Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 65 (2018GS)

Sponsor

Sen. Fillmore, L.

Final action

Governor Signed 3/15/2018

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• amends the definition of "neglect"; and
• makes technical changes.

Every vote on this bill

Bill text

CHILD NEGLECT AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Lincoln Fillmore
House Sponsor: 
Brad M. Daw
LONG TITLE
General Description:
This bill amends the definition of "neglect" and makes related restrictions.
Highlighted Provisions:
This bill:
▸ amends the definition of "neglect"; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
62A-4a-403
, as last amended by Laws of Utah 2008, Chapter 299
62A-4a-409
, as last amended by Laws of Utah 2017, Chapter 459
78A-6-105
, as last amended by Laws of Utah 2017, Chapters 181, 330, and 401
78A-6-302
, as last amended by Laws of Utah 2017, Chapter 330
78A-6-306
, as last amended by Laws of Utah 2017, Chapter 330
78A-6-312
, as last amended by Laws of Utah 2017, Chapters 323 and 330
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
62A-4a-403
 is amended to read:
62A-4a-403.
Reporting requirements.
(1) (a) Except as provided in Subsection (2), when any [
person
] 
individual,
 including
[
persons
] 
an individual
 licensed under [
Title 58, Chapter 67, Utah Medical Practice Act, or
]
Title 58, Chapter 31b, Nurse Practice Act, 
or Title 58, Chapter 67, Utah Medical Practice Act,
has reason to believe that a child has been subjected to abuse or neglect, or [
who
] observes a
child being subjected to conditions or circumstances [
which
] 
that
 would reasonably result in
abuse or neglect, that [
person
] 
individual
 shall immediately [
notify
] 
report the alleged abuse or
neglect to
 the nearest peace officer, law enforcement agency, or office of the division.
(b) Upon receipt of [
the notification
] 
a report
 described in Subsection (1)(a), the peace
officer or law enforcement agency shall immediately notify the nearest office of the division. If
an initial report of abuse or neglect is made to the division, the division shall immediately
notify the appropriate local law enforcement agency.
(c)
 The division shall, in addition to its own investigation, comply with and lend
support to investigations by law enforcement undertaken [
pursuant to
] 
to investigate
 a report
[
made under this section
] 
described in Subsection (1)(a)
.
[
(2) Subject to Subsection (3), the notification requirements of Subsection (1) do not
apply to a clergyman or priest, without the consent of the person making the confession, with
regard to any confession made to the clergyman or priest in the professional character of the
clergyman or priest in the course of discipline enjoined by the church to which the clergyman
or priest belongs, if:
]
[
(a) the confession was made directly to the clergyman or priest by the perpetrator;
and
]
(2) Subject to Subsection (3), the notification requirement described in Subsection
(1)(a) does not apply to a member of the clergy, with regard to any confession made to the
member of the clergy while functioning in the ministerial capacity of the member of the clergy
and without the consent of the individual making the confession, if:
(a) the perpetrator made the confession directly to the member of the clergy; and
(b) the [
clergyman or priest
] 
member of the clergy
 is, under canon law or church
doctrine or practice, bound to maintain the confidentiality of that confession.
(3) (a) When a [
clergyman or priest
] 
member of the clergy
 receives information about
abuse or neglect from any source other than confession of the perpetrator, the [
clergyman or
priest
] 
member of the clergy
 is required to [
give notification on the basis of
] 
report
 that
information even though the [
clergyman or priest
] 
member of the clergy
 may have also
received [
a report of
] 
information about
 abuse or neglect from the confession of the perpetrator.
(b) Exemption of [
notification requirements
] 
the reporting requirement
 for a
[
clergyman or priest
] 
member of the clergy
 does not exempt [
a clergyman or priest
] 
the
member of the clergy
 from any other efforts required by law to prevent further abuse or neglect
by the perpetrator.
Section 2. Section 
62A-4a-409
 is amended to read:
62A-4a-409.
Investigation by division -- Temporary protective custody --
Preremoval interviews of children.
(1) (a) The division shall make a thorough preremoval investigation upon receiving
either an oral or written report of alleged abuse, neglect, fetal alcohol syndrome, or fetal drug
dependency, when there is reasonable cause to suspect that a situation of abuse, neglect, fetal
alcohol syndrome, or fetal drug dependency exists.
(b) The primary purpose of the investigation described in Subsection (1)(a) shall be
protection of the child.
(2) The preremoval investigation described in Subsection (1)(a) shall include the same
investigative requirements described in Section 
62A-4a-202.3
.
(3) The division shall make a written report of its investigation that shall include a
determination regarding whether the alleged abuse or neglect is supported, unsupported, or
without merit.
(4) (a) The division shall use an interdisciplinary approach when appropriate in dealing
with reports made under this part.
(b) The division shall convene a child protection team to assist the division in the
division's protective, diagnostic, assessment, treatment, and coordination services.
(c) The division may include members of a child protection unit in the division's
protective, diagnostic, assessment, treatment, and coordination services.
(d) A representative of the division shall serve as the team's coordinator and chair. 
Members of the team shall serve at the coordinator's invitation. Whenever possible, the team
shall include representatives of:
(i) health, mental health, education, and law enforcement agencies;
(ii) the child;
(iii) parent and family support groups unless the parent is alleged to be the perpetrator;
and
(iv) other appropriate agencies or individuals.
(5) If a report of neglect is based upon or includes an allegation of educational neglect,
the division shall immediately consult with school authorities to verify the child's status in
accordance with Sections 
53A-11-101
 through 
53A-11-103
.
