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2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 3 - Abuse, Neglect, and Dependency Proceedings › Part 1 - General Provisions › Section 102 - Definitions.

Effective 9/1/2022
80-3-102.
Definitions.
As used in this chapter:
(1) "Abuse, neglect, or dependency petition" means a petition filed in accordance with this chapter to commence proceedings in a juvenile court alleging that a child is:
(a) abused;
(b) neglected; or
(c) dependent.
(2) "Custody" means the same as that term is defined in Section 80-2-102.
(3) "Division" means the Division of Child and Family Services created in Section 80-2-201.
(4) "Friend" means an adult who:
(a) has an established relationship with the child or a family member of the child; and
(b) is not the natural parent of the child.
(5) "Immediate family member" means a spouse, child, parent, sibling, grandparent, or grandchild.
(6) "Relative" means an adult who:
(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;
(b) is a first cousin of the child's parent;
(c) is a permanent guardian or natural parent of the child's sibling; or
(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, 25 U.S.C. Sec. 1903.
(7) "Sibling" means the same as that term is defined in Section 80-2-102.
(8) "Sibling visitation" means the same as that term is defined in Section 80-2-102.
(9) "Temporary custody" means the same as that term is defined in Section 80-2-102.
Amended by Chapter 287, 2022 General Session
Amended by Chapter 334, 2022 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 3 - Abuse, Neglect, and Dependency Proceedings › Part 1 - General Provisions › Section 103 - Nature of proceedings -- Rules of procedure -- Ex parte communications.

Effective 9/1/2021
80-3-103.
Nature of proceedings -- Rules of procedure -- Ex parte communications.
(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) Any unauthorized ex parte communication concerning a pending case between a judge and a party to an abuse, neglect, or dependency proceeding shall be recorded for subsequent review, if necessary, by the Judicial Conduct Commission.
Renumbered and Amended by Chapter 261, 2021 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 3 - Abuse, Neglect, and Dependency Proceedings › Part 1 - General Provisions › Section 105 - Consolidation of proceedings.

Effective 9/1/2021
80-3-105.
Consolidation of proceedings.
(1) Subject to Subsection (2), when more than one child is involved in a home situation that may be found to constitute abuse, neglect, or dependency, the proceedings may be consolidated.
(2) Separate hearings may be held in proceedings consolidated under Subsection (1) with respect to disposition.
Enacted by Chapter 261, 2021 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 3 - Abuse, Neglect, and Dependency Proceedings › Part 1 - General Provisions › Section 106 - Record of proceedings.

Effective 9/1/2021
80-3-106.
Record of proceedings.
(1) As used in this section:
(a) "Record of a proceeding" does not include documentary materials of any type submitted to the juvenile court as part of the proceeding, including items submitted under Utah Rules of Juvenile Procedure, Rule 45.
(b) "Subjects of the record" includes the child's attorney guardian ad litem, the child's guardian, the division, and any other party to the proceeding.
(2)
(a) Except as provided in Subsection (2)(b), the juvenile court shall take a verbatim record of the proceedings under this chapter, unless dispensed with by the juvenile court.
(b) A juvenile court shall take a verbatim record of the proceedings in all cases under this chapter that might result in deprivation of custody.
(3) Notwithstanding any other provision, including Title 63G, Chapter 2, Government Records Access and Management Act, the juvenile court shall release a record of a proceeding made under Subsection (2) to any person upon a finding on the record for good cause.
(4) Following a petition for a record of a proceeding made under Subsection (2), the juvenile court shall:
(a) provide notice to all subjects of the record that a request for release of the record has been made; and
(b) allow sufficient time for the subjects of the record to respond before making a finding on the petition.
(5) A record of a proceeding may not be released under this section if the juvenile court's jurisdiction over the subjects of the proceeding ended more than 12 months before the day on which the request is made.
Enacted by Chapter 261, 2021 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 3 - Abuse, Neglect, and Dependency Proceedings › Part 1 - General Provisions › Section 108 - Opportunity for a minor to address the juvenile court -- Consideration of minor's statement outside of court.

