reglab/housing_qa huggingface dataset:
UT Code § 80-3-501 (2021)
2021 Utah Code|Title 80 - Utah Juvenile Code|Chapter 3 - Abuse, Neglect, and Dependency Proceedings|Part 5 - Miscellaneous Hearings|Section 501 - Placement in a qualified residential treatment program -- Review hearings.

 Effective 9/1/2021  80-3-501. Placement in a qualified residential treatment program -- Review hearings.    (1) As used in this section:   (a) "Qualified individual" means the same as that term is defined in 42 U.S.C. Sec. 675a.     (b) "Qualified residential treatment program" means the same as that term is defined in 42 U.S.C. Sec. 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:   (a) review the assessment, determination, and documentation made by a qualified individual regarding the minor;     (b) determine whether the needs of the minor can be met through placement in a foster home;     (c) if the minor's needs cannot be met through placement in a foster home, determine whether:   (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     (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       (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:   (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;     (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;     (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;     (d) document the specific treatment or service needs that will be met for the minor in the placement;     (e) document the length of time the minor is expected to need the treatment or services; and     (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.      Renumbered and Amended by Chapter 261, 2021 General Session
UT Code § 80-3-502 (2021)
2021 Utah Code|Title 80 - Utah Juvenile Code|Chapter 3 - Abuse, Neglect, and Dependency Proceedings|Part 5 - Miscellaneous Hearings|Section 502 - Review of foster care removal -- Foster parent's standing.

 Effective 9/1/2021  80-3-502. Review of foster care removal -- Foster parent's standing.    (1) With regard to a minor in the custody of the division who is the subject of a petition alleging abuse, neglect, or dependency, and who has been placed in foster care with a foster family, the Legislature finds that:   (a) except with regard to the minor's natural parents, a foster family has a very limited but recognized interest in its familial relationship with the minor; and     (b) minors in the custody of the division are experiencing multiple changes in foster care placements with little or no documentation, and that numerous studies of child growth and development emphasize the importance of stability in foster care living arrangements.       (2) For the reasons described in Subsection (1), the Legislature finds that, except with regard to the minor's natural parents, procedural due process protections must be provided to a foster family prior to removal of a foster minor from the foster home.     (3)   (a) A foster parent who has had a foster minor in the foster parent's home for 12 months or longer may petition the juvenile court for a review and determination of the appropriateness of a decision by the division to remove the minor from the foster home, unless the removal was for the purpose of:   (i) returning the minor to the minor's natural parent or legal guardian;     (ii) immediately placing the minor in an approved adoptive home;     (iii) placing the minor with a relative who obtained custody or asserted an interest in the minor within the preference period described in Subsection 80-3-302(8); or     (iv) placing an Indian child in accordance with placement preferences and other requirements described in the Indian Child Welfare Act, 25 U.S.C. Sec. 1915.       (b) The foster parent may petition the juvenile court under this section without exhausting administrative remedies within the division.     (c) The juvenile court may order the division to place the minor in a specified home, and shall base the juvenile court's determination on the best interest of the minor.       (4) The requirements of this section do not apply to the removal of a minor based on a foster parent's request for that removal.    Renumbered and Amended by Chapter 261, 2021 General Session
UT Code § 80-3-503 (2021)
2021 Utah Code|Title 80 - Utah Juvenile Code|Chapter 3 - Abuse, Neglect, and Dependency Proceedings|Part 5 - Miscellaneous Hearings|Section 503 - Minor's petition for removal from division custody -- Reentering division custody.

 Effective 9/1/2021  80-3-503. Minor's petition for removal from division custody -- Reentering division custody.    (1)   (a) A minor who is 18 years old or older, but younger than 21 years old, may petition the juvenile court to express the minor's desire to have the minor be removed from the custody of the division if the minor is in the division's custody on grounds of abuse, neglect, or dependency.     (b) If the minor's parent's rights have not been terminated in accordance with Chapter 4, Termination and Restoration of Parental Rights, the minor's petition described in Subsection (1)(a) shall contain a statement from the minor's parent or guardian agreeing that the minor should be removed from the custody of the division.     (c) The minor and the minor's parent or guardian shall sign the petition described in Subsection (1)(a).       (2) The juvenile court shall:   (a) review the petition described in Subsection (1)(a) within 14 days after the day on which the petition is filed; and     (b) remove the minor from the custody of the division if:   (i) the requirements under Subsections (1)(b) and (c) are met; and     (ii) the court finds, based on input from the division, the minor's attorney guardian ad litem, and the Office of the Attorney General, that the minor does not pose an imminent threat to self or others.         (3)   (a) A minor removed from custody of the division under this section may, within 90 days after the day on which the minor is removed from custody of the division, petition the court to re-enter custody of the division.     (b) Upon receiving a petition described in Subsection (3)(a), the juvenile court shall order the division to take custody of the minor based on the findings the juvenile court entered when the juvenile court originally vested custody of the minor in the division.      Enacted by Chapter 261, 2021 General Session
UT Code § 80-4-101 (2021)
2021 Utah Code|Title 80 - Utah Juvenile Code|Chapter 4 - Termination and Restoration of Parental Rights|Part 1 - General Provisions|Section 101 - Title.

