78A-6-314 - Permanency hearing -- Final plan -- Petition for termination of parental rights filed -- Hearing on termination of parental rights.
78A-6-314. Permanency hearing -- Final plan -- Petition for termination of parentalrights filed -- Hearing on termination of parental rights.
(1) (a) When reunification services have been ordered in accordance with Section78A-6-312, with regard to a minor who is in the custody of the Division of Child and FamilyServices, a permanency hearing shall be held by the court no later than 12 months after the dayon which the minor was initially removed from the minor's home.
(b) If reunification services were not ordered at the dispositional hearing, a permanencyhearing shall be held within 30 days after the day on which the dispositional hearing ends.
(2) (a) If reunification services were ordered by the court in accordance with Section78A-6-312, the court shall, at the permanency hearing, determine, consistent with Subsection (3),whether the minor may safely be returned to the custody of the minor's parent.
(b) If the court finds, by a preponderance of the evidence, that return of the minor to theminor's parent would create a substantial risk of detriment to the minor's physical or emotionalwell-being, the minor may not be returned to the custody of the minor's parent.
(c) Prima facie evidence that return of the minor to a parent or guardian would create asubstantial risk of detriment to the minor is established if the parent or guardian fails to:
(i) participate in a court approved child and family plan;
(ii) comply with a court approved child and family plan in whole or in part; or
(iii) meet the goals of a court approved child and family plan.
(3) In making a determination under Subsection (2)(a), the court shall review andconsider:
(a) the report prepared by the Division of Child and Family Services;
(b) any admissible evidence offered by the minor's guardian ad litem;
(c) any report submitted by the division under Subsection 78A-6-315(3)(a)(i);
(d) any evidence regarding the efforts or progress demonstrated by the parent; and
(e) the extent to which the parent cooperated and utilized the services provided.
(4) With regard to a case where reunification services were ordered by the court, if aminor is not returned to the minor's parent or guardian at the permanency hearing, the court shall,unless the time for the provision of reunification services is extended under Subsection (8):
(a) order termination of reunification services to the parent;
(b) make a final determination regarding whether termination of parental rights,adoption, or permanent custody and guardianship is the most appropriate final plan for the minor,taking into account the minor's primary permanency goal established by the court pursuant toSection 78A-6-312; and
(c) establish a concurrent plan that identifies the second most appropriate final plan forthe minor.
(5) If the Division of Child and Family Services documents to the court that there is acompelling reason that adoption, reunification, guardianship, and a placement described inSubsection 78A-6-306(6)(e) are not in the minor's best interest, the court may order anotherplanned permanent living arrangement, in accordance with federal law.
(6) If the minor clearly desires contact with the parent, the court shall take the minor'sdesire into consideration in determining the final plan.
(7) Except as provided in Subsection (8), the court may not extend reunification servicesbeyond 12 months after the day on which the minor was initially removed from the minor'shome, in accordance with the provisions of Section 78A-6-312.
(8) (a) Subject to Subsection (8)(b), the court may extend reunification services for nomore than 90 days if the court finds, beyond a preponderance of the evidence, that:
(i) there has been substantial compliance with the child and family plan;
(ii) reunification is probable within that 90-day period; and
(iii) the extension is in the best interest of the minor.
(b) (i) Except as provided in Subsection (8)(c), the court may not extend anyreunification services beyond 15 months after the day on which the minor was initially removedfrom the minor's home.
(ii) Delay or failure of a parent to establish paternity or seek custody does not provide abasis for the court to extend services for that parent beyond the 12-month period described inSubsection (7).
(c) In accordance with Subsection (8)(d), the court may extend reunification services forone additional 90-day period, beyond the 90-day period described in Subsection (8)(a), if:
(i) the court finds, by clear and convincing evidence, that:
(A) the parent has substantially complied with the child and family plan;
(B) it is likely that reunification will occur within the additional 90-day period; and
(C) the extension is in the best interest of the child;
(ii) the court specifies the facts upon which the findings described in Subsection (8)(c)(i)are based; and
(iii) the court specifies the time period in which it is likely that reunification will occur.
(d) A court may not extend the time period for reunification services without complyingwith the requirements of this Subsection (8) before the extension.
(e) In determining whether to extend reunification services for a minor, a court shall takeinto consideration the status of the minor siblings of the minor.
(9) The court may, in its discretion:
(a) enter any additional order that it determines to be in the best interest of the minor, solong as that order does not conflict with the requirements and provisions of Subsections (4)through (8); or
(b) order the division to provide protective supervision or other services to a minor andthe minor's family after the division's custody of a minor has been terminated.
(10) If the final plan for the minor is to proceed toward termination of parental rights, thepetition for termination of parental rights shall be filed, and a pretrial held, within 45 calendardays after the permanency hearing.
(11) (a) Any party to an action may, at any time, petition the court for an expeditedpermanency hearing on the basis that continuation of reunification efforts are inconsistent withthe permanency needs of the minor.
(b) If the court so determines, it shall order, in accordance with federal law, that:
(i) the minor be placed in accordance with the permanency plan; and
(ii) whatever steps are necessary to finalize the permanent placement of the minor becompleted as quickly as possible.
(12) Nothing in this section may be construed to:
(a) entitle any parent to reunification services for any specified period of time;
(b) limit a court's ability to terminate reunification services at any time prior to apermanency hearing; or
(c) limit or prohibit the filing of a petition for termination of parental rights by any party,
or a hearing on termination of parental rights, at any time prior to a permanency hearing.
(13) (a) Subject to Subsection (13)(b), if a petition for termination of parental rights isfiled prior to the date scheduled for a permanency hearing, the court may consolidate the hearingon termination of parental rights with the permanency hearing.
(b) For purposes of Subsection (13)(a), if the court consolidates the hearing ontermination of parental rights with the permanency hearing:
(i) the court shall first make a finding regarding whether reasonable efforts have beenmade by the Division of Child and Family Services to finalize the permanency goal for theminor; and
(ii) any reunification services shall be terminated in accordance with the time linesdescribed in Section 78A-6-312.
(c) A decision on a petition for termination of parental rights shall be made within 18months from the day on which the minor is removed from the minor's home.
(14) If a court determines that a child will not be returned to a parent of the child, thecourt shall consider appropriate placement options inside and outside of the state.
Amended by Chapter 322, 2010 General Session