Effective 9/1/2021
80-3-108.
Opportunity for a minor to address the juvenile court -- Consideration of minor's statement outside of court.
(1) As used in this section, "postadjudication hearing" means:
(a) a dispositional hearing;
(b) a permanency hearing; or
(c) a review hearing, except a drug court review hearing.
(2) A minor shall be present at any postadjudication hearing in a case relating to the abuse, neglect, or dependency of the minor, unless the juvenile court determines that:
(a) requiring the minor to be present at the postadjudication hearing would be detrimental to the minor or impractical; or
(b) the minor is not sufficiently mature to articulate the minor's wishes in relation to the hearing.
(3) A juvenile court may, in the juvenile court's discretion, order that a minor described in Subsection (2) be present at a hearing that is not a postadjudication hearing.
(4)
(a) Except as provided in Subsection (4)(b), at any hearing in a case relating to the abuse, neglect, or dependency of a minor, when the minor is present at the hearing, the juvenile court shall:
(i) ask the minor whether the minor desires the opportunity to address the juvenile court or testify; and
(ii) if the minor desires an opportunity to address the juvenile court or testify, allow the minor to address the juvenile court or testify.
(b) Subsection (4)(a) does not apply if the juvenile court determines that:
(i) it would be detrimental to the minor to comply with Subsection (4)(a); or
(ii) the minor is not sufficiently mature to articulate the minor's wishes in relation to the hearing.
(c) Subject to applicable court rules, the juvenile court may allow the minor to address the court in camera.
(d) If a minor 14 years old or older desires an opportunity to address the juvenile court or testify, the juvenile court shall give the minor's desires added weight, but may not treat the minor's desires as the single controlling factor in a postadjudication hearing or other hearing described in Subsection (3).
(e) For the purpose of establishing the fact of abuse, neglect, or dependency, 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.
(5) This section does not prohibit a minor from being present at a hearing that the minor is not required to be at under this section or by court order, unless the juvenile court orders otherwise.
Renumbered and Amended by Chapter 261, 2021 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 3 - Abuse, Neglect, and Dependency Proceedings › Part 1 - General Provisions › Section 109 - Physical or mental health examination during proceedings -- Division duties.

Effective 9/1/2022
80-3-109.
Physical or mental health examination during proceedings -- Division duties.
(1) In a proceeding under this chapter, the juvenile court:
(a) may appoint any mental health therapist, as defined in Section 58-60-102, who the juvenile court finds to be qualified to:
(i) evaluate the mental health of a minor or provide mental health services to the minor; or
(ii) after notice and a hearing set for the specific purpose, evaluate the mental health of the minor's parent or guardian or provide mental health services to the parent or guardian if the juvenile court finds from the evidence presented at the hearing that the parent's or guardian's mental or emotional condition may be a factor in causing the abuse, neglect, or dependency of the minor; or
(b) may appoint a physician, or a physician assistant, who the juvenile court finds to be qualified to:
(i) physically examine the minor; or
(ii) after notice and a hearing set for the specific purpose, physically examine the minor's parent or guardian if the juvenile court finds from the evidence presented at the hearing that the parent's or guardian's physical condition may be a factor in causing the abuse, neglect, or dependency of the minor.
(2) The juvenile court 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.
(3) The division shall, with regard to a minor in the division's custody:
(a) take reasonable measures to notify a minor's parent or guardian of any non-emergency health treatment or care scheduled for a minor;
(b) include the minor's parent or guardian as fully as possible in making health care decisions for the minor;
(c) defer to the minor's parent's or guardian's reasonable and informed decisions regarding the minor's health care to the extent that the minor's health and well-being are not unreasonably compromised by the parent's or guardian's decision; and
(d) notify the minor's parent or guardian within five business days after the day on which the minor receives emergency health care or treatment.
(4) An examination conducted in accordance with Subsection (1) is not a privileged communication under Utah Rules of Evidence, Rule 506(d)(3), and is exempt from the general rule of privilege.
(5) Subsection (1) applies to a proceeding under this chapter involving:
(a) parents and minors; or
(b) the division.
Amended by Chapter 334, 2022 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 3 - Abuse, Neglect, and Dependency Proceedings › Part 1 - General Provisions › Section 111 - Interstate compact -- Relative placement.

Effective 5/3/2023
80-3-111.
Interstate compact -- Relative placement.
(1) 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:
(a) the preferential consideration granted to a relative in Section 80-3-302;
(b) the rebuttable presumption in Section 80-3-302; and
(c) the division's placement authority under Subsections 80-1-102(50) and 80-3-303(1).
(2) Nothing in this section affects the ability of a foster parent to petition the juvenile court under Subsection 80-3-502(3).
Enacted by Chapter 309, 2023 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 3 - Abuse, Neglect, and Dependency Proceedings › Part 2 - Petition Alleging Abuse, Neglect, or Dependency › Section 201 - Petition -- Who may file -- Timing -- Dismissal -- Notice.