(6) When the division completes its initial investigation under this part, it shall give
notice of that completion to the person who made the initial report.
(7) Division workers or other child protection team members have authority to enter
upon public or private premises, using appropriate legal processes, to investigate reports of
alleged abuse or neglect, upon notice to parents of their rights under the Child Abuse
Prevention and Treatment Act, 42 U.S.C. Sec. 5106, or any successor thereof.
(8) With regard to any interview of a child prior to removal of that child from the
child's home:
(a) except as provided in Subsection (8)(b) or (c), the division shall inform a parent of
the child prior to the interview of:
(i) the specific allegations concerning the child; and
(ii) the time and place of the interview;
(b) if a child's parent or stepparent, or a parent's paramour has been identified as the
alleged perpetrator, the division is not required to comply with Subsection (8)(a);
(c) if the perpetrator is unknown, or if the perpetrator's relationship to the child's family
is unknown, the division may conduct a minimal interview or conversation, not to exceed 15
minutes, with the child prior to complying with Subsection (8)(a);
(d) in all cases described in Subsection (8)(b) or (c), a parent of the child shall be
notified as soon as practicable after the child has been interviewed, but in no case later than 24
hours after the interview has taken place;
(e) a child's parents shall be notified of the time and place of all subsequent interviews
with the child; and
(f) the child shall be allowed to have a support person of the child's choice present,
who:
(i) may include:
(A) a school teacher;
(B) an administrator;
(C) a guidance counselor;
(D) a child care provider;
(E) a family member;
(F) a family advocate; or
(G) 
a member of the
 clergy; and
(ii) may not be [
a person
] 
an individual
 who is alleged to be, or potentially may be, the
perpetrator.
(9) In accordance with the procedures and requirements of Sections 
62A-4a-202.1
through 
62A-4a-202.3
, a division worker or child protection team member may take a child
into protective custody and deliver the child to a law enforcement officer, or place the child in
an emergency shelter facility approved by the juvenile court, at the earliest opportunity
subsequent to the child's removal from the child's original environment. Control and
jurisdiction over the child is determined by the provisions of Title 78A, Chapter 6, Juvenile
Court Act, and as otherwise provided by law.
(10) With regard to cases in which law enforcement has or is conducting an
investigation of alleged abuse or neglect of a child:
(a) the division shall coordinate with law enforcement to ensure that there is an
adequate safety plan to protect the child from further abuse or neglect; and
(b) the division is not required to duplicate an aspect of the investigation that, in the
division's determination, has been satisfactorily completed by law enforcement.
(11) With regard to a mutual case in which a child protection unit was involved in the
investigation of alleged abuse or neglect of a child, the division shall consult with the child
protection unit before closing the case.
Section 3. Section 
78A-6-105
 is amended to read:
78A-6-105.
Definitions.
As used in this chapter:
(1) (a) "Abuse" means:
(i) (A) nonaccidental harm of a child;
(B) threatened harm of a child;
(C) sexual exploitation;
(D) sexual abuse; or
(E) human trafficking of a child in violation of Section 
76-5-308.5
; or
(ii) that a child's natural parent:
(A) intentionally, knowingly, or recklessly causes the death of another parent of the
child;
(B) is identified by a law enforcement agency as the primary suspect in an investigation
for intentionally, knowingly, or recklessly causing the death of another parent of the child; or
(C) is being prosecuted for or has been convicted of intentionally, knowingly, or
recklessly causing the death of another parent of the child.
(b) "Abuse" does not include:
(i) reasonable discipline or management of a child, including withholding privileges;
(ii) conduct described in Section 
76-2-401
; or
(iii) the use of reasonable and necessary physical restraint or force on a child:
(A) in self-defense;
(B) in defense of others;
(C) to protect the child; or
(D) to remove a weapon in the possession of a child for any of the reasons described in
Subsections (1)(b)(iii)(A) through (C).
(2) "Abused child" means a child who has been subjected to abuse.
(3) "Adjudication" means a finding by the court, incorporated in a decree, that the facts
alleged in the petition have been proved. A finding of not competent to proceed pursuant to
Section 
78A-6-1302
 is not an adjudication.
(4) "Adult" means [
a person
] 
an individual
years of age or over, except that [
a
person
] 
an individual
years or over under the continuing jurisdiction of the juvenile court
pursuant to Section 
78A-6-120
 shall be referred to as a minor.
(5) "Board" means the Board of Juvenile Court Judges.
(6) "Child" means [
a person
] 
an individual
 under 18 years of age.
(7) "Child placement agency" means:
(a) a private agency licensed to receive a child for placement or adoption under this
code; or
(b) a private agency that receives a child for placement or adoption in another state,
which agency is licensed or approved where such license or approval is required by law.
(8) "Clandestine laboratory operation" means the same as that term is defined in
Section 
58-37d-3
.
(9) "Commit" means, unless specified otherwise:
(a) with respect to a child, to transfer legal custody; and
(b) with respect to a minor who is at least 18 years of age, to transfer custody.
(10) "Court" means the juvenile court.
(11) "Criminogenic risk factors" means evidence-based factors that are associated with
a minor's likelihood of reoffending.
(12) "Delinquent act" means an act that would constitute a felony or misdemeanor if
committed by an adult.
(13) "Dependent child" includes a child who is homeless or without proper care
through no fault of the child's parent, guardian, or custodian.
(14) "Deprivation of custody" means transfer of legal custody by the court from a
parent or the parents or a previous legal custodian to another person, agency, or institution.
