reglab/statecodes huggingface dataset:
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 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, 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.
Amended by Chapter 310, 2023 General Session
Amended by Chapter 330, 2023 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 4 - Termination and Restoration of Parental Rights › Part 1 - General Provisions › Section 102 - Definitions.

Effective 9/1/2022
80-4-102.
Definitions.
As used in this chapter:
(1) "Division" means the Division of Child and Family Services created in Section 80-2-201.
(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 80-2-102.
Amended by Chapter 335, 2022 General Session
2023 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
2023 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 9/1/2022
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 terminating the rights of a parent, guardian, or custodian does not expire with termination of the jurisdiction of the juvenile court.
Amended by Chapter 334, 2022 General Session
2023 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 9/1/2022
80-4-106.
Individuals entitled to be present at proceedings -- Legal representation -- Attorney general responsibilities.
(1)
(a) The parties shall be advised of the parties' right to counsel, including the appointment of counsel for a parent or 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 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.
(2) Subject to Section 67-5-17 and the attorney general's prosecutorial discretion in civil enforcement actions, the attorney general shall, in accordance with Section 80-2-303, enforce this chapter, Chapter 2, Child Welfare Services, and Chapter 2a, Removal and Protective Custody of a Child, relating to the termination of parental rights.
(3)
(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 (3)(a) on the juvenile court's own motion or by motion of a party to the proceeding.
Amended by Chapter 334, 2022 General Session
2023 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 9/1/2022
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 child'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.
Amended by Chapter 334, 2022 General Session
2023 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
2023 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
2023 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
2023 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 9/1/2022
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, Chapter 2, Child Welfare Services, or Chapter 2a, Removal and Protective Custody of a Child, 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 80-2a-201, 80-2a-302, 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.
Amended by Chapter 335, 2022 General Session
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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 9/1/2022
80-4-305.
Court disposition of child upon termination of parental rights -- Posttermination reunification.
(1) Except as provided in Subsection (7), 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 the Indian Child Welfare Act, 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 child-placing agency or the division for adoption; or
(b) make any other disposition of the child authorized under Section 80-3-405 .
(3) Subject to Subsections (4) and (6), the division shall place all adoptable children placed in the custody of the division for adoption.
(4) If the parental rights of all parents of an adoptable child placed in the custody of the division are 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 is a relative who is 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 the relative unless the juvenile court finds that adoption by the relative is not in the best interest of the child.
(5) If an individual who is not a relative of the child desires to adopt the child, the juvenile court shall, before entering an order for adoption of the child, determine whether due weight was given to the relative's preferential consideration under Subsection 80-3-302(7)(a)(i).
(6) This section does not guarantee that a relative will be permitted to adopt the child.
(7) A parent whose rights are 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.
Amended by Chapter 287, 2022 General Session
Amended by Chapter 334, 2022 General Session
2023 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
2023 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 5/4/2022
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 before:
(a) 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.
Amended by Chapter 274, 2022 General Session
2023 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
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 4 - Termination and Restoration of Parental Rights › Part 5 - Safe Relinquishment of a Newborn Child › Section 501 - Definitions.

Effective 5/3/2023
80-4-501.
Definitions.
As used in this part:
(1) "Hospital" means a general acute hospital, as that term is defined in Section 26B-2-201, that is:
(a) equipped with an emergency room;
(b) open 24 hours a day, seven days a week; and
(c) employs full-time health care professionals who have emergency medical services training.
(2) "Newborn child" means a child who is approximately 30 days old or younger, as determined within a reasonable degree of medical certainty.
Amended by Chapter 330, 2023 General Session
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 5 - Juvenile Justice Services › Part 2 - Division Responsibilities › Section 207 - Restitution by a minor committed to the division.

Effective 9/1/2021
80-5-207.
Restitution by a minor committed to the division.
(1)
(a) The division shall make reasonable efforts to ensure that restitution is made to the victim of a minor who is committed to the division.
(b) Except as provided in Subsection (1)(c), restitution shall be made through the employment of minors in work programs.
(c) Reimbursement to the victim of a minor is conditional upon the minor's involvement in the work program.
(2) The division shall notify the juvenile court of all restitution paid to victims through the employment of a minor, who is committed to the division, in a work program.
Renumbered and Amended by Chapter 261, 2021 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 5 - Juvenile Justice Services › Part 2 - Division Responsibilities › Section 208 - Care of pregnant minor in secure detention or secure care.

Effective 9/1/2021
80-5-208.
Care of pregnant minor in secure detention or secure care.
(1) When a minor in secure detention or secure care is pregnant, the division shall:
(a) ensure that adequate prenatal and postnatal care is provided; and
(b) place the minor in an accredited hospital before delivery.
(2) As soon as the minor's condition after delivery will permit, the minor may be returned to:
(a) secure detention if the minor was placed in secure detention; or
(b) secure care if the minor was committed to secure care.
(3) If the division has concerns regarding the minor's fitness to raise the minor's child, the division shall make a referral for services for the minor and the minor's child to the Division of Child and Family Services.
Renumbered and Amended by Chapter 261, 2021 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 5 - Juvenile Justice Services › Part 3 - Funds and Accounts › Section 301 - Appropriation and funding of juvenile receiving centers.

Effective 9/1/2021
80-5-301.
Appropriation and funding of juvenile receiving centers.
Funding for juvenile receiving centers and youth services programs under this part is intended to be broad based, be provided by an appropriation by the Legislature to the division, and include federal grant money, local government money, and private donations.
Renumbered and Amended by Chapter 261, 2021 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 5 - Juvenile Justice Services › Part 3 - Funds and Accounts › Section 302 - Juvenile Justice Reinvestment Restricted Account.

