reglab/housing_qa huggingface dataset:
UT Code § 80-4-205 (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 205 - Expedited hearing for temporary custody.

 Effective 9/1/2021  80-4-205. Expedited hearing for temporary custody.    (1) At any time after a petition for termination of parental rights is filed, the juvenile court may make an order in accordance with this chapter:   (a) providing for temporary custody of the child who is the subject of the petition; or     (b) that the division provide protective services to the child who is the subject of the petition if the juvenile court determines that:   (i) the child is at risk of being removed from the child's home due to abuse and neglect; and     (ii) the provision of protective services may make the removal described in Subsection (1)(b)(i) unnecessary.         (2)   (a) The juvenile court shall hold an expedited hearing to determine whether a child should be placed in temporary custody if:   (i) a person files a petition for termination of parental rights;     (ii) a party to the proceeding files a motion for expedited placement in temporary custody; and     (iii) notice of the hearing described in this Subsection (1)(a) is served consistent with the requirements for notice of a shelter hearing under Section 80-3-301.       (b) The hearing described in Subsection (2)(a):   (i) shall be held within 72 hours, excluding weekends and holidays, after the time in which the motion described in Subsection (2)(a)(ii) is filed; and     (ii) shall be considered a shelter hearing under Section 80-3-301 and Utah Rules of Juvenile Procedure, Rule 13.         (3)   (a) The hearing and notice described in Subsection (1) are subject to:   (i) Section 80-3-301;     (ii) Section 80-3-302; and     (iii) the Utah Rules of Juvenile Procedure.       (b) After the hearing described in Subsection (1), the juvenile court may order a child placed in the temporary custody of the division.      Enacted by Chapter 261, 2021 General Session
UT Code § 80-4-206 (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 206 - Mediation.

 Effective 9/1/2021  80-4-206. Mediation.  If a petition for termination of parental rights is filed, or if the matter is referred to the juvenile court under Subsection 78A-6-104(1)(a)(iii), the juvenile court may require the parties to participate in mediation in accordance with Title 78B, Chapter 6, Part 2, Alternative Dispute Resolution Act. Enacted by Chapter 261, 2021 General Session
UT Code § 80-4-207 (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 207 - Modification of petition -- Continuance.

 Effective 9/1/2021  80-4-207. Modification of petition -- Continuance.    (1) When it appears that evidence presented in a proceeding under this chapter points to material facts not alleged in the petition for termination of parental rights, the juvenile court may consider the additional or different matters raised by the evidence if the parties consent.     (2) The juvenile court, by a motion of any interested party or on the juvenile court's own motion, shall direct that the petition for termination of parental rights be amended to conform to the evidence described in Subsection (1).     (3) If the amendment described in Subsection (2) results in a substantial departure from the facts originally alleged in the petition for the termination of parental rights, the juvenile court shall grant a continuance as justice may require in accordance with Utah Rules of Juvenile Procedure, Rule 54.    Enacted by Chapter 261, 2021 General Session
UT Code § 80-4-303 (2021)
2021 Utah Code|Title 80 - Utah Juvenile Code|Chapter 4 - Termination and Restoration of Parental Rights|Part 3 - Termination and Post-termination of Parental Rights|Section 303 - Specific considerations when child is not in physical custody of parent.