(15) "Detention" means home detention and secure detention as defined in Section
62A-7-101
 for the temporary care of a minor who requires secure custody in a physically
restricting facility:
(a) pending court disposition or transfer to another jurisdiction; or
(b) while under the continuing jurisdiction of the court.
(16) "Detention risk assessment tool" means an evidence-based tool established under
Section 
78A-6-124
, on and after July 1, 2018, that assesses a minor's risk of failing to appear in
court or reoffending pre-adjudication and designed to assist in making detention
determinations.
(17) "Division" means the Division of Child and Family Services.
(18) "Evidence-based" means a program or practice that has had multiple randomized
control studies or a meta-analysis demonstrating that the program or practice is effective for a
specific population or has been rated as effective by a standardized program evaluation tool. 
(19) "Formal probation" means a minor is under field supervision by the probation
department or other agency designated by the court and subject to return to the court in
accordance with Section 
78A-6-123
 on and after July 1, 2018.
(20) "Formal referral" means a written report from a peace officer or other person
informing the court that a minor is or appears to be within the court's jurisdiction and that a
case must be reviewed.
(21) "Group rehabilitation therapy" means psychological and social counseling of one
or more [
persons
] 
individuals
 in the group, depending upon the recommendation of the
therapist.
(22) "Guardianship of the person" includes the authority to consent to:
(a) marriage;
(b) enlistment in the armed forces;
(c) major medical, surgical, or psychiatric treatment; or
(d) legal custody, if legal custody is not vested in another [
person
] 
individual
, agency,
or institution.
(23) "Habitual truant" means the same as that term is defined in Section 
53A-11-101
.
(24) "Harm" means:
(a) physical or developmental injury or damage;
(b) emotional damage that results in a serious impairment in the child's growth,
development, behavior, or psychological functioning;
(c) sexual abuse; or
(d) sexual exploitation.
(25) (a) "Incest" means engaging in sexual intercourse with [
a person
] 
an individual
whom the perpetrator knows to be the perpetrator's ancestor, descendant, brother, sister, uncle,
aunt, nephew, niece, or first cousin.
(b) The relationships described in Subsection (25)(a) include:
(i) blood relationships of the whole or half blood, without regard to legitimacy;
(ii) relationships of parent and child by adoption; and
(iii) relationships of stepparent and stepchild while the marriage creating the
relationship of a stepparent and stepchild exists.
(26) "Intake probation" means a period of court monitoring that does not include field
supervision, but is overseen by a juvenile probation officer, during which a minor is subject to
return to the court in accordance with Section 
78A-6-123
 on and after July 1, 2018.
(27) "Intellectual disability" means:
(a) significantly subaverage intellectual functioning, an IQ of approximately 70 or
below on an individually administered IQ test, for infants, a clinical judgment of significantly
subaverage intellectual functioning;
(b) concurrent deficits or impairments in present adaptive functioning, 
regarding
 the
[
person's
] 
individual's
 effectiveness in meeting the standards expected for the [
person's
]
individual's
 age by the [
person's
] 
individual's
 cultural group, in at least two of the following
areas: communication, self-care, home living, social/interpersonal skills, use of community
resources, self-direction, functional academic skills, work, leisure, health, and safety; and
(c) the onset is before the [
person
] 
individual
 reaches the age of 18 years.
(28) "Legal custody" means a relationship embodying the following rights and duties:
(a) the right to physical custody of the minor;
(b) the right and duty to protect, train, and discipline the minor;
(c) the duty to provide the minor with food, clothing, shelter, education, and ordinary
medical care;
(d) the right to determine where and with whom the minor shall live; and
(e) the right, in an emergency, to authorize surgery or other extraordinary care.
(29) "Material loss" means an uninsured:
(a) property loss;
(b) out-of-pocket monetary loss;
(c) lost wages; or
(d) medical expenses.
(30) "Mental disorder" means a serious emotional and mental disturbance that severely
limits a minor's development and welfare over a significant period of time.
(31) "Minor" means:
(a) a child; or
(b) [
a person
] 
an individual
 who is:
(i) at least 18 years of age and younger than 21 years of age; and
(ii) under the jurisdiction of the juvenile court.
(32) "Mobile crisis outreach team" means a crisis intervention service for minors or
families of minors experiencing behavioral health or psychiatric emergencies.
(33) "Molestation" means that [
a person
] 
an individual
, with the intent to arouse or
gratify the sexual desire of any [
person
] 
individual
:
(a) touches the anus or any part of the genitals of a child;
(b) takes indecent liberties with a child; or
(c) causes a child to take indecent liberties with the perpetrator or another.
(34) "Natural parent" means a minor's biological or adoptive parent, and includes the
minor's noncustodial parent.
(35) (a) "Neglect" means action or inaction causing:
(i) abandonment of a child, except as provided in Title 62A, Chapter 4a, Part 8, Safe
Relinquishment of a Newborn Child;
(ii) lack of proper parental care of a child by reason of the fault or habits of the parent,
guardian, or custodian;
(iii) failure or refusal of a parent, guardian, or custodian to provide proper or necessary
subsistence, education, or medical care, or any other care necessary for the child's health,
safety, morals, or well-being;
(iv) a child to be at risk of being neglected or abused because another child in the same
home is neglected or abused; or
(v) abandonment of a child through an unregulated custody transfer.