Effective 9/1/2022
80-3-201.
Petition -- Who may file -- Timing -- Dismissal -- Notice.
(1) Subject to Subsection (2), any interested person may file an abuse, neglect, or dependency petition.
(2) A person described in Subsection (1) shall make a referral with the division before the person files an abuse, neglect, or dependency petition.
(3) If a child who is the subject of an abuse, neglect, or dependency petition is removed from the child's home by the division, the petition shall be filed on or before the day on which the initial shelter hearing described in Section 80-3-301 is held.
(4) An abuse, neglect, or dependency petition shall include:
(a) a concise statement of facts, separately stated, to support the conclusion that the child upon whose behalf the abuse, neglect, or dependency petition is brought is abused, neglected, or dependent; and
(b) a statement regarding whether the child is in protective custody, and if so, the date and precise time the child was taken into protective custody.
(5)
(a) Upon the filing of an abuse, neglect, or dependency petition, the petitioner shall serve the petition and notice on:
(i) the guardian ad litem;
(ii) both parents and any guardian of the child; and
(iii) the child's foster parents.
(b) The notice described in Subsection (5) shall contain all of the following:
(i) the name and address of the person to whom the notice is directed;
(ii) the date, time, and place of the hearing on the petition;
(iii) the name of the child on whose behalf the petition is brought;
(iv) a statement that the parent or guardian to whom notice is given, and the child, are entitled to have an attorney present at the hearing on the petition, and that if the parent or guardian is indigent and cannot afford an attorney, and desires to be represented by an attorney, one will be provided; and
(v) a statement that the parent or guardian is liable for the cost of support of the child in the protective custody, temporary custody, and custody of the division, and for legal counsel appointed for the parent or guardian under Subsection (5)(b)(iv), according to the parent's or guardian's financial ability.
(6) The petitioner shall serve the abuse, neglect, or dependency petition and notice under this section on all individuals described in Subsection (5)(a) as soon as possible after the petition is filed and at least five days before the day on which the hearing is set.
(7) The juvenile court may dismiss an abuse, neglect, or dependency petition at any stage of the proceedings.
(8) If an abuse, neglect, or dependency petition includes an allegation of educational neglect, Sections 53G-6-210 and 53G-6-211 are applicable to the proceedings under this chapter.
Amended by Chapter 334, 2022 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 3 - Abuse, Neglect, and Dependency Proceedings › Part 2 - Petition Alleging Abuse, Neglect, or Dependency › Section 202 - Expedited filing of petition.

Effective 9/1/2021
80-3-202.
Expedited filing of petition.
(1) If an abuse, neglect, or dependency petition is requested by the division, the attorney general shall file the abuse, neglect, or dependency petition within 72 hours after the completion of the division's investigation and request, excluding weekends and holidays, if:
(a) the child who is the subject of the requested abuse, neglect, or dependency petition is not removed from the child's home by the division; and
(b) without an expedited hearing and services ordered under the protective supervision of the juvenile court, the child will likely be taken into protective custody.
(2) The juvenile court shall give scheduling priority to the pretrial and adjudication hearings on an abuse, neglect, or dependency petition if:
(a) the child who is the subject of the petition is not in:
(i) protective custody; or
(ii) temporary custody; and
(b) the division indicates in the petition that, without expedited hearings and services ordered under the protective supervision of the court, the child will likely be taken into protective custody.
Renumbered and Amended by Chapter 261, 2021 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 3 - Abuse, Neglect, and Dependency Proceedings › Part 2 - Petition Alleging Abuse, Neglect, or Dependency › Section 203 - Expedited hearing for temporary custody.

Effective 9/1/2021
80-3-203.
Expedited hearing for temporary custody.
(1) After an abuse, neglect, or dependency petition is filed, the juvenile court may make an order:
(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 or 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 an abuse, neglect, or dependency petition;
(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
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 3 - Abuse, Neglect, and Dependency Proceedings › Part 2 - Petition Alleging Abuse, Neglect, or Dependency › Section 205 - Coordination of proceedings.