 Effective 9/1/2021  80-4-303. Specific considerations when child is not in physical custody of parent.    (1) If a child is not in the physical custody of the child's parent or parents, the juvenile court, in determining whether parental rights should be terminated, shall consider:   (a) the physical, mental, or emotional condition and needs of the child and the child's desires regarding the termination, if the juvenile court determines the child is of sufficient capacity to express the child's desires;     (b) the effort the child's parent or parents have made to adjust the parent's or parents' circumstances, conduct, or conditions to make it in the child's best interest to return the child to the child's home after a reasonable length of time, including:   (i) payment of a reasonable portion of substitute physical care and maintenance, if financially able;     (ii) maintenance of regular parent-time or other contact with the child that was designed and carried out in a plan to reunite the child with the parent or parents; and     (iii) maintenance of regular contact and communication with the custodian of the child; and       (c) any other factor that the juvenile court considers relevant in the determination of whether to terminate parental rights.       (2) For purposes of this section, the juvenile court shall disregard incidental conduct, contributions, contacts, and communications.    Renumbered and Amended by Chapter 261, 2021 General Session
UT Code § 80-4-304 (2021)
2021 Utah Code|Title 80 - Utah Juvenile Code|Chapter 4 - Termination and Restoration of Parental Rights|Part 3 - Termination and Post-termination of Parental Rights|Section 304 - Specific considerations when child is placed in foster home.

 Effective 9/1/2021  80-4-304. Specific considerations when child is placed in foster home.  If a child is in the custody of the division and has been placed and resides in a foster home and the division institutes proceedings under this chapter regarding the child, with an ultimate goal of having the child's foster parent or parents adopt the child, the juvenile court shall consider:  (1) whether the child has become integrated into the foster family to the extent that the child's familial identity is with the foster family;     (2) whether the foster family is able and willing permanently to treat the child as a member of the family;     (3) the love, affection, and other emotional ties existing between the child and the parents, and the child's ties with the foster family;     (4) the capacity and disposition of the child's parents from whom the child was removed as compared with that of the foster family to give the child love, affection, and guidance and to continue the education of the child;     (5) the length of time the child has lived in a stable, satisfactory foster home and the desirability of the child continuing to live in that environment;     (6) the permanence as a family unit of the foster family; and     (7) any other factor that the juvenile court considers relevant to a particular placement of a child.    Renumbered and Amended by Chapter 261, 2021 General Session
UT Code § 80-4-305 (2021)
2021 Utah Code|Title 80 - Utah Juvenile Code|Chapter 4 - Termination and Restoration of Parental Rights|Part 3 - Termination and Post-termination of Parental Rights|Section 305 - Court disposition of child upon termination of parental rights -- Posttermination reunification.

 Effective 9/1/2021  80-4-305. Court disposition of child upon termination of parental rights -- Posttermination reunification.    (1) As used in this section, "relative" means:   (a) an adult who is a grandparent, great-grandparent, aunt, great aunt, uncle, great uncle, brother-in-law, sister-in-law, stepparent, first cousin, sibling, or stepsibling of a child; and     (b) in the case of a child who is an Indian child, an extended family member as defined in 25 U.S.C. Sec. 1903.       (2) Upon entry of an order under this chapter, the juvenile court may:   (a) place the child in the legal custody and guardianship of a licensed child placement agency or the division for adoption; or     (b) make any other disposition of the child authorized under Section 80-3-405 .       (3) Subject to the requirements of Subsections (4) and (5), all adoptable children placed in the custody of the division shall be placed for adoption.     (4) If the parental rights of all parents of an adoptable child placed in the custody of the division have been terminated and a suitable adoptive placement is not already available, the juvenile court:   (a) shall determine whether there is a relative who desires to adopt the child;     (b) may order the division to conduct a reasonable search to determine whether there are relatives who are willing to adopt the child; and     (c) shall, if a relative desires to adopt the child:   (i) make a specific finding regarding the fitness of the relative to adopt the child; and     (ii) place the child for adoption with that relative unless the juvenile court finds that adoption by the relative is not in the best interest of the child.         (5) This section does not guarantee that a relative will be permitted to adopt the child.     (6) A parent whose rights were terminated under this chapter, or a relative of the child, as defined by Section 80-3-102 , may petition for guardianship of the child if:   (a)   (i) following an adoptive placement, the child's adoptive parent returns the child to the custody of the division; or     (ii) the child is in the custody of the division for one year following the day on which the parent's rights were terminated, and no permanent placement has been found or is likely to be found; and       (b) reunification with the child's parent, or guardianship by the child's relative, is in the best interest of the child.      Renumbered and Amended by Chapter 261, 2021 General Session
UT Code § 80-4-306 (2021)
2021 Utah Code|Title 80 - Utah Juvenile Code|Chapter 4 - Termination and Restoration of Parental Rights|Part 3 - Termination and Post-termination of Parental Rights|Section 306 - Review following termination.