(b) The aspect of neglect relating to education, described in Subsection (35)(a)(iii),
means that, after receiving a notice of compulsory education violation under Section
53A-11-101.5
, the parent or guardian fails to make a good faith effort to ensure that the child
receives an appropriate education.
[
(c) A parent or guardian legitimately practicing religious beliefs and who, for that
reason, does not provide specified medical treatment for a child, is not guilty of neglect.
]
[
(d) (i) Notwithstanding Subsection (35)(a), a health care decision made for a child by
the child's parent or guardian does not constitute neglect unless the state or other party to the
proceeding shows, by clear and convincing evidence, that the health care decision is not
reasonable and informed.
]
[
(ii) Nothing in Subsection (35)(d)(i) may prohibit a parent or guardian from exercising
the right to obtain a second health care opinion and from pursuing care and treatment pursuant
to the second health care opinion, as described in Section 
78A-6-301.5
.
]
(c) "Neglect" does not include:
(i) a parent or guardian legitimately practicing religious beliefs and who, for that
reason, does not provide specified medical treatment for a child;
(ii) a health care decision made for a child by the child's parent or guardian, unless the
state or other party to a proceeding shows, by clear and convincing evidence, that the health
care decision is not reasonable and informed;
(iii) a parent or guardian exercising the right described in Section 
78A-6-301.5
; or
(iv) permitting a child, whose basic needs are met and who is of sufficient age and
maturity to avoid harm or unreasonable risk of harm, to engage in independent activities,
including:
(A) traveling to and from school, including by walking, running, or bicycling;
(B) traveling to and from nearby commercial or recreational facilities;
(C) engaging in outdoor play;
(D) remaining in a vehicle unattended, except under the conditions described in
Subsection 
76-10-2202
(2);
(E) remaining at home unattended; or
(F) engaging in a similar independent activity.
(36) "Neglected child" means a child who has been subjected to neglect.
(37) "Nonjudicial adjustment" means closure of the case by the assigned probation
officer without judicial determination upon the consent in writing of:
(a) the assigned probation officer; and
(b) (i) the minor; or
(ii) the minor and the minor's parent, legal guardian, or custodian.
(38) "Not competent to proceed" means that a minor, due to a mental disorder,
intellectual disability, or related condition as defined, lacks the ability to:
(a) understand the nature of the proceedings against them or of the potential disposition
for the offense charged; or
(b) consult with counsel and participate in the proceedings against them with a
reasonable degree of rational understanding.
(39) "Physical abuse" means abuse that results in physical injury or damage to a child.
(40) "Probation" means a legal status created by court order following an adjudication
on the ground of a violation of law or under Section 
78A-6-103
, whereby the minor is
permitted to remain in the minor's home under prescribed conditions.
(41) "Protective supervision" means a legal status created by court order following an
adjudication on the ground of abuse, neglect, or dependency, whereby the minor is permitted to
remain in the minor's home, and supervision and assistance to correct the abuse, neglect, or
dependency is provided by the probation department or other agency designated by the court.
(42) "Related condition" means a condition closely related to intellectual disability in
accordance with 42 C.F.R. Part 435.1010 and further defined in Rule R539-1-3, Utah
Administrative Code.
(43) (a) "Residual parental rights and duties" means those rights and duties remaining
with the parent after legal custody or guardianship, or both, have been vested in another person
or agency, including:
(i) the responsibility for support;
(ii) the right to consent to adoption;
(iii) the right to determine the child's religious affiliation; and
(iv) the right to reasonable parent-time unless restricted by the court.
(b) If no guardian has been appointed, "residual parental rights and duties" also include
the right to consent to:
(i) marriage;
(ii) enlistment; and
(iii) major medical, surgical, or psychiatric treatment.
(44) "Secure facility" means any facility operated by or under contract with the
Division of Juvenile Justice Services, that provides 24-hour supervision and confinement for
youth offenders committed to the division for custody and rehabilitation pursuant to Subsection
78A-6-117
(2)(d).
(45) "Severe abuse" means abuse that causes or threatens to cause serious harm to a
child.
(46) "Severe neglect" means neglect that causes or threatens to cause serious harm to a
child.
(47) "Sexual abuse" means:
(a) an act or attempted act of sexual intercourse, sodomy, incest, or molestation by an
adult directed towards a child;
(b) an act or attempted act of sexual intercourse, sodomy, incest, or molestation
committed by a child towards another child if:
(i) there is an indication of force or coercion;
(ii) the children are related, as described in Subsection (25);
(iii) there have been repeated incidents of sexual contact between the two children,
unless the children are 14 years of age or older; or
(iv) there is a disparity in chronological age of four or more years between the two
children; or
(c) engaging in any conduct with a child that would constitute an offense under any of
the following, regardless of whether the person who engages in the conduct is actually charged
with, or convicted of, the offense:
(i) Title 76, Chapter 5, Part 4, Sexual Offenses, except for Section 
76-5-401
, if the
alleged perpetrator of an offense described in Section 
76-5-401
 is a minor;
(ii) child bigamy, Section 
76-7-101.5
;
(iii) incest, Section 
76-7-102
;
(iv) lewdness, Section 
76-9-702
;
(v) sexual battery, Section 
76-9-702.1
;
(vi) lewdness involving a child, Section 
76-9-702.5
; or
(vii) voyeurism, Section 
76-9-702.7
.
