State Codes and Statutes
Statutes > Utah > Title-78a > Chapter-06 > 78a-6-31278A-6-312. Dispositional hearing -- Reunification services -- Exceptions.
(1) The court may:
(a) make any of the dispositions described in Section 78A-6-117;
(b) place the minor in the custody or guardianship of any:
(i) individual; or
(ii) public or private entity or agency; or
(c) order:
(i) protective supervision;
(ii) family preservation;
(iii) subject to Subsection 78A-6-117(2)(n)(iii), medical or mental health treatment; or
(iv) other services.
(2) (a) (i) Whenever the court orders continued removal at the dispositional hearing, andthat the minor remain in the custody of the division, the court shall first:
(A) establish a primary permanency goal for the minor; and
(B) determine whether, in view of the primary permanency goal, reunification servicesare appropriate for the minor and the minor's family, pursuant to Subsection (3).
(ii) Subject to Subsection (2)(b), if the court determines that reunification services areappropriate for the minor and the minor's family, the court shall provide for reasonableparent-time with the parent or parents from whose custody the minor was removed, unlessparent-time is not in the best interest of the minor.
(iii) (A) In cases where obvious sexual abuse, sexual exploitation, abandonment, severeabuse, or severe neglect are involved, neither the division nor the court has any duty to make"reasonable efforts" or to, in any other way, attempt to provide reunification services, or toattempt to rehabilitate the offending parent or parents.
(B) In all cases, the minor's health, safety, and welfare shall be the court's paramountconcern in determining whether reasonable efforts to reunify should be made.
(b) (i) For purposes of Subsection (2)(a)(ii), parent-time is in the best interests of a minorunless the court makes a finding that it is necessary to deny parent-time in order to:
(A) protect the physical safety of the minor;
(B) protect the life of the minor; or
(C) prevent the minor from being traumatized by contact with the parent due to theminor's fear of the parent in light of the nature of the alleged abuse or neglect.
(ii) Notwithstanding Subsection (2)(a)(ii), a court may not deny parent-time based solelyon a parent's failure to:
(A) prove that the parent has not used legal or illegal substances; or
(B) comply with an aspect of the child and family plan that is ordered by the court.
(c) (i) In addition to the primary permanency goal, the court shall establish a concurrentpermanency goal that shall include:
(A) a representative list of the conditions under which the primary permanency goal willbe abandoned in favor of the concurrent permanency goal; and
(B) an explanation of the effect of abandoning or modifying the primary permanencygoal.
(ii) A permanency hearing shall be conducted in accordance with Subsection78A-6-314(1)(b) within 30 days after the day on which the dispositional hearing ends ifsomething other than reunification is initially established as a minor's primary permanency goal.
(iii) (A) The court may amend a minor's primary permanency goal before theestablishment of a final permanency plan under Section 78A-6-314.
(B) The court is not limited to the terms of the concurrent permanency goal in the eventthat the primary permanency goal is abandoned.
(C) If, at any time, the court determines that reunification is no longer a minor's primarypermanency goal, the court shall conduct a permanency hearing in accordance with Section78A-6-314 on or before the earlier of:
(I) 30 days after the day on which the court makes the determination described in thisSubsection (2)(c)(iii)(C); or
(II) the day on which the provision of reunification services, described in Section78A-6-314, ends.
(d) (i) (A) If the court determines that reunification services are appropriate, it shall orderthat the division make reasonable efforts to provide services to the minor and the minor's parentfor the purpose of facilitating reunification of the family, for a specified period of time.
(B) In providing the services described in Subsection (2)(d)(i)(A), the minor's health,safety, and welfare shall be the division's paramount concern, and the court shall so order.
(ii) The court shall:
(A) determine whether the services offered or provided by the division under the childand family plan constitute "reasonable efforts" on the part of the division;
(B) determine and define the responsibilities of the parent under the child and familyplan in accordance with Subsection 62A-4a-205(6)(e); and
(C) identify on the record the responsibilities described in Subsection (2)(d)(ii)(B), forthe purpose of assisting in any future determination regarding the provision of reasonable efforts,in accordance with state and federal law.
(iii) (A) The time period for reunification services may not exceed 12 months from thedate that the minor was initially removed from the minor's home, unless the time period isextended under Subsection 78A-6-314(8).
(B) Nothing in this section may be construed to entitle any parent to an entire 12 monthsof reunification services.
(iv) If reunification services are ordered, the court may terminate those services at anytime.