Effective 9/1/2021
80-3-205.
Coordination of proceedings.
(1) In each case where an information or indictment is filed against a defendant concerning abuse, neglect, or dependency of a child, and a petition is filed in juvenile court concerning the victim, the appropriate county attorney's or district attorney's office shall coordinate with the attorney general's office.
(2) Law enforcement personnel, division personnel, the appointed guardian ad litem, pretrial services personnel, and corrections personnel shall make reasonable efforts to facilitate the coordination required under this section.
(3) A member of a child protection team may participate in the coordination required under this section.
(4) A member of a child protection team may coordinate with the attorney general's office, division personnel, the appointed guardian ad litem, pretrial services personnel, and corrections personnel as appropriate under this section.
Amended by Chapter 29, 2021 General Session
Renumbered and Amended by Chapter 261, 2021 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 3 - Abuse, Neglect, and Dependency Proceedings › Part 2 - Petition Alleging Abuse, Neglect, or Dependency › Section 206 - Mediation.

Effective 9/1/2021
80-3-206.
Mediation.
If an abuse, neglect, or dependency petition is filed, or if a 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
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 3 - Abuse, Neglect, and Dependency Proceedings › Part 2 - Petition Alleging Abuse, Neglect, or Dependency › Section 207 - Modification of petition -- Continuance.

Effective 9/1/2021
80-3-207.
Modification of petition -- Continuance.
(1) When it appears in a proceeding under this chapter that evidence presented points to material facts not alleged in the abuse, neglect, or dependency petition, the juvenile court may consider the additional or different matters raised by the evidence if the parties consent.
(2) The juvenile court on motion of any interested party, or on the juvenile court's own motion, shall direct that the abuse, neglect, or dependency petition 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 abuse, neglect, or dependency petition, 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
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 3 - Abuse, Neglect, and Dependency Proceedings › Part 3 - Shelter Proceedings and Placement of a Child › Section 303 - Post-shelter hearing placement of a child in division's temporary custody.

Effective 5/3/2023
80-3-303.
Post-shelter hearing placement of a child in division's temporary custody.
(1) If the juvenile court awards temporary custody of a child to the division under Section 80-3-302, or as otherwise permitted by law, the division shall determine ongoing placement of the child.
(2) In placing a child under Subsection (1), the division:
(a) except as provided in Subsections (2)(b) and (e), shall comply with the applicable background check provisions described in Section 80-3-302;
(b) is not required to receive approval from the juvenile court before making the placement;
(c) shall consider the preferential consideration and rebuttable presumption described in Subsection 80-3-302(7)(a);
(d) shall, within three days, excluding weekends and holidays, after the day on which the placement is made, give written notice to the juvenile court, and the parties to the proceedings, that the placement has been made;
(e) may place the child with a noncustodial parent, relative, or friend, using the same criteria established for an emergency placement under Section 80-2a-301, pending the results of:
(i) the background check described in Subsection 80-3-302(13)(a); and
(ii) evaluation with the noncustodial parent, relative, or friend to determine the individual's capacity to provide ongoing care to the child; and
(f) shall take into consideration the will of the child, if the child is of sufficient maturity to articulate the child's wishes in relation to the child's placement.
(3) If the division's placement decision differs from a child's express wishes and the child is of sufficient maturity to state the child's wishes in relation to the child's placement, the division shall:
(a) make written findings explaining why the division's decision differs from the child's wishes; and
(b) provide the written findings to the juvenile court and the child's attorney guardian ad litem.
(4)
(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:
(i) the preferential consideration granted to a relative in Section 80-3-302;
(ii) the rebuttable presumption in Section 80-3-302; and
(iii) the division's placement authority under Subsections 80-1-102(50) and 80-3-303(1).
(b) Nothing in this section affects the ability of a foster parent to petition the juvenile court under Subsection 80-3-502(3).
Amended by Chapter 309, 2023 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 3 - Abuse, Neglect, and Dependency Proceedings › Part 3 - Shelter Proceedings and Placement of a Child › Section 304 - Second medical opinion in cases of alleged medical neglect.