(48) "Sexual exploitation" means knowingly:
(a) employing, using, persuading, inducing, enticing, or coercing any child to:
(i) pose in the nude for the purpose of sexual arousal of any person; or
(ii) engage in any sexual or simulated sexual conduct for the purpose of photographing,
filming, recording, or displaying in any way the sexual or simulated sexual conduct;
(b) displaying, distributing, possessing for the purpose of distribution, or selling
material depicting a child:
(i) in the nude, for the purpose of sexual arousal of any person; or
(ii) engaging in sexual or simulated sexual conduct; or
(c) engaging in any conduct that would constitute an offense under Section 
76-5b-201
,
sexual exploitation of a minor, regardless of whether the person who engages in the conduct is
actually charged with, or convicted of, the offense.
(49) "Shelter" means the temporary care of a child in a physically unrestricted facility
pending court disposition or transfer to another jurisdiction.
(50) "Status offense" means a violation of the law that would not be a violation but for
the age of the offender.
(51) "Substance abuse" means the misuse or excessive use of alcohol or other drugs or
substances.
(52) "Substantiated" means the same as that term is defined in Section 
62A-4a-101
.
(53) "Supported" means the same as that term is defined in Section 
62A-4a-101
.
(54) "Termination of parental rights" means the permanent elimination of all parental
rights and duties, including residual parental rights and duties, by court order.
(55) "Therapist" means:
(a) a person employed by a state division or agency for the purpose of conducting
psychological treatment and counseling of a minor in its custody; or
(b) any other person licensed or approved by the state for the purpose of conducting
psychological treatment and counseling.
(56) "Unregulated custody transfer" means the placement of a child:
(a) with a person who is not the child's parent, step-parent, grandparent, adult sibling,
adult uncle or aunt, or legal guardian, or a friend of the family who is an adult and with whom
the child is familiar, or a member of the child's federally recognized tribe;
(b) with the intent of severing the child's existing parent-child or guardian-child
relationship; and
(c) without taking:
(i) reasonable steps to ensure the safety of the child and permanency of the placement;
and
(ii) the necessary steps to transfer the legal rights and responsibilities of parenthood or
guardianship to the person taking custody of the child.
(57) "Unsubstantiated" means the same as that term is defined in Section 
62A-4a-101
.
(58) "Validated risk and needs assessment" means an evidence-based tool that assesses
a minor's risk of reoffending and a minor's criminogenic needs.
(59) "Without merit" means the same as that term is defined in Section 
62A-4a-101
.
Section 4. Section 
78A-6-302
 is amended to read:
78A-6-302.
Court-ordered protective custody of a child following petition filing --
Grounds.
(1) After a petition has been filed under Section 
78A-6-304
, if the child who is the
subject of the petition is not in the protective custody of the division, a court may order that the
child be removed from the child's home or otherwise taken into protective custody if the court
finds, by a preponderance of the evidence, that any one or more of the following circumstances
exist:
(a) (i) there is an imminent danger to the physical health or safety of the child; and
(ii) the child's physical health or safety may not be protected without removing the
child from the custody of the child's parent or guardian;
(b) (i) a parent or guardian engages in or threatens the child with unreasonable conduct
that causes the child to suffer harm; and
(ii) there are no less restrictive means available by which the child's emotional health
may be protected without removing the child from the custody of the child's parent or guardian;
(c) the child or another child residing in the same household has been, or is considered
to be at substantial risk of being, physically abused, sexually abused, or sexually exploited, by a
parent or guardian, a member of the parent's or guardian's household, or other person known to
the parent or guardian;
(d) the parent or guardian is unwilling to have physical custody of the child;
(e) the child is abandoned or left without any provision for the child's support;
(f) a parent or guardian who has been incarcerated or institutionalized has not arranged
or cannot arrange for safe and appropriate care for the child;
(g) (i) a relative or other adult custodian with whom the child is left by the parent or
guardian is unwilling or unable to provide care or support for the child;
(ii) the whereabouts of the parent or guardian are unknown; and
(iii) reasonable efforts to locate the parent or guardian are unsuccessful;
(h) subject to Subsections 
78A-6-105
(35)[
(d)
]
(c)(i) through (iii)
 and 
78A-6-117
(2) and
Section 
78A-6-301.5
, the child is in immediate need of medical care;
(i) (i) a parent's or guardian's actions, omissions, or habitual action create an
environment that poses a serious risk to the child's health or safety for which immediate
remedial or preventive action is necessary; or
(ii) a parent's or guardian's action in leaving a child unattended would reasonably pose
a threat to the child's health or safety;
(j) the child or another child residing in the same household has been neglected;
(k) the child's natural parent:
(i) intentionally, knowingly, or recklessly causes the death of another parent of the
child;
(ii) is identified by a law enforcement agency as the primary suspect in an investigation
for intentionally, knowingly, or recklessly causing the death of another parent of the child; or
(iii) is being prosecuted for or has been convicted of intentionally, knowingly, or
recklessly causing the death of another parent of the child;
(l) an infant has been abandoned, as defined in Section 
78A-6-316
;
(m) (i) the parent or guardian, or an adult residing in the same household as the parent
or guardian, is charged or arrested pursuant to Title 58, Chapter 37d, Clandestine Drug Lab
Act; and
(ii) any clandestine laboratory operation was located in the residence or on the property
where the child resided; or
(n) the child's welfare is otherwise endangered.
(2) (a) For purposes of Subsection (1)(a), if a child has previously been adjudicated as
abused, neglected, or dependent, and a subsequent incident of abuse, neglect, or dependency
occurs involving the same substantiated abuser or under similar circumstance as the previous
abuse, that fact constitutes prima facie evidence that the child cannot safely remain in the
custody of the child's parent.