 Effective 9/1/2021  80-4-101. Title.  This chapter is known as "Termination and Restoration of Parental Rights." Renumbered and Amended by Chapter 261, 2021 General Session
UT Code § 80-4-102 (2021)
2021 Utah Code|Title 80 - Utah Juvenile Code|Chapter 4 - Termination and Restoration of Parental Rights|Part 1 - General Provisions|Section 102 - Definitions.

 Effective 9/1/2021  80-4-102. Definitions.  As used in this chapter:  (1) "Division" means the Division of Child and Family Services created in Section 62A-4a-103.     (2) "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.     (3) "Former parent" means an individual whose legal parental rights were terminated under this chapter.     (4) "Petition to restore parental rights" means a petition filed in accordance with this chapter to restore the rights of a parent with regard to a child.     (5) "Petition for termination of parental rights" means a petition filed in accordance with this chapter to terminate the parental rights of a parent.     (6) "Temporary custody" means the same as that term is defined in Section 62A-4a-101.    Renumbered and Amended by Chapter 261, 2021 General Session
UT Code § 80-4-103 (2021)
2021 Utah Code|Title 80 - Utah Juvenile Code|Chapter 4 - Termination and Restoration of Parental Rights|Part 1 - General Provisions|Section 103 - Nature of the proceedings -- Rules of procedure -- Burden of proof.

 Effective 9/1/2021  80-4-103. Nature of the proceedings -- Rules of procedure -- Burden of proof.    (1) The proceedings under this chapter are civil in nature and are governed by the Utah Rules of Civil Procedure and the Utah Rules of Juvenile Procedure.     (2) The juvenile court shall:   (a) in all cases filed under this chapter require the petitioner to establish the facts by clear and convincing evidence;     (b) give full and careful consideration to all of the evidence presented with regard to the constitutional rights and claims of the parent; and     (c) if a parent is found, by reason of the parent's conduct or condition, to be unfit or incompetent based upon any of the grounds for termination described in this chapter, consider the welfare and best interest of the child of paramount importance in determining whether to terminate parental rights.      Enacted by Chapter 261, 2021 General Session
UT Code § 80-4-105 (2021)
2021 Utah Code|Title 80 - Utah Juvenile Code|Chapter 4 - Termination and Restoration of Parental Rights|Part 1 - General Provisions|Section 105 - Effect of decree.

 Effective 9/1/2021  80-4-105. Effect of decree.    (1) An order for the termination of parental rights divests the child and the parents of all legal rights, powers, immunities, duties, and obligations with respect to each other, except the right of the child to inherit from the parent.     (2) An order or decree entered under this chapter may not disentitle a child to any benefit due to the child from any third person, including any Indian tribe, agency, state, or the United States.     (3) Except as provided in Sections 80-4-401 and 80-4-402, after the termination of a parent's parental rights, the former parent:   (a) is not entitled to any notice of proceedings for the adoption of the child; and     (b) does not have any right to object to the adoption or to participate in any other placement proceedings.       (4) An order permanently terminating the rights of a parent, guardian, or custodian does not expire with termination of the jurisdiction of the juvenile court.    Renumbered and Amended by Chapter 261, 2021 General Session
UT Code § 80-4-106 (2021)
2021 Utah Code|Title 80 - Utah Juvenile Code|Chapter 4 - Termination and Restoration of Parental Rights|Part 1 - General Provisions|Section 106 - Individuals entitled to be present at proceedings -- Legal representation -- Attorney general responsibilities.