Effective 9/1/2021
80-3-304.
Second medical opinion in cases of alleged medical neglect.
(1) In cases of alleged medical neglect where the division seeks protective custody, temporary custody, or custody of the child based on the report or testimony of a physician, a parent or guardian shall have a reasonable amount of time, as determined by the juvenile court, to obtain a second medical opinion from another physician of the parent's or guardian's choosing who has expertise in the applicable field.
(2) Unless there is an imminent risk of death or a deteriorating condition of the child's health, the child shall remain in the custody of the parent or guardian while the parent or guardian obtains a second medical opinion.
(3) If the second medical opinion results in a different diagnosis or treatment recommendation from that of the opinion of the physician the division used, the juvenile court shall give deference to the second medical opinion as long as that opinion is reasonable and informed and is consistent with treatment that is regularly prescribed by medical experts in the applicable field.
(4) Subsections (1) through (3) do not apply to emergency treatment or care when the child faces an immediate threat of death or serious and irreparable harm and when there is insufficient time to safely allow the parent or guardian to provide alternative necessary care and treatment of the parent's or guardian's choosing.
Renumbered and Amended by Chapter 261, 2021 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 3 - Abuse, Neglect, and Dependency Proceedings › Part 3 - Shelter Proceedings and Placement of a Child › Section 306 - Outstanding arrest warrant check before return of custody.

Effective 9/1/2021
80-3-306.
Outstanding arrest warrant check before return of custody.
(1) Before the division may recommend that a child who is in protective custody, temporary custody, or custody of the division be returned to the custody of a parent or guardian of the child, the division shall determine whether the parent or guardian has an outstanding felony arrest warrant in any state where the parent or guardian has resided or in any state where an immediate family member of the parent or guardian resides.
(2) The division shall file the results of the felony arrest warrant check with the juvenile court.
(3)
(a) If the parent or guardian of a child who is in protective custody, temporary custody, or custody of the division has an outstanding arrest warrant in any state, the juvenile court may deny the return of the child to the custody of the parent or guardian.
(b) When making a determination described in Subsection (3)(a), the juvenile court shall consider the best interest of the child.
Renumbered and Amended by Chapter 261, 2021 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 3 - Abuse, Neglect, and Dependency Proceedings › Part 4 - Adjudication, Disposition, and Permanency › Section 401 - Pretrial and adjudication hearing -- Time deadlines.

Effective 9/1/2021
80-3-401.
Pretrial and adjudication hearing -- Time deadlines.
(1)
(a) Upon the filing of an abuse, neglect, or dependency petition, the clerk of the juvenile court shall set the pretrial hearing on the petition within 15 calendar days after the later of:
(i) the day on which the shelter hearing is held; or
(ii) the day on which the abuse, neglect, or dependency petition is filed.
(b) The pretrial hearing may be continued upon motion of any party for good cause shown as described in Utah Rules of Juvenile Procedure, Rule 54.
(2) The final adjudication hearing shall be held no later than 60 calendar days after the later of:
(a) the day on which the shelter hearing is held; or
(b) the day on which the abuse, neglect, or dependency petition is filed.
Renumbered and Amended by Chapter 261, 2021 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 3 - Abuse, Neglect, and Dependency Proceedings › Part 4 - Adjudication, Disposition, and Permanency › Section 402 - Adjudication hearing -- Dispositional hearing time deadlines -- Scheduling of review and permanency hearing.

Effective 5/3/2023
80-3-402.
Adjudication hearing -- Dispositional hearing time deadlines -- Scheduling of review and permanency hearing.
(1) If, at the adjudication hearing, the juvenile court finds, by clear and convincing evidence, that the allegations contained in the abuse, neglect, or dependency petition are true, the juvenile court shall conduct a dispositional hearing.
(2)
(a) If, at the adjudication hearing, a child remains in an out-of-home placement, the juvenile court shall:
(i) make specific findings regarding the conditions of parent-time that are in the child's best interest; and
(ii) if parent-time is denied, state the facts that justify the denial.
(b) Parent-time shall be under the least restrictive conditions necessary to:
(i) protect the physical safety of the child; or
(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.
(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:
(A) protect the physical safety of the child;
(B) protect the life of the child; or
(C) consistent with Subsection (2)(c)(ii), prevent the child from being traumatized by contact with the parent.
(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:
(A) the child's fear of the parent; and
(B) the nature of the alleged abuse or neglect.
(3) The dispositional hearing may be held on the same date as the adjudication hearing, but shall be held no later than 30 calendar days after the day on which the adjudication hearing is held.
(4) At the adjudication hearing or the dispositional hearing, the juvenile court shall schedule dates and times for:
(a) the six-month periodic review; and
(b) the permanency hearing.
(5) If an abuse, neglect, or dependency petition is filed under this chapter and a petition for termination of parental rights is filed under Section 80-4-201, before the day on which a dispositional hearing is held on the abuse, neglect, or dependency petition, a party may request a hearing on whether reunification services are appropriate in accordance with the factors described in Subsections 80-3-406(5) and (7).
Amended by Chapter 320, 2023 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 3 - Abuse, Neglect, and Dependency Proceedings › Part 4 - Adjudication, Disposition, and Permanency › Section 403 - Treatment for offender and victim -- Costs.

