose a threat to the child's immediate safety orwelfare, the division may obtain custody of the child for a planned period and place the child in asafe environment, in accordance with the requirements of Title 78A, Chapter 6, Part 3, Abuse,Neglect, and Dependency Proceedings.
(5) In determining and making "reasonable efforts" with regard to a child, pursuant to theprovisions of Section 62A-4a-203, both the division's and the court's paramount concern shall bethe child's health, safety, and welfare. The desires of a parent for the parent's child shall be givenfull and serious consideration by the division and the court.
(6) In cases where actual sexual abuse, sexual exploitation, abandonment, severe abuse,or severe neglect are established, the state has no duty to make "reasonable efforts" or to, in anyother way, attempt to maintain a child in the child's home, provide reunification services, or toattempt to rehabilitate the offending parent or parents. This Subsection (6) does not exempt thedivision from providing court-ordered services.
(7) (a) It is the division's obligation, under federal law, to achieve permanency forchildren who are abused, neglected, or dependent. If the use or continuation of "reasonableefforts," as described in Subsections (5) and (6), is determined to be inconsistent with thepermanency plan for a child, then measures shall be taken, in a timely manner, to place the childin accordance with the permanency plan, and to complete whatever steps are necessary to finalizethe permanent placement of the child.
(b) If, because of a parent's conduct or condition, the parent is determined to be unfit orincompetent based on the grounds for termination of parental rights described in Title 78A,Chapter 6, Part 5, Termination of Parental Rights Act, the welfare and best interest of the child isof paramount importance, and shall govern in determining whether that parent's rights should beterminated.
(8) The state's right to direct or intervene in the provision of medical or mental healthcare for a child is subject to Subsection 78A-6-117(2)(n).
Amended by Chapter 3, 2008 General Session
Amended by Chapter 299, 2008 General Session