(b) For purposes of Subsection (1)(c):
(i) another child residing in the same household may not be removed from the home
unless that child is considered to be at substantial risk of being physically abused, sexually
abused, or sexually exploited as described in Subsection (1)(c) or Subsection (2)(b)(ii); and
(ii) if a parent or guardian has received actual notice that physical abuse, sexual abuse,
or sexual exploitation by a person known to the parent has occurred, and there is evidence that
the parent or guardian failed to protect the child, after having received the notice, by allowing
the child to be in the physical presence of the alleged abuser, that fact constitutes prima facie
evidence that the child is at substantial risk of being physically abused, sexually abused, or
sexually exploited.
(3) (a) For purposes of Subsection (1), if the division files a petition under Section
78A-6-304
, the court shall consider the division's safety and risk assessments described in
Section 
62A-4a-203.1
 to determine whether a child should be removed from the custody of the
child's parent or guardian or should otherwise be taken into protective custody.
(b) The division shall make a diligent effort to provide the safety and risk assessments
described in Section 
62A-4a-203.1
 to the court, guardian ad litem, and counsel for the parent or
guardian, as soon as practicable before the shelter hearing described in Section 
78A-6-306
.
(4) In the absence of one of the factors described in Subsection (1), a court may not
remove a child from the parent's or guardian's custody on the basis of:
(a) educational neglect, truancy, or failure to comply with a court order to attend
school;
(b) mental illness or poverty of the parent or guardian; or
(c) disability of the parent or guardian, as defined in Section 
57-21-2
.
(5) A child removed from the custody of the child's parent or guardian under this
section may not be placed or kept in a secure detention facility pending further court
proceedings unless the child is detainable based on guidelines promulgated by the Division of
Juvenile Justice Services.
(6) This section does not preclude removal of a child from the child's home without a
warrant or court order under Section 
62A-4a-202.1
.
(7) (a) Except as provided in Subsection (7)(b), a court or the Division of Child and
Family Services may not remove a child from the custody of the child's parent or guardian on
the sole or primary basis that the parent or guardian refuses to consent to:
(i) the administration of a psychotropic medication to a child;
(ii) a psychiatric, psychological, or behavioral treatment for a child; or
(iii) a psychiatric or behavioral health evaluation of a child.
(b) Notwithstanding Subsection (7)(a), a court or the Division of Child and Family
Services may remove a child under conditions that would otherwise be prohibited under
Subsection (7)(a) if failure to take an action described under Subsection (7)(a) would present a
serious, imminent risk to the child's physical safety or the physical safety of others.
Section 5. Section 
78A-6-306
 is amended to read:
78A-6-306.
Shelter hearing.
(1) A shelter hearing shall be held within 72 hours excluding weekends and holidays
after any one or all of the following occur:
(a) removal of the child from the child's home by the division;
(b) placement of the child in the protective custody of the division;
(c) emergency placement under Subsection 
62A-4a-202.1
(4);
(d) as an alternative to removal of the child, a parent enters a domestic violence shelter
at the request of the division; or
(e) a "Motion for Expedited Placement in Temporary Custody" is filed under
Subsection 
78A-6-106
(4).
(2) If one of the circumstances described in Subsections (1)(a) through (e) occurs, the
division shall issue a notice that contains all of the following:
(a) the name and address of the person to whom the notice is directed;
(b) the date, time, and place of the shelter hearing;
(c) the name of the child on whose behalf a petition is being brought;
(d) a concise statement regarding:
(i) the reasons for removal or other action of the division under Subsection (1); and
(ii) the allegations and code sections under which the proceeding has been instituted;
(e) a statement that the parent or guardian to whom notice is given, and the child, are
entitled to have an attorney present at the shelter hearing, 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 in accordance with the provisions of Section 
78A-6-1111
; and
(f) 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 the cost for legal
counsel appointed for the parent or guardian under Subsection (2)(e), according to the financial
ability of the parent or guardian.
(3) The notice described in Subsection (2) shall be personally served as soon as
possible, but no later than one business day after removal of the child from the child's home, or
the filing of a "Motion for Expedited Placement in Temporary Custody" under Subsection
78A-6-106
(4), on:
(a) the appropriate guardian ad litem; and
(b) both parents and any guardian of the child, unless the parents or guardians cannot
be located.
(4) The following persons shall be present at the shelter hearing:
(a) the child, unless it would be detrimental for the child;
(b) the child's parents or guardian, unless the parents or guardian cannot be located, or
fail to appear in response to the notice;
(c) counsel for the parents, if one is requested;
(d) the child's guardian ad litem;
(e) the caseworker from the division who is assigned to the case; and
(f) the attorney from the attorney general's office who is representing the division.
(5) (a) At the shelter hearing, the court shall:
(i) provide an opportunity to provide relevant testimony to:
(A) the child's parent or guardian, if present; and
(B) any other person having relevant knowledge; and
(ii) subject to Section 
78A-6-305
, provide an opportunity for the child to testify.
(b) The court:
(i) may consider all relevant evidence, in accordance with the Utah Rules of Juvenile
Procedure;
(ii) shall hear relevant evidence presented by the child, the child's parent or guardian,
the requesting party, or their counsel; and
(iii) may in its discretion limit testimony and evidence to only that which goes to the
issues of removal and the child's need for continued protection.