(v) If, at any time, continuation of reasonable efforts to reunify a minor is determined tobe inconsistent with the final permanency plan for the minor established pursuant to Section78A-6-314, then measures shall be taken, in a timely manner, to:
(A) place the minor in accordance with the permanency plan; and
(B) complete whatever steps are necessary to finalize the permanent placement of theminor.
(e) Any physical custody of the minor by the parent or a relative during the perioddescribed in Subsection (2)(d) does not interrupt the running of the period.
(f) (i) If reunification services are ordered, a permanency hearing shall be conducted bythe court in accordance with Section 78A-6-314 at the expiration of the time period forreunification services.
(ii) The permanency hearing shall be held no later than 12 months after the originalremoval of the minor.
(iii) If reunification services are not ordered, a permanency hearing shall be conducted
within 30 days, in accordance with Section 78A-6-314.
(g) With regard to a minor who is 36 months of age or younger at the time the minor isinitially removed from the home, the court shall:
(i) hold a permanency hearing eight months after the date of the initial removal, pursuantto Section 78A-6-314; and
(ii) order the discontinuance of those services after eight months from the initial removalof the minor from the home if the parent or parents have not made substantial efforts to complywith the child and family plan.
(h) With regard to a minor in the custody of the division whose parent or parents areordered to receive reunification services but who have abandoned that minor for a period of sixmonths from the date that reunification services were ordered:
(i) the court shall terminate reunification services; and
(ii) the division shall petition the court for termination of parental rights.
(i) When a court conducts a permanency hearing for a minor under Section 78A-6-314,the court shall attempt to keep the minor's sibling group together if keeping the sibling grouptogether is:
(i) practicable; and
(ii) in accordance with the best interest of the minor.
(3) (a) Because of the state's interest in and responsibility to protect and providepermanency for minors who are abused, neglected, or dependent, the Legislature finds that aparent's interest in receiving reunification services is limited.
(b) The 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 minor's health, safety, and welfare shall be the paramount concern.
(d) (i) There is a presumption that reunification services should not be provided to aparent if the court finds, by clear and convincing evidence, that any of the followingcircumstances exist:
(A) the whereabouts of the parents are unknown, based upon a verified affidavitindicating that a reasonably diligent search has failed to locate the parent;
(B) subject to Subsection (3)(d)(ii), the parent is suffering from a mental illness of suchmagnitude that it 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 minor:
(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 sexualexploitation;
(D) the parent:
(I) caused the death of another minor through abuse or neglect; or
(II) committed, aided, abetted, attempted, conspired, or solicited to commit:
(Aa) murder or manslaughter of a child; or
(Bb) child abuse homicide;
(E) the minor suffered severe abuse by the parent or by any person known by the parent,if the parent knew or reasonably should have known that the person was abusing the minor;
(F) the minor is adjudicated an abused child as a result of severe abuse by the parent, andthe court finds that it would not benefit the minor to pursue reunification services with theoffending parent;
(G) the parent's rights are terminated with regard to any other minor;
(H) the minor is removed from the minor's home on at least two previous occasions andreunification 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 child to reside, on a permanent or temporary basis, at alocation where the parent knew or should have known that a clandestine laboratory operation waslocated; or
(K) any other circumstance that the court determines should preclude reunificationefforts or services.
(ii) The finding under Subsection (3)(d)(i)(B) shall be based on competent evidence fromat 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 forthe minor within 12 months after the day on which the court finding is made.
(4) In determining whether reunification services are appropriate, the court shall take intoconsideration:
(a) failure of the parent to respond to previous services or comply with a previous childand family plan;
(b) the fact that the minor was abused while the parent was under the influence of drugsor alcohol;
(c) any history of violent behavior directed at the child 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 besuccessful; and
(g) whether the parent has expressed an interest in reunification with the minor.
(5) (a) If reunification services are not ordered pursuant to Subsection (3), and thewhereabouts of a parent become known within six months after the day on which theout-of-home placement of the minor is made, the court may order the division to providereunification services.
(b) The time limits described in Subsection (2) are not tolled by the parent's absence.
(6) (a) If a parent is incarcerated or institutionalized, the court shall order reasonableservices unless it determines that those services would be detrimental to the minor.
(b) In making the determination described in Subsection (6)(a), the 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 10 years of age 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 limitationimposed in Subsection (2).
(d) Reunification services for an institutionalized parent are subject to the time limitationimposed in Subsection (2), unless the court determines that continued reunification serviceswould be in the minor's best interest.
(7) If, pursuant to Subsections (3)(d)(i)(B) through (K), the court does not orderreunification services, a permanency hearing shall be conducted within 30 days, in accordancewith Section 78A-6-314.
Amended by Chapter 322, 2010 General Session