 Effective 9/1/2021  80-4-106. Individuals entitled to be present at proceedings -- Legal representation -- Attorney general responsibilities.    (1)   (a) The juvenile court shall admit any individual to a hearing unless the juvenile court makes a finding upon the record that the individual's presence at the hearing would:   (i) be detrimental to the best interest of a child who is a party to the proceeding;     (ii) impair the fact-finding process; or     (iii) be otherwise contrary to the interests of justice.       (b) The juvenile court may exclude an individual from a hearing under Subsection (1)(a) on the juvenile court's own motion or by motion of a party to the proceeding.       (2)   (a) The parties shall be advised of the parties' right to counsel, including the appointment of counsel for a parent or legal guardian facing any action initiated by a private party under this chapter or under Section 78B-6-112 for termination of parental rights.     (b) If a parent or guardian is the subject of a petition for the termination of parental rights, the juvenile court shall:   (i) appoint an indigent defense service provider for a parent or guardian determined to be an indigent individual in accordance with Title 78B, Chapter 22, Part 2, Appointment of Counsel; and     (ii) order indigent defense services for the parent or legal guardian who is determined to be an indigent individual in accordance with Title 78B, Chapter 22, Part 2, Appointment of Counsel.       (c) In any action under this chapter, a guardian ad litem, as defined in Section 78A-2-801, shall represent the child in accordance with Sections 78A-2-803 and 80-3-104.     (d) A guardian ad litem, as defined in Section 78A-2-801, shall represent the child in other actions initiated under this chapter when appointed by the juvenile court under Section 78A-2-803 or as otherwise provided by law.       (3) Subject to the attorney general's prosecutorial discretion in civil enforcement actions, the attorney general shall, in accordance with Section 62A-4a-113, enforce all provisions of this chapter and Title 62A, Chapter 4a, Child and Family Services, relating to the termination of parental rights.    Enacted by Chapter 261, 2021 General Session
UT Code § 80-4-107 (2021)
2021 Utah Code|Title 80 - Utah Juvenile Code|Chapter 4 - Termination and Restoration of Parental Rights|Part 1 - General Provisions|Section 107 - Record of proceedings -- Written reports and other materials -- Statements of a child.

 Effective 9/1/2021  80-4-107. Record of proceedings -- Written reports and other materials -- Statements of a child.    (1) As used in this section, "record of a proceeding" means the same as that term is defined in Section 80-3-106.     (2) A record of a proceeding under this chapter:   (a) shall be taken in accordance with Section 80-3-106; and     (b) may be requested for release as described in Section 80-3-106.       (3)   (a) For purposes of determining proper disposition of a child in hearings upon a petition for termination of parental rights, written reports and other material relating to the minor's mental, physical, and social history and condition may be:   (i) received in evidence; and     (ii) considered by the court along with other evidence.       (b) The court may require that an individual who wrote a report or prepared the material under Subsection (3)(a) to appear as a witness if the individual is reasonably available.       (4) For the purpose of establishing abuse, neglect, or dependency under this chapter, the juvenile court may, in the juvenile court's discretion, consider evidence of statements made by a child under eight years old to an individual in a trust relationship.    Enacted by Chapter 261, 2021 General Session
UT Code § 80-4-108 (2021)
2021 Utah Code|Title 80 - Utah Juvenile Code|Chapter 4 - Termination and Restoration of Parental Rights|Part 1 - General Provisions|Section 108 - Physical or mental health examination during proceedings.

 Effective 9/1/2021  80-4-108. Physical or mental health examination during proceedings.    (1) In a proceeding under this chapter, the juvenile court may appoint any mental health therapist, as defined in Section 58-60-102, who the juvenile court finds to be qualified to:   (a) evaluate the mental health of, or provide mental health services to, the child; or     (b) after notice and a hearing set for the specific purpose, evaluate the mental health of a parent, or provide mental health services to a parent, if the juvenile court finds from the evidence presented at the hearing that the parent's mental or emotional condition may be a factor in the parent's unfitness.       (2) The juvenile court:   (a) may not refuse to appoint a mental health therapist under Subsection (1) for the reason that the therapist's recommendations in another case did not follow the recommendations of the division or the Office of Guardian Ad Litem; and     (b) shall give strong consideration to the parent's or guardian's wishes regarding the selection of a mental health therapist.       (3) In a proceeding under this chapter, the juvenile court may appoint a physician, or a physician assistant, who the court finds to be qualified to:   (a) physically examine the child; or     (b) after notice and a hearing set for a specific purpose, physically examine the parent if the juvenile court finds from the evidence presented at the hearing that the parent's physical condition may be a factor in causing the parent's unfitness.       (4) The division shall, with regard to a child in the division's custody:   (a) take reasonable measures to notify a parent of any non-emergency health treatment or care scheduled for a child;     (b) include the parent as fully as possible in making health care decisions for the child;     (c) defer to the parent's reasonable and informed decisions regarding the child's health care to the extent that the child's health and well-being are not unreasonably compromised by the parent's decision; and     (d) notify the parent of the child within five business days after the day on which the child receives emergency health care or treatment.       (5) An examination conducted in accordance with Subsection (1) or (2) is not a privileged communication under Utah Rules of Evidence, Rule 506(d)(3), and is exempt from the general rule of privilege.     (6) This section applies to all juvenile court proceedings under this chapter involving:   (a) parents and children; or     (b) the division.      Renumbered and Amended by Chapter 261, 2021 General Session
UT Code § 80-4-201 (2021)
2021 Utah Code|Title 80 - Utah Juvenile Code|Chapter 4 - Termination and Restoration of Parental Rights|Part 2 - Petition for Termination of Parental Rights|Section 201 - Petition -- Who may file -- Dismissal.