(6) If the child is in the protective custody of the division, the division shall report to
the court:
(a) the reason why the child was removed from the parent's or guardian's custody;
(b) any services provided to the child and the child's family in an effort to prevent
removal;
(c) the need, if any, for continued shelter;
(d) the available services that could facilitate the return of the child to the custody of
the child's parent or guardian; and
(e) subject to Subsections 
78A-6-307
(18)(c) through (e), whether any relatives of the
child or friends of the child's parents may be able and willing to accept temporary placement of
the child.
(7) The court shall consider all relevant evidence provided by persons or entities
authorized to present relevant evidence pursuant to this section.
(8) (a) If necessary to protect the child, preserve the rights of a party, or for other good
cause shown, the court may grant no more than one continuance, not to exceed five judicial
days.
(b) A court shall honor, as nearly as practicable, the request by a parent or guardian for
a continuance under Subsection (8)(a).
(c) Notwithstanding Subsection (8)(a), if the division fails to provide the notice
described in Subsection (2) within the time described in Subsection (3), the court may grant the
request of a parent or guardian for a continuance, not to exceed five judicial days.
(9) (a) If the child is in the protective custody of the division, the court shall order that
the child be returned to the custody of the parent or guardian unless it finds, by a
preponderance of the evidence, consistent with the protections and requirements provided in
Subsection 
62A-4a-201
(1), that any one of the following exists:
(i) subject to Subsection (9)(b)(i), there is a serious danger to the physical health or
safety of the child and the child's physical health or safety may not be protected without
removing the child from the custody of the child's parent;
(ii) (A) the child is suffering emotional damage that results in a serious impairment in
the child's growth, development, behavior, or psychological functioning;
(B) the parent or guardian is unwilling or unable to make reasonable changes that
would sufficiently prevent future damage; and
(C) there are no reasonable means available by which the child's emotional health may
be protected without removing the child from the custody of the child's parent or guardian;
(iii) there is a substantial risk that the child will suffer abuse or neglect if the child is
not removed from the custody of the child's parent or guardian;
(iv) subject to Subsection (9)(b)(ii), the child or a minor residing in the same
household has been, or is considered to be at substantial risk of being, physically abused,
sexually abused, or sexually exploited by a:
(A) parent or guardian;
(B) member of the parent's household or the guardian's household; or
(C) person known to the parent or guardian;
(v) the parent or guardian is unwilling to have physical custody of the child;
(vi) the child is without any provision for the child's support;
(vii) a parent who is incarcerated or institutionalized has not or cannot arrange for safe
and appropriate care for the child;
(viii) (A) a relative or other adult custodian with whom the child is left by the parent or
guardian is unwilling or unable to provide care or support for the child;
(B) the whereabouts of the parent or guardian are unknown; and
(C) reasonable efforts to locate the parent or guardian are unsuccessful;
(ix) subject to Subsections 
78A-6-105
(35)[
(d)
]
(c)(i) through (iii)
 and 
78A-6-117
(2)
and Section 
78A-6-301.5
, the child is in immediate need of medical care;
(x) (A) the physical environment or the fact that the child is left unattended beyond a
reasonable period of time poses a threat to the child's health or safety; and
(B) the parent or guardian is unwilling or unable to make reasonable changes that
would remove the threat;
(xi) (A) the child or a minor residing in the same household has been neglected; and
(B) the parent or guardian is unwilling or unable to make reasonable changes that
would prevent the neglect;
(xii) the parent, guardian, or an adult residing in the same household as the parent or
guardian, is charged or arrested pursuant to Title 58, Chapter 37d, Clandestine Drug Lab Act,
and any clandestine laboratory operation was located in the residence or on the property where
the child resided;
(xiii) (A) the child's welfare is substantially endangered; and
(B) the parent or guardian is unwilling or unable to make reasonable changes that
would remove the danger; or
(xiv) the child's natural parent:
(A) intentionally, knowingly, or recklessly causes the death of another parent of the
child;
(B) is identified by a law enforcement agency as the primary suspect in an investigation
for intentionally, knowingly, or recklessly causing the death of another parent of the child; or
(C) is being prosecuted for or has been convicted of intentionally, knowingly, or
recklessly causing the death of another parent of the child.
(b) (i) Prima facie evidence of the finding described in Subsection (9)(a)(i) is
established if:
(A) a court previously adjudicated that the child suffered abuse, neglect, or dependency
involving the parent; and
(B) a subsequent incident of abuse, neglect, or dependency involving the parent occurs.
(ii) For purposes of Subsection (9)(a)(iv), if the court finds that the parent knowingly
allowed the child to be in the physical care of a person after the parent received actual notice
that the person physically abused, sexually abused, or sexually exploited the child, that fact
constitutes prima facie evidence that there is a substantial risk that the child will be physically
abused, sexually abused, or sexually exploited.
(10) (a) (i) The court shall also make a determination on the record as to whether
reasonable efforts were made to prevent or eliminate the need for removal of the child from the
child's home and whether there are available services that would prevent the need for continued
removal.
(ii) If the court finds that the child can be safely returned to the custody of the child's
parent or guardian through the provision of those services, the court shall place the child with
the child's parent or guardian and order that those services be provided by the division.
(b) In making the determination described in Subsection (10)(a), and in ordering and
providing services, the child's health, safety, and welfare shall be the paramount concern, in
accordance with federal law.
(11) Where the division's first contact with the family occurred during an emergency
situation in which the child could not safely remain at home, the court shall make a finding that
any lack of preplacement preventive efforts was appropriate.