Effective 5/4/2022
80-5-302.
Juvenile Justice Reinvestment Restricted Account.
(1) There is created in the General Fund a restricted account known as the "Juvenile Justice Reinvestment Restricted Account."
(2) The account shall be funded by savings calculated from General Fund appropriations by the Division of Finance as described in Subsection (3).
(3) At the end of the fiscal year, the Division of Finance shall:
(a) use the formula established in Subsection 80-5-202(1)(c) to calculate the savings from General Fund appropriations; and
(b) lapse the calculated savings into the account.
(4) Upon appropriation by the Legislature, the department may expend funds from the account:
(a) for the statewide expansion of nonresidential community-based programs, including:
(i) receiving centers;
(ii) mobile crisis outreach teams;
(iii) youth courts under Title 80, Chapter 6, Part 9, Youth Court; and
(iv) victim-offender mediation under Section 80-6-304 and Subsection 80-6-710(6);
(b) for nonresidential evidence-based programs and practices in cognitive, behavioral, and family therapy;
(c) to implement:
(i) nonresidential diagnostic assessment; and
(ii) nonresidential early intervention programs, including family strengthening programs, family wraparound services, and truancy interventions; or
(d) for infrastructure in nonresidential evidence-based juvenile justice programs, including staffing and transportation.
Amended by Chapter 155, 2022 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 5 - Juvenile Justice Services › Part 3 - Funds and Accounts › Section 303 - Report on the Juvenile Justice Reinvestment Restricted Account.

Effective 9/1/2021
80-5-303.
Report on the Juvenile Justice Reinvestment Restricted Account.
No later than December 31 of each year, the division shall provide to the Executive Offices and Criminal Justice Appropriations Subcommittee a written report of the division's activities under Subsection 80-5-202(1)(c) and Section 80-5-302, including:
(1) for the report submitted in 2019, the formula used to calculate the savings from General Fund appropriations under Subsection 80-5-202(1)(c);
(2) the amount of savings from General Fund appropriations calculated by the division for the previous fiscal year;
(3) an accounting of the money expended or committed to be expended under Subsection 80-5-302(4); and
(4) the balance of the account.
Renumbered and Amended by Chapter 261, 2021 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 5 - Juvenile Justice Services › Part 4 - Programs › Section 401 - Youth services for prevention and early intervention -- Program standards -- Program services.

Effective 5/3/2023
80-5-401.
Youth services for prevention and early intervention -- Program standards -- Program services.
(1) The division shall establish and operate prevention and early intervention youth services programs which shall include evidence-informed and research-informed interventions to:
(a) help youth and families avoid entry into the juvenile justice system; and
(b) improve attendance and academic achievement.
(2) The division shall adopt statewide policies and procedures, including minimum standards for the organization and operation of youth services programs.
(3) The division shall establish housing, programs, and procedures to ensure that minors who are receiving services under this section and who are not committed to the division are served separately from minors who are committed to the division.
(4) The division may enter into contracts with state and local governmental entities and private providers to provide the youth services.
(5) The division shall establish and administer juvenile receiving centers and other programs to provide temporary custody, care, risk-needs assessments, evaluations, and control for nonadjudicated and adjudicated minors placed with the division.
(6) The division shall prioritize use of evidence-based juvenile justice programs and practices.
Amended by Chapter 93, 2023 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 5 - Juvenile Justice Services › Part 4 - Programs › Section 402 - Community-based programs.

Effective 9/1/2021
80-5-402.
Community-based programs.
(1)
(a) The division shall operate residential and nonresidential community-based programs to provide care, treatment, and supervision for minors committed to the division by juvenile courts.
(b) The division shall operate or contract for nonresidential community-based programs and independent living programs to provide care, treatment, and supervision of paroled juvenile offenders.
(2) The division shall adopt minimum standards for the organization and operation of community-based programs for minors.
(3) The division shall place minors committed to the division for community-based programs in the most appropriate program based upon the division's evaluation of the minor's needs and the division's available resources in accordance with Sections 80-6-703 and 80-6-804.
Renumbered and Amended by Chapter 261, 2021 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 5 - Juvenile Justice Services › Part 4 - Programs › Section 403 - Case management staff.

Effective 9/1/2021
80-5-403.
Case management staff.
(1) The division shall provide a sufficient number of case management staff members to provide care, treatment, and supervision for juvenile offenders on parole and for minors committed to the division by the juvenile courts for community-based programs.
(2)
(a) Case management staff shall develop treatment programs for each minor in the community, provide appropriate services, and monitor individual progress.
(b) Progress reports shall be filed every three months with:
(i) the juvenile court for each minor committed to the division for community-based programs; and
(ii) the authority for each juvenile offender on parole.
(c) The authority, in the case of juvenile offenders on parole, or the juvenile court, in the case of minors committed to the division for placement in community programs, shall be immediately notified, in writing, of any violation of law or of conditions of parole or placement.
(3) Case management staff shall:
(a) conduct investigations and make reports requested by a juvenile court to aid the juvenile court in determining appropriate case dispositions; and
(b) conduct investigations and make reports requested by the authority to aid the authority in making appropriate dispositions in cases of parole, revocation, and termination.
Renumbered and Amended by Chapter 261, 2021 General Session