 Effective 9/1/2021  80-4-201. Petition -- Who may file -- Dismissal.    (1) Any interested party, including a foster parent, may file a petition for termination of parental rights.     (2) The attorney general shall file a petition for termination of parental rights under this chapter on behalf of the division.     (3) The juvenile court may dismiss a petition for termination of parental rights at any stage of the proceedings.    Renumbered and Amended by Chapter 261, 2021 General Session
UT Code § 80-4-202 (2021)
2021 Utah Code|Title 80 - Utah Juvenile Code|Chapter 4 - Termination and Restoration of Parental Rights|Part 2 - Petition for Termination of Parental Rights|Section 202 - Contents of petition.

 Effective 9/1/2021  80-4-202. Contents of petition.    (1) A petition for termination of parental rights shall include, to the best information or belief of the petitioner:   (a) the information required by Utah Rules of Juvenile Procedure, Rule 17;     (b) the grounds on which termination of parental rights is sought, in accordance with Section 80-4-301; and     (c) the names and addresses of the individuals or the authorized agency to whom legal custody or guardianship of the child might be transferred.       (2) The petitioner shall attach a copy of a relinquishment or consent, if any, previously executed by the parent or parents to the petition described in Subsection (1).    Renumbered and Amended by Chapter 261, 2021 General Session
UT Code § 80-4-203 (2021)
2021 Utah Code|Title 80 - Utah Juvenile Code|Chapter 4 - Termination and Restoration of Parental Rights|Part 2 - Petition for Termination of Parental Rights|Section 203 - Mandatory petition for termination of parental rights.

 Effective 9/1/2021  80-4-203. Mandatory petition for termination of parental rights.    (1) For purposes of this section, "abandoned infant" means a child who is 12 months old or younger and whose parent or parents:   (a) although having legal custody of the child, fail to maintain physical custody of the child without making arrangements for the care of the child;     (b) have failed to:   (i) maintain physical custody; and     (ii) exhibit the normal interest of a natural parent without just cause; or       (c) are unwilling to have physical custody of the child.       (2) Except as provided in Subsection (3), notwithstanding any other provision of this chapter or of Title 62A, Chapter 4a, Child and Family Services, the division shall file a petition for termination of parental rights with regard to:   (a) an abandoned infant; or     (b) the child of a parent, whenever a court has determined that the parent has:   (i) committed murder or child abuse homicide of another child of that parent;     (ii) committed manslaughter of another child of that parent;     (iii) aided, abetted, attempted, conspired, or solicited to commit murder, child abuse homicide, or manslaughter against another child of that parent; or     (iv) committed a felony assault or abuse that results in serious physical injury to:   (A) another child of that parent; or     (B) the other parent of the child.           (3) The division is not required to file a petition for termination of parental rights under Subsection (2) if:   (a) the child is being cared for by a relative;     (b) the division has:   (i) documented in the child's child and family plan a compelling reason for determining that filing a petition for termination of parental rights is not in the child's best interest; and     (ii) made that child and family plan available to the juvenile court for the juvenile court's review; or       (c)   (i) the juvenile court has previously determined, in accordance with the provisions and limitations of Sections 62A-4a-201, 62A-4a-203, 80-3-301, and 80-3-406, that reasonable efforts to reunify the child with the child's parent or parents were required; and     (ii) the division has not provided, within the time period specified in the child and family plan, services that had been determined to be necessary for the safe return of the child.        Renumbered and Amended by Chapter 261, 2021 General Session
UT Code § 80-4-204 (2021)
2021 Utah Code|Title 80 - Utah Juvenile Code|Chapter 4 - Termination and Restoration of Parental Rights|Part 2 - Petition for Termination of Parental Rights|Section 204 - Notice of petition.

 Effective 9/1/2021  80-4-204. Notice of petition.    (1)   (a) After a petition for termination of parental rights is filed, notice shall:   (i) be provided to the parents, the guardian, the individual or agency having legal custody of the child, and any individual acting in loco parentis to the child; and     (ii) indicate the:   (A) nature of the petition;     (B) time and place of the hearing;     (C) right to counsel; and     (D) right to the appointment of counsel for a party whom the juvenile court determines is indigent and at risk of losing the party's parental rights.         (b) The notice described in Subsection (1)(a), or a separate notice subsequently issued, shall contain a statement to the effect that the rights of the parent or parents are proposed to be permanently terminated in the proceedings.       (2) The juvenile court shall hold a hearing specifically on the question of termination of parental rights no sooner than 10 days after the day on which the notice described in Subsection (1) is served.    Renumbered and Amended by Chapter 261, 2021 General Session