(1) As used in this section:

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Terms Used In Utah Code 80-3-501

  • Division: means the Division of Child and Family Services created in Section 80-2-201. See Utah Code 80-3-102
  • 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.
  • Friend: means an adult who:
         (4)(a) has an established relationship with the child or a family member of the child; and
         (4)(b) is not the natural parent of the child. 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
  • 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
     (1)(a) “Qualified individual” means the same as that term is defined in 42 U.S.C. § 675a.
     (1)(b) “Qualified residential treatment program” means the same as that term is defined in 42 U.S.C. § 672.
(2) Within 60 days of the day on which a minor is placed in a qualified residential treatment program under this chapter or Chapter 6, Juvenile Justice, the juvenile court shall:

     (2)(a) review the assessment, determination, and documentation made by a qualified individual regarding the minor;
     (2)(b) determine whether the needs of the minor can be met through placement in a foster home;
     (2)(c) if the minor’s needs cannot be met through placement in a foster home, determine whether:

          (2)(c)(i) placement of the minor in a qualified residential treatment program provides the most effective and appropriate level of care for the minor in the least restrictive environment; and
          (2)(c)(ii) placement in a qualified residential treatment program is consistent with the short-term and long-term goals for the minor, as specified in the permanency plan for the minor; and
     (2)(d) approve or disapprove of the minor’s placement in a qualified residential treatment program.
(3) As long as a minor remains placed in a qualified residential treatment program, the juvenile court shall review the placement decision at each subsequent review and permanency hearing held with respect to the minor.
(4) When the juvenile court conducts a review described in Subsection (3), the juvenile court shall review evidence submitted by the custodial division to:

     (4)(a) demonstrate an ongoing assessment of the strengths and needs of the minor such that the minor’s needs cannot be met through placement in a foster home;
     (4)(b) demonstrate that placement in a qualified residential treatment program provides the most effective and appropriate level of care for the minor in the least restrictive environment;
     (4)(c) demonstrate that placement in the qualified residential treatment program is consistent with the short-term and long-term goals for the minor, as specified by the permanency plan for the minor;
     (4)(d) document the specific treatment or service needs that will be met for the minor in the placement;
     (4)(e) document the length of time the minor is expected to need the treatment or services; and
     (4)(f) document the efforts made by the custodial division to prepare the minor to return home or transition to another setting, such as with a relative, with a friend of the minor, with a guardian, with an adoptive parent, a foster home, or independent living.
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