Effective 9/1/2021
80-3-403.
Treatment for offender and victim -- Costs.
(1) Upon adjudication in the juvenile court of an individual charged with child abuse, child sexual abuse, or sexual exploitation of a child, the juvenile court may order treatment for the adjudicated offender or the victim.
(2) The juvenile court shall require the adjudicated offender described in Subsection (1) to pay, to the extent that the adjudicated offender is able, the costs of the treatment described in Subsection (1) and the administrative costs incurred by the division in monitoring completion of the ordered therapy or treatment.
(3) If the adjudicated offender is unable to pay the full cost of treatment under Subsection (2), the juvenile court:
(a) may order the division to pay the costs, to the extent that funding is provided by the Legislature for that purpose; and
(b) shall order the adjudicated offender to perform public service work as compensation for the cost of the treatment.
Renumbered and Amended by Chapter 261, 2021 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 3 - Abuse, Neglect, and Dependency Proceedings › Part 4 - Adjudication, Disposition, and Permanency › Section 404 - Finding of severe child abuse or neglect -- Order delivered to division -- Court records.

Effective 5/3/2023
Superseded 7/1/2024
80-3-404.
Finding of severe child abuse or neglect -- Order delivered to division -- Court records.
(1) If an abuse, neglect, or dependency petition is filed with the juvenile court that informs the juvenile court that the division has made a supported finding that an individual committed a severe type of child abuse or neglect, the juvenile court shall:
(a) make a finding of substantiated, unsubstantiated, or without merit;
(b) include the finding described in Subsection (1)(a) in a written order; and
(c) deliver a certified copy of the order described in Subsection (1)(b) to the division.
(2) The juvenile court shall make the finding described in Subsection (1):
(a) as part of the adjudication hearing;
(b) at the conclusion of the adjudication hearing; or
(c) as part of a court order entered under a written stipulation of the parties.
(3) In accordance with Section 80-2-707, a proceeding for adjudication of a supported finding of a type of abuse or neglect that does not constitute a severe type of child abuse or neglect may be joined in the juvenile court with an adjudication of a severe type of child abuse or neglect.
(4)
(a) The juvenile court shall make records of the juvenile court's findings under Subsection (1) available only to an individual with statutory authority to access the Licensing Information System for the purposes of licensing under Sections 26B-1-211, 26B-2-120, and 26B-2-404, or for the purposes described in Sections 26B-2-121, 26B-2-238 through 26B-2-241, or 26B-4-124.
(b) An appellate court shall make records of an appeal from the juvenile court's decision under Subsection (1) available only to an individual with statutory authority to access the Licensing Information System for the purposes described in Subsection (4)(a).
Amended by Chapter 330, 2023 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 3 - Abuse, Neglect, and Dependency Proceedings › Part 4 - Adjudication, Disposition, and Permanency › Section 404 - Finding of severe child abuse or neglect -- Order delivered to division -- Court records.