 Effective 9/1/2021  80-4-306. Review following termination.    (1) At the conclusion of the hearing in which the juvenile court orders termination of parental rights, the juvenile court shall order that a review hearing be held within 90 days after the day on which parental rights are terminated if the child has not been permanently placed.     (2) At the review hearing described in Subsection (1):   (a) the agency or individual vested with custody of the child shall report to the juvenile court regarding the plan for permanent placement of the child; and     (b) the guardian ad litem shall make recommendations to the juvenile court, based on an independent investigation, for disposition meeting the best interests of the child.       (3) The juvenile court may order the agency or individual vested with custody of the child to report, at appropriate intervals, on the status of the child until the plan for permanent placement of the child is accomplished.    Renumbered and Amended by Chapter 261, 2021 General Session
UT Code § 80-4-307 (2021)
2021 Utah Code|Title 80 - Utah Juvenile Code|Chapter 4 - Termination and Restoration of Parental Rights|Part 3 - Termination and Post-termination of Parental Rights|Section 307 - Voluntary relinquishment -- Irrevocable.

 Effective 9/1/2021  80-4-307. Voluntary relinquishment -- Irrevocable.    (1) The individual consenting to termination of parental rights or voluntarily relinquishing parental rights shall sign or confirm the consent or relinquishment under oath:   (a) before a judge of any court that has jurisdiction over proceedings for termination of parental rights in this state or any other state, or a public officer appointed by that court for the purpose of taking consents or relinquishments; or     (b) except as provided in Subsection (2), any person authorized to take consents or relinquishments under Subsections 78B-6-124(1) and (2).       (2) Only the juvenile court is authorized to take consents or relinquishments from a parent who has any child who is in the custody of a state agency or who has a child who is otherwise under the jurisdiction of the juvenile court.     (3) The court, appointed officer, or other authorized person shall certify to the best of that person's information and belief that the individual executing the consent or relinquishment has read and understands the consent or relinquishment and has signed the consent or relinquishment freely and voluntarily.     (4) A voluntary relinquishment or consent for termination of parental rights is effective when the voluntary relinquishment or consent is signed and may not be revoked.     (5)   (a) The requirements and processes described in Section 80-4-104, Sections 80-4-301 through 80-4-304, and Part 2, Petition for Termination of Parental Rights, do not apply to a voluntary relinquishment or consent for termination of parental rights.     (b) When determining voluntary relinquishment or consent for termination of parental rights, the juvenile court need only find that the relinquishment or termination is in the child's best interest.       (6)   (a) There is a presumption that voluntary relinquishment or consent for termination of parental rights is not in the child's best interest where it appears to the juvenile court that the primary purpose for relinquishment or consent for termination is to avoid a financial support obligation.     (b) The presumption described in Subsection (6)(a) may be rebutted if the juvenile court finds the relinquishment or consent to termination of parental rights will facilitate the establishment of stability and permanency for the child.       (7) Upon granting a voluntary relinquishment the juvenile court may make orders relating to the child's care and welfare that the juvenile court considers to be in the child's best interest.    Renumbered and Amended by Chapter 261, 2021 General Session
UT Code § 80-4-402 (2021)
2021 Utah Code|Title 80 - Utah Juvenile Code|Chapter 4 - Termination and Restoration of Parental Rights|Part 4 - Restoration of Parental Rights|Section 402 - Hearing on petition to restore parental rights.

