(1) If reunification efforts have been ordered by the juvenile court under Section 80-3-406, the juvenile court shall hold a hearing no more than six months after the day on which the minor is initially removed from the minor’s home, in order for the juvenile court to determine whether:

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Terms Used In Utah Code 80-3-407

  • Abuse: means :
              (1)(a)(i)
                   (1)(a)(i)(A) nonaccidental harm of a child;
                   (1)(a)(i)(B) threatened harm of a child;
                   (1)(a)(i)(C) sexual exploitation;
                   (1)(a)(i)(D) sexual abuse; or
                   (1)(a)(i)(E) human trafficking of a child in violation of Section 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 80-3-102
  • Minor: means , except as provided in Sections 80-6-501, 80-6-901, and 80-7-102:
         (54)(a) a child; or
         (54)(b) an individual:
              (54)(b)(i)
                   (54)(b)(i)(A) who is at least 18 years old and younger than 21 years old; and
                   (54)(b)(i)(B) for whom the Division of Child and Family Services has been specifically ordered by the juvenile court to provide services because the individual was an abused, neglected, or dependent child or because the individual was adjudicated for an offense;
              (54)(b)(ii)
                   (54)(b)(ii)(A) who is at least 18 years old and younger than 25 years old; and
                   (54)(b)(ii)(B) whose case is under the jurisdiction of the juvenile court in accordance with Subsection 78A-6-103(1)(b); or
              (54)(b)(iii)
                   (54)(b)(iii)(A) who is at least 18 years old and younger than 21 years old; and
                   (54)(b)(iii)(B) whose case is under the jurisdiction of the juvenile court in accordance with Subsection 78A-6-103(1)(c). See Utah Code 80-1-102
  • Neglect: means action or inaction causing:
              (58)(a)(i) abandonment of a child, except as provided in Chapter 4, Part 5, Safe Relinquishment of a Newborn Child;
              (58)(a)(ii) lack of proper parental care of a child by reason of the fault or habits of the parent, guardian, or custodian;
              (58)(a)(iii) failure or refusal of a parent, guardian, or custodian to provide proper or necessary subsistence or medical care, or any other care necessary for the child's health, safety, morals, or well-being;
              (58)(a)(iv) a child to be at risk of being neglected or abused because another child in the same home is neglected or abused;
              (58)(a)(v) abandonment of a child through an unregulated child custody transfer under Section 78B-24-203; or
              (58)(a)(vi) educational neglect. See Utah Code 80-1-102
  • Person: means :
         (24)(a) an individual;
         (24)(b) an association;
         (24)(c) an institution;
         (24)(d) a corporation;
         (24)(e) a company;
         (24)(f) a trust;
         (24)(g) a limited liability company;
         (24)(h) a partnership;
         (24)(i) a political subdivision;
         (24)(j) a government office, department, division, bureau, or other body of government; and
         (24)(k) any other organization or entity. See Utah Code 68-3-12.5
  • Relative: means an adult who:
         (6)(a) is the child's grandparent, great grandparent, aunt, great aunt, uncle, great uncle, brother-in-law, sister-in-law, stepparent, first cousin, stepsibling, or sibling;
         (6)(b) is a first cousin of the child's parent;
         (6)(c) is a permanent guardian or natural parent of the child's sibling; or
         (6)(d) in the case of a child who is an Indian child, is an extended family member as defined in the Indian Child Welfare Act, Utah Code 80-3-102
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
     (1)(a) the division has provided and is providing reasonable efforts to reunify the family in accordance with the child and family plan;
     (1)(b) the parent has fulfilled or is fulfilling identified duties and responsibilities in order to comply with the requirements of the child and family plan; and
     (1)(c) the division considered the preferential consideration and rebuttable presumption described in Subsections 80-3-302(7)(a) and 80-3-303(2)(c).
(2)

     (2)(a) At the hearing described in Subsection (1), if a child remains in an out-of-home placement, the juvenile court shall:

          (2)(a)(i) make specific findings regarding the conditions of parent-time that are in the child’s best interest; and
          (2)(a)(ii) if parent-time is denied, state the facts that justify the denial.
     (2)(b) Parent-time shall be under the least restrictive conditions necessary to:

          (2)(b)(i) protect the physical safety of the child; or
          (2)(b)(ii) prevent the child from being traumatized by contact with the parent due to the child’s fear of the parent in light of the nature of the alleged abuse or neglect.
     (2)(c)

          (2)(c)(i) The division or the person designated by the division or a court to supervise a parent-time session may deny parent-time for the session if the division or the supervising person determines that, based on the parent’s condition, it is necessary to deny parent-time to:

               (2)(c)(i)(A) protect the physical safety of the child;
               (2)(c)(i)(B) protect the life of the child; or
               (2)(c)(i)(C) consistent with Subsection (2)(c)(ii), prevent the child from being traumatized by contact with the parent.
          (2)(c)(ii) In determining whether the condition of the parent described in Subsection (2)(c)(i) will traumatize a child, the division or the person supervising the parent-time session shall consider the impact that the parent’s condition will have on the child in light of:

               (2)(c)(ii)(A) the child’s fear of the parent; and
               (2)(c)(ii)(B) the nature of the alleged abuse or neglect.
(3)

     (3)(a) If, for a relative placement, an interstate placement requested under the Interstate Compact on the Placement of Children has been initiated by the division or is ordered by or pending before the juvenile court, the court may not finalize a non-relative placement unless the court gives due weight to:

          (3)(a)(i) the preferential consideration granted to a relative in Section 80-3-302;
          (3)(a)(ii) the rebuttable presumption in Section 80-3-302; and
          (3)(a)(iii) the divisions placement authority under Subsections 80-1-102(50) and 80-3-303(1).
     (3)(b) Nothing in this section affects the ability of a foster parent to petition the juvenile court under Subsection 80-3-502(3).
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