Effective 7/1/2024
80-3-404.
Finding of severe child abuse or neglect -- Order delivered to division -- Court records.
(1) If an abuse, neglect, or dependency petition is filed with the juvenile court that informs the juvenile court that the division has made a supported finding that an individual committed a severe type of child abuse or neglect, the juvenile court shall:
(a) make a finding of substantiated, unsubstantiated, or without merit;
(b) include the finding described in Subsection (1)(a) in a written order; and
(c) deliver a certified copy of the order described in Subsection (1)(b) to the division.
(2) The juvenile court shall make the finding described in Subsection (1):
(a) as part of the adjudication hearing;
(b) at the conclusion of the adjudication hearing; or
(c) as part of a court order entered under a written stipulation of the parties.
(3) In accordance with Section 80-2-707, a proceeding for adjudication of a supported finding of a type of abuse or neglect that does not constitute a severe type of child abuse or neglect may be joined in the juvenile court with an adjudication of a severe type of child abuse or neglect.
(4)
(a) The juvenile court shall make records of the juvenile court's findings under Subsection (1) available only to an individual with statutory authority to access the Licensing Information System for the purposes of licensing under Sections 26B-1-211, 26B-2-120, and 26B-2-404, or for the purposes described in Sections 53-2d-410, 26B-2-121, 26B-2-238 through 26B-2-241, or 26B-4-124.
(b) An appellate court shall make records of an appeal from the juvenile court's decision under Subsection (1) available only to an individual with statutory authority to access the Licensing Information System for the purposes described in Subsection (4)(a).
Amended by Chapter 310, 2023 General Session
Amended by Chapter 330, 2023 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 3 - Abuse, Neglect, and Dependency Proceedings › Part 4 - Adjudication, Disposition, and Permanency › Section 408 - Periodic review hearings -- Dispositional reports.

Effective 9/1/2021
80-3-408.
Periodic review hearings -- Dispositional reports.
(1) At least every six months, the division or the juvenile court shall conduct a periodic review of the status of each minor in the custody of the division, until the juvenile court terminates the division's custody of the minor.
(2)
(a) The juvenile court or the division shall conduct the review described in Subsection (1) in accordance with the requirements of the case review system described in 42 U.S.C. Section 675.
(b) If a review described in Subsection (1) is conducted by the division, the division shall:
(i) conduct the review in accordance with the administrative review requirements of 42 U.S.C. Section 675; and
(ii) to the extent practicable, involve volunteer citizens in the administrative review process.
(3)
(a) Within 30 days after the day on which a review described in Subsection (1) that is conducted by the division is completed, the division shall:
(i) submit a copy of the division's dispositional report to the juvenile court to be made a part of the juvenile court's legal file; and
(ii) provide a copy of the dispositional report to each party in the case to which the review relates.
(b) The juvenile court shall receive and review each dispositional report submitted under Subsection (3)(a)(i) in the same manner as the juvenile court receives and reviews a report described in Section 80-6-307.
(c) If a report submitted under Subsection (3)(a)(i) is determined to be an ex parte communication with a judge, the report is considered a communication authorized by law.
Renumbered and Amended by Chapter 261, 2021 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 3 - Abuse, Neglect, and Dependency Proceedings › Part 5 - Miscellaneous Hearings and Petitions › 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
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 3 - Abuse, Neglect, and Dependency Proceedings › Part 5 - Miscellaneous Hearings and Petitions › 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
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 3 - Abuse, Neglect, and Dependency Proceedings › Part 5 - Miscellaneous Hearings and Petitions › 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
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 3 - Abuse, Neglect, and Dependency Proceedings › Part 5 - Miscellaneous Hearings and Petitions › Section 504 - Petition for substantiation -- Court findings -- Expedited hearing -- Records of an appeal.

Effective 5/3/2023
Superseded 7/1/2024
80-3-504.
Petition for substantiation -- Court findings -- Expedited hearing -- Records of an appeal.
(1) The division or an individual may file a petition for substantiation in accordance with Section 80-2-1004.
(2) If the division decides to file a petition for substantiation under Section 80-2-1004, the division shall file the petition no more than 14 days after the day on which the division makes the decision.
(3) At the conclusion of the hearing on a petition for substantiation, the juvenile court shall:
(a) make a finding of substantiated, unsubstantiated, or without merit;
(b) include the finding in a written order; and
(c) deliver a certified copy of the order to the division.
(4) If an individual whose name is listed on the Licensing Information System before May 6, 2002, files a petition for substantiation under Section 80-2-1004 during the time that an alleged perpetrator's application for clearance to work with children or vulnerable adults is pending, the juvenile court shall:
(a) hear the matter on an expedited basis; and
(b) enter a final decision no later than 60 days after the day on which the petition for substantiation is filed.
(5) An appellate court shall make a record of an appeal from the juvenile court's decision under Subsection (3) available only to an individual with statutory authority to access the Licensing Information System for the purposes of licensing under Sections 26B-1-211, 26B-2-120, and 26B-2-404, or for the purposes described in Sections 26B-2-121, 26B-2-238 through 26B-2-241, or 26B-4-124.
Amended by Chapter 330, 2023 General Session