 Effective 9/1/2021  80-4-402. Hearing on petition to restore parental rights.    (1) The juvenile court may restore a parent's parental rights if:   (a) the child meets the requirements of Subsection 80-4-401(1);     (b) considering the age and maturity of the child, the child consents to the restoration;     (c) the former parent consents to the restoration; and     (d) the juvenile court finds by clear and convincing evidence that restoration is in the best interest of the child.       (2) In determining whether reunification under this section is appropriate and in the best interest of the child, the juvenile court shall consider:   (a) whether the former parent has been sufficiently rehabilitated from the behavior that resulted in the termination of parental rights;     (b) extended family support for the former parent; and     (c) other material changes of circumstances, if any, that may have occurred that warrant the granting of the motion.       (3) At the hearing on a petition to restore parental rights, if the former parent consents and if the juvenile court finds by clear and convincing evidence that it is in the best interest of the child, the juvenile court may:   (a) allow contact between the former parent and the child, and describe the conditions under which contact may take place;     (b) order that the child be placed with the former parent, in a temporary custody and guardianship relationship, to be reevaluated after the child has been placed with the former parent for six months; or     (c) restore the parental rights of the parent.       (4) If the juvenile court orders the child to be placed in the physical custody of the former parent under Subsection (3), the juvenile court shall specify in the order:   (a) whether that custody is subject to:   (i) continued evaluation by the court; or     (ii) the supervision of the division; and       (b) the terms and conditions of reunification.      Renumbered and Amended by Chapter 261, 2021 General Session
UT Code § 80-5-101 (2021)
2021 Utah Code|Title 80 - Utah Juvenile Code|Chapter 5 - Juvenile Justice Services|Part 1 - Division of Juvenile Justice Services|Section 101 - Title.

 Effective 9/1/2021  80-5-101. Title.  This chapter is known as "Juvenile Justice Services." Enacted by Chapter 261, 2021 General Session
UT Code § 80-5-103 (2021)
2021 Utah Code|Title 80 - Utah Juvenile Code|Chapter 5 - Juvenile Justice Services|Part 1 - Division of Juvenile Justice Services|Section 103 - Creation of division -- Jurisdiction.

 Effective 9/1/2021  80-5-103. Creation of division -- Jurisdiction.    (1) There is created the Division of Juvenile Justice Services within the department.     (2) The division shall be under the administration and supervision of the executive director of the department.     (3) The division has jurisdiction over all minors committed to the division under Sections 80-6-703 and 80-6-705.    Renumbered and Amended by Chapter 261, 2021 General Session
UT Code § 80-5-104 (2021)
2021 Utah Code|Title 80 - Utah Juvenile Code|Chapter 5 - Juvenile Justice Services|Part 1 - Division of Juvenile Justice Services|Section 104 - Division director -- Qualifications -- Responsibility.

 Effective 9/1/2021  80-5-104. Division director -- Qualifications -- Responsibility.    (1) The executive director of the department shall appoint the director of the division.     (2) The director shall have a bachelor's degree from an accredited university or college, be experienced in administration, and be knowledgeable in juvenile justice.     (3) The director is the administrative head of the division.    Renumbered and Amended by Chapter 261, 2021 General Session
UT Code § 80-5-202 (2021)
2021 Utah Code|Title 80 - Utah Juvenile Code|Chapter 5 - Juvenile Justice Services|Part 2 - Division Responsibilities|Section 202 - Division rulemaking authority.

