(1) Subject to the protections and requirements of Section 80-4-104, and if, based on the totality of the circumstances, the juvenile court finds termination of parental rights, from the child’s point of view, is strictly necessary to promote the child’s best interest, the juvenile court may terminate all parental rights with respect to the parent if the juvenile court finds:

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Terms Used In Utah Code 80-4-301

  • 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
  • Adjudication: means , except as provided in Subsection (3)(b):
              (3)(a)(i) for a delinquency petition or criminal information under Chapter 6, Juvenile Justice:
                   (3)(a)(i)(A) a finding by the juvenile court that the facts alleged in a delinquency petition or criminal information alleging that a minor committed an offense have been proved;
                   (3)(a)(i)(B) an admission by a minor in the juvenile court as described in Section 80-6-306; or
                   (3)(a)(i)(C) a plea of no contest by minor in the juvenile court; or
              (3)(a)(ii) for all other proceedings under this title, a finding by the juvenile court that the facts alleged in the petition have been proved. See 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 80-4-102
  • Failure of parental adjustment: means that a parent or parents are unable or unwilling within a reasonable time to substantially correct the circumstances, conduct, or conditions that led to placement of their child outside of their home, notwithstanding reasonable and appropriate efforts made by the division to return the child to the home. See Utah Code 80-4-102
  • Harm: means :
         (37)(a) physical or developmental injury or damage;
         (37)(b) emotional damage that results in a serious impairment in the child's growth, development, behavior, or psychological functioning;
         (37)(c) sexual abuse; or
         (37)(d) sexual exploitation. 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
  • 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
  • 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
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
     (1)(a) the parent has abandoned the child;
     (1)(b) the parent has neglected or abused the child;
     (1)(c) the parent is unfit or incompetent;
     (1)(d)

          (1)(d)(i) the parent was convicted of a sexual offense, as defined in Section 77-37-2, or a comparable offense under the laws of the state where the offense occurred, against the other parent of the child;
          (1)(d)(ii) the offense resulted in the conception of the child; and
          (1)(d)(iii) termination is in the best interest of the child;
     (1)(e)

          (1)(e)(i) the child is being cared for in an out-of-home placement under the supervision of the juvenile court or the division;
          (1)(e)(ii) the parent has substantially neglected, willfully refused, or has been unable or unwilling to remedy the circumstances that cause the child to be in an out-of-home placement; and
          (1)(e)(iii) there is a substantial likelihood that the parent will not be capable of exercising proper and effective parental care in the near future;
     (1)(f) failure of parental adjustment, as defined in this chapter;
     (1)(g) only token efforts have been made by the parent:

          (1)(g)(i) to support or communicate with the child;
          (1)(g)(ii) to prevent neglect of the child;
          (1)(g)(iii) to eliminate the risk of serious harm to the child; or
          (1)(g)(iv) to avoid being an unfit parent;
     (1)(h)

          (1)(h)(i) the parent has voluntarily relinquished the parent’s parental rights to the child; and
          (1)(h)(ii) termination is in the child’s best interest;
     (1)(i) after a period of trial during which the child was returned to live in the child’s own home, the parent substantially and continuously or repeatedly refused or failed to give the child proper parental care and protection; or
     (1)(j) the terms and conditions of safe relinquishment of a newborn child have been complied with as described in Part 5, Safe Relinquishment of a Newborn Child.
(2) When determining whether termination of parental rights is strictly necessary to promote the child’s best interest, the court shall:

     (2)(a) undertake the analysis from the child’s point of view;
     (2)(b) focus on finding the outcome that best secures the child’s well-being;
     (2)(c) include, as applicable, the considerations described in Sections 80-4-303 and 80-4-304; and
     (2)(d) explore whether other feasible options exist that could address the specific problems or issues facing the family, short of imposing the ultimate remedy of terminating the parent’s rights.
(3) The juvenile court may not terminate the parental rights of a parent because the parent has failed to complete the requirements of a child and family plan.
(4)

     (4)(a) Except as provided in Subsection (4)(b), in any case in which the juvenile court has directed the division to provide reunification services to a parent, the juvenile court must find that the division made reasonable efforts to provide those services before the juvenile court may terminate the parent’s rights under Subsection (1)(b), (c), (e), (f), (g), or (i).
     (4)(b) Notwithstanding Subsection (4)(a), the juvenile court is not required to make the finding under Subsection (4)(a) before terminating a parent’s rights:

          (4)(b)(i) under Subsection (1)(b), if the juvenile court finds that the abuse or neglect occurred subsequent to adjudication; or
          (4)(b)(ii) if reasonable efforts to provide the services described in Subsection (4)(a) are not required under federal law, and federal law is not inconsistent with Utah law.
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