2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 3 - Abuse, Neglect, and Dependency Proceedings › Part 4 - Adjudication, Disposition, and Permanency › Section 405 - Dispositions after adjudication.

Effective 5/3/2023
80-3-405.
Dispositions after adjudication.
(1) Upon adjudication under Subsection 80-3-402(1), the juvenile court may make the dispositions described in Subsection (2) at the dispositional hearing.
(2)
(a)
(i) The juvenile court may vest custody of an abused, neglected, or dependent minor in the division or any other appropriate person, with or without court-specified child welfare services, in accordance with the requirements and procedures of this chapter.
(ii) When placing a minor in the custody of the division or any other appropriate person, the juvenile court:
(A) shall give primary consideration to the welfare of the minor;
(B) shall give due consideration to the rights of the parent or parents concerning the minor; and
(C) when practicable, may take into consideration the religious preferences of the minor and of the minor's parents or guardian.
(b)
(i) The juvenile court may appoint a guardian for the minor if it appears necessary in the interest of the minor.
(ii) A guardian appointed under Subsection (2)(b)(i) may be a public or private institution or agency, but not a nonsecure residential placement provider, in which legal custody of the minor is vested.
(iii) When placing a minor under the guardianship of an individual or of a private agency or institution, the juvenile court:
(A) shall give primary consideration to the welfare of the minor; and
(B) when practicable, may take into consideration the religious preferences of the minor and of the minor's parents or guardian.
(c) The juvenile court may order:
(i) protective supervision;
(ii) family preservation;
(iii) sibling visitation; or
(iv) other services.
(d)
(i) If a minor has been placed with an individual or relative as a result of an adjudication under this chapter, the juvenile court may enter an order of permanent legal custody and guardianship with the individual or relative of the minor.
(ii) If a juvenile court enters an order of permanent custody and guardianship with an individual or relative of a minor under Subsection (2)(d)(i), the juvenile court may, in accordance with Section 78A-6-356, enter an order for child support on behalf of the minor against the natural parents of the minor.
(iii) An order under this Subsection (2)(d):
(A) shall remain in effect until the minor is 18 years old;
(B) is not subject to review under Section 78A-6-358; and
(C) may be modified by petition or motion as provided in Section 78A-6-357.
(e) The juvenile court may order a child be committed to the physical custody, as defined in Section 26B-5-401, of a local mental health authority, in accordance with the procedures and requirements of Title 26B, Chapter 5, Part 4, Commitment of Persons Under Age 18.
(f)
(i) If the child has an intellectual disability, the juvenile court may make an order committing a minor to the Utah State Developmental Center in accordance with Title 26B, Chapter 6, Part 6, Admission to an Intermediate Care Facility for People with an Intellectual Disability.
(ii) The juvenile court shall follow the procedure applicable in the district court with respect to judicial commitments to the Utah State Developmental Center when ordering a commitment under Subsection (2)(f)(i).
(g)
(i) Subject to Subsection 80-1-102(58)(b) and Section 80-3-304, the juvenile court may order that a minor:
(A) be examined or treated by a mental health therapist, as described in Section 80-3-109; or
(B) receive other special care.
(ii) For purposes of receiving the examination, treatment, or care described in Subsection (2)(g)(i), the juvenile court may place the minor in a hospital or other suitable facility that is not secure care or secure detention.
(iii) In determining whether to order the examination, treatment, or care described in Subsection (2)(g)(i), the juvenile court shall consider:
(A) the desires of the minor;
(B) the desires of the parent or guardian of the minor if the minor is younger than 18 years old; and
(C) whether the potential benefits of the examination, treatment, or care outweigh the potential risks and side-effects, including behavioral disturbances, suicidal ideation, brain function impairment, or emotional or physical harm resulting from the compulsory nature of the examination, treatment, or care.
(h) The juvenile court may make other reasonable orders for the best interest of the minor.
(3)
(a) At the dispositional hearing described in Subsection 80-3-402(3), if 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 (3)(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 (3)(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.
(4) Upon an adjudication under this chapter, the juvenile court may not:
(a) commit a minor solely on the ground of abuse, neglect, or dependency to the Division of Juvenile Justice and Youth Services;
(b) assume the function of developing foster home services; or
(c) vest legal custody of an abused, neglected, or dependent minor in the division to primarily address the minor's ungovernable or other behavior, mental health, or disability, unless the division:
(i) engages other relevant divisions within the department that are conducting an assessment of the minor and the minor's family's needs;
(ii) based on the assessment described in Subsection (4)(c)(i), determines that vesting custody of the minor in the division is the least restrictive intervention for the minor that meets the minor's needs; and
(iii) consents to legal custody of the minor being vested in the division.
(5) The juvenile court may combine the dispositions listed in Subsection (2) if combining the dispositions is permissible and the dispositions are compatible.
(6)
(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
Amended by Chapter 320, 2023 General Session
Amended by Chapter 330, 2023 General Session