 Effective 9/1/2021  80-5-202. Division rulemaking authority.    (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division shall make rules:   (a) establishing standards for the admission of a minor to detention;     (b) that describe good behavior for which credit may be earned under Subsection 80-6-704(4); and     (c) that establish a formula, in consultation with the Office of the Legislative Fiscal Analyst, to calculate savings from General Fund appropriations under 2017 Laws of Utah, Chapter 330, resulting from the reduction in out-of-home placements for juvenile offenders with the division.       (2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division may make rules:   (a) that govern the operation of prevention and early intervention programs, youth service programs, juvenile receiving centers, and other programs described in Section 80-5-401; and     (b) that govern the operation of detention and secure care facilities.       (3) A rule made by the division under Subsection (1)(a):   (a) may not permit secure detention based solely on the existence of multiple status offenses, misdemeanors, or infractions arising out of a single criminal episode; and     (b) shall prioritize use of home detention for a minor who might otherwise be held in secure detention.      Enacted by Chapter 261, 2021 General Session
UT Code § 80-5-203 (2021)
2021 Utah Code|Title 80 - Utah Juvenile Code|Chapter 5 - Juvenile Justice Services|Part 2 - Division Responsibilities|Section 203 - Detention risk assessment tool.

 Effective 9/1/2021  80-5-203. Detention risk assessment tool.    (1) The division, in conjunction with the Administrative Office of the Courts, shall develop or adopt, and validate on the Utah juvenile population, a statewide detention risk assessment tool.     (2)   (a) The division shall administer the detention risk assessment tool for each minor under consideration for detention.     (b) A designated individual who has completed training to conduct the detention risk assessment tool shall administer the detention risk assessment tool.       (3) The division and the Administrative Office of the Courts shall establish a scoring system to inform eligibility for placement of a minor in a detention facility or for referral to an alternative to detention.    Renumbered and Amended by Chapter 261, 2021 General Session
UT Code § 80-5-204 (2021)
2021 Utah Code|Title 80 - Utah Juvenile Code|Chapter 5 - Juvenile Justice Services|Part 2 - Division Responsibilities|Section 204 - Annual review of programs and facilities.

 Effective 9/1/2021  80-5-204. Annual review of programs and facilities.    (1)   (a) The division shall:   (i) annually review all programs and facilities that provide services to minors who have committed an offense, in this state or in any other state, which would constitute a felony or misdemeanor if committed by an adult; and     (ii) license all programs and facilities under Subsection (1)(a)(i) that are in compliance with standards established by the division .       (b) The division shall provide a written review to the manager of a program or facility under Subsection (1)(a).     (c) A program or facility that is unable or unwilling to comply with the standards established by the division may not be licensed.       (2) Any private facility or program providing services under this chapter that willfully fails to comply with the standards established by the division is guilty of a class B misdemeanor.    Renumbered and Amended by Chapter 261, 2021 General Session
UT Code § 80-5-205 (2021)
2021 Utah Code|Title 80 - Utah Juvenile Code|Chapter 5 - Juvenile Justice Services|Part 2 - Division Responsibilities|Section 205 - Contracts with private providers.

 Effective 9/1/2021  80-5-205. Contracts with private providers.    (1) This chapter does not prohibit the division from contracting with private providers or other agencies for:   (a) the construction, operation, and maintenance of juvenile facilities; or     (b) the provision of care, treatment, and supervision of minors who have been committed to the division.       (2) All programs for the care, treatment, and supervision of minors committed to the division shall be licensed in compliance with division standards within six months after commencing operation.     (3) A contract for the care, treatment, and supervision of a minor committed to the division shall be executed in accordance with the performance-based contracting system developed under Section 63M-7-208.    Renumbered and Amended by Chapter 261, 2021 General Session
UT Code § 80-5-206 (2021)
2021 Utah Code|Title 80 - Utah Juvenile Code|Chapter 5 - Juvenile Justice Services|Part 2 - Division Responsibilities|Section 206 - Records -- Property of division.

 Effective 9/1/2021  80-5-206. Records -- Property of division.    (1) All records maintained by programs that are under contract with the division to provide services to minors, are the property of the division and shall be returned to the division when the minor is terminated from the program.     (2) The division shall maintain an accurate audit trail of information provided to other programs or agencies regarding minors under the division's jurisdiction.    Renumbered and Amended by Chapter 261, 2021 General Session