Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 334 First Substitute (2015GS)

Sponsor

Rep. Christensen, L.

Final action

Governor Signed 3/27/2015

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• permits a child of any age to petition to restore parental rights.

Every vote on this bill

Bill text

CHILD AND FAMILY AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: LaVar Christensen
Senate Sponsor: 
Wayne A. Harper
LONG TITLE
General Description:
This bill amends provisions of the Restoration of Parental Rights Act.
Highlighted Provisions:
This bill:
▸ permits a child of any age to petition to restore parental rights.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
78A-6-1403
, as enacted by Laws of Utah 2013, Chapter 340
78A-6-1404
, as enacted by Laws of Utah 2013, Chapter 340
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
78A-6-1403
 is amended to read:
78A-6-1403.
Petition to restore parental rights -- Duties of the division.
(1) A child, 
who is 12 years of age or older,
 or an authorized representative acting on
behalf of a child 
of any age
, may file a petition to restore parental rights if:
[
(a) the child is 12 years of age or older or as provided in Subsection (2)(b);
]
[
(b)
] 
(a)
months have passed since the court ordered termination of the parent-child
legal relationship; and
[
(c)
] 
(b)
 the child:
(i) has not been adopted and is not in an adoptive placement, or is unlikely to be
adopted before the child is 18 years of age; or
(ii) was previously adopted following a termination of a parent-child legal relationship,
but the adoption failed and the child was returned to the custody of the division.
[
(2) (a) A child younger than 12 years of age may not petition for restoration of
parental rights except as provided in Subsection (2)(b).
]
[
(b) A child 12 years of age or older, or the child's authorized representative, may
petition for restoration of parental rights, and if the child has a sibling who is younger than 12
years of age, the child may include the sibling in the petition.
]
[
(c) The court may grant a petition for restoration of parental rights for a child younger
than 12 years of age as described in Subsection 
78A-6-1404
(2).
]
[
(3)
] 
(2)
 The petition described in Subsection (1) shall be:
(a) filed in the juvenile court that previously terminated the parent-child relationship;
and
(b) served on the division.
[
(4)
] 
(3)
 The division shall notify and inform a child 
who is 12 years of age or older
and
 who qualifies for restoration of parental rights under [
Subsections (1)(a) through (c)
]
Subsection (1)
 that the child is eligible to petition for restoration under this part.
[
(5)
] 
(4)
 Upon the receipt of a petition to restore parental rights, 
filed by a child or an
authorized representative acting on behalf of a child,
 the division shall:
(a) make a diligent effort to locate the former parent whose rights may be restored
under this part; and
(b) if the former parent is found, as described in Subsection [
(5)
] 
(4)
(a), notify the
former parent of:
(i) the legal effects of restoration; and
(ii) the time and date of the hearing on the petition.
[
(6)
] 
(5)
 The court shall set a hearing on the petition at least 30 days, but no more than
60 days, after the day on which the petition is filed with the court.
[
(7)
] 
(6)
 Before the hearing described in Subsection [
(6)
] 
(5)
, the division may submit a
confidential report to the court that includes the following information:
(a) material changes in circumstances since the termination of parental rights;
(b) a summary of the reasons why parental rights were terminated;
(c) the date on which parental rights were terminated;
(d) the willingness of the former parent to resume contact with the child and have
parental rights restored;
(e) the ability of the former parent to be involved in the life of the child and accept
physical custody of, and responsibility for, the child; and
(f) any other information the division reasonably considers appropriate and
determinative.
(7) (a) A former parent who remedies the circumstances that resulted in the termination
of the former parent's parental rights and who is capable of exercising proper and effective
parental care, shall notify the division that if the circumstances described in Subsection (1) are
established, the former parent desires and requests to have the former parent's parental rights
restored.
 (b) The former parent's request to the division shall be fully and fairly considered by
the division for appropriate submittal to the court.
Section 2. Section 
78A-6-1404
 is amended to read:
78A-6-1404.
Hearing on the petition to restore parental rights.
[
(1) At the hearing on the petition described in Section 
78A-6-1403
, if the former
parent consents and if the court finds by clear and convincing evidence that it is in the best
interest of the child, the court may:
]
[
(a) allow contact between the former parent and 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 six months from the day on which the child is
placed; or
]
[
(c) restore the parental rights of the parent.
]
[
(2)
] 
(1)
 The court may restore the parent-child legal relationship [
for a child who is
younger than 12 years of age
] if:
[
(a) the petitioner:
]
[
(i) is a sibling of the child;
]
[
(ii)
] 
(a) the child
 meets the requirements of Subsection 
78A-6-1403
(1); [
and
]
[
(iii) includes the child who is younger than 12 years of age in the petition described in
Section 
78A-6-1403
;
]
[
(b) the child who is younger than 12 years of age meets the requirements of
Subsections 
78A-6-1403
(1)(b) and (c);
]
[
(c)
] 
(b)
 considering the age and maturity of the child, the child consents to the
restoration;
[
(d)
] 
(c)
 the former parent consents to the restoration; and
[
(e)
] 
(d)
 the court finds by clear and convincing evidence that restoration is in the best
interest of the child [
who is younger than 12 years of age
].
[
(3)
] 
(2)
 In determining whether reunification is appropriate and in the best interest of
the child, the court shall consider:
(a) whether the former parent has been sufficiently rehabilitated from the behavior that
resulted in the termination of the parent-child relationship;
(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 described in Section 
78A-6-1403
, if the former parent
consents and if the court finds by clear and convincing evidence that it is in the best interest of
the child, the 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 court orders the child to be placed in the physical custody of the former
parent under Subsection [
(1)
] 
(3)
, the 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.