(12) In cases where actual sexual abuse, sexual exploitation, abandonment, severe
abuse, or severe neglect are involved, neither the division nor the court has any duty to make
"reasonable efforts" or to, in any other way, attempt to maintain a child in the child's home,
return a child to the child's home, provide reunification services, or attempt to rehabilitate the
offending parent or parents.
(13) The court may not order continued removal of a child solely on the basis of
educational neglect as described in Subsection 
78A-6-105
(35)(b), truancy, or failure to comply
with a court order to attend school.
(14) (a) Whenever a court orders continued removal of a child under this section, the
court shall state the facts on which that decision is based.
(b) If no continued removal is ordered and the child is returned home, the court shall
state the facts on which that decision is based.
(15) If the court finds that continued removal and temporary custody are necessary for
the protection of a child pursuant to Subsection (9)(a), the court shall order continued removal
regardless of:
(a) any error in the initial removal of the child;
(b) the failure of a party to comply with notice provisions; or
(c) any other procedural requirement of this chapter or Title 62A, Chapter 4a, Child
and Family Services.
Section 6. Section 
78A-6-312
 is amended to read:
78A-6-312.
Dispositional hearing -- Reunification services -- Exceptions.
(1) The court may:
(a) make any of the dispositions described in Section 
78A-6-117
;
(b) place the minor in the custody or guardianship of any:
(i) individual; or
(ii) public or private entity or agency; or
(c) order:
(i) protective supervision;
(ii) family preservation;
(iii) subject to Subsections (12)(b), 
78A-6-105
(35)[
(d)
]
(c)(i) through (iii)
, and
78A-6-117
(2) and Section 
78A-6-301.5
, medical or mental health treatment;
(iv) sibling visitation; or
(v) other services.
(2) Whenever the court orders continued removal at the dispositional hearing, and that
the minor remain in the custody of the division, the court shall first:
(a) establish a primary permanency plan for the minor; and
(b) determine whether, in view of the primary permanency plan, reunification services
are appropriate for the minor and the minor's family, pursuant to Subsections (21) through (23).
(3) Subject to Subsections (6) and (7), if the court determines that reunification
services are appropriate for the minor and the minor's family, the court shall provide for
reasonable parent-time with the parent or parents from whose custody the minor was removed,
unless parent-time is not in the best interest of the minor.
(4) In cases where obvious sexual abuse, sexual exploitation, abandonment, severe
abuse, or severe neglect are involved, neither the division nor the court has any duty to make
"reasonable efforts" or to, in any other way, attempt to provide reunification services, or to
attempt to rehabilitate the offending parent or parents.
(5) In all cases, the minor's health, safety, and welfare shall be the court's paramount
concern in determining whether reasonable efforts to reunify should be made.
(6) For purposes of Subsection (3), parent-time is in the best interests of a minor unless
the court makes a finding that it is necessary to deny parent-time in order to:
(a) protect the physical safety of the minor;
(b) protect the life of the minor; or
(c) prevent the minor from being traumatized by contact with the parent due to the
minor's fear of the parent in light of the nature of the alleged abuse or neglect.
(7) Notwithstanding Subsection (3), a court may not deny parent-time based solely on a
parent's failure to:
(a) prove that the parent has not used legal or illegal substances; or
(b) comply with an aspect of the child and family plan that is ordered by the court.
(8) (a) In addition to the primary permanency plan, the court shall establish a
concurrent permanency plan that shall include:
(i) a representative list of the conditions under which the primary permanency plan will
be abandoned in favor of the concurrent permanency plan; and
(ii) an explanation of the effect of abandoning or modifying the primary permanency
plan.
(b) In determining the primary permanency plan and concurrent permanency plan, the
court shall consider:
(i) the preference for kinship placement over nonkinship placement;
(ii) the potential for a guardianship placement if the parent-child relationship is legally
terminated and no appropriate adoption placement is available; and
(iii) the use of an individualized permanency plan, only as a last resort.
(9) A permanency hearing shall be conducted in accordance with Subsection
78A-6-314
(1)(b) within 30 days after the day on which the dispositional hearing ends if
something other than reunification is initially established as a minor's primary permanency
plan.
(10) (a) The court may amend a minor's primary permanency plan before the
establishment of a final permanency plan under Section 
78A-6-314
.
(b) The court is not limited to the terms of the concurrent permanency plan in the event
that the primary permanency plan is abandoned.
(c) If, at any time, the court determines that reunification is no longer a minor's primary
permanency plan, the court shall conduct a permanency hearing in accordance with Section
78A-6-314
 on or before the earlier of:
(i) 30 days after the day on which the court makes the determination described in this
Subsection (10)(c); or
(ii) the day on which the provision of reunification services, described in Section
78A-6-314
, ends.
(11) (a) If the court determines that reunification services are appropriate, the court
shall order that the division make reasonable efforts to provide services to the minor and the
minor's parent for the purpose of facilitating reunification of the family, for a specified period
of time.
(b) In providing the services described in Subsection (11)(a), the minor's health, safety,
and welfare shall be the division's paramount concern, and the court shall so order.
(12) (a) The court shall:
(i) determine whether the services offered or provided by the division under the child
and family plan constitute "reasonable efforts" on the part of the division;
(ii) determine and define the responsibilities of the parent under the child and family
plan in accordance with Subsection 
62A-4a-205
(6)(e); and
(iii) identify verbally on the record, or in a written document provided to the parties,
the responsibilities described in Subsection (12)(a)(ii), for the purpose of assisting in any future
determination regarding the provision of reasonable efforts, in accordance with state and
federal law.
(b) If the parent is in a substance use disorder treatment program, other than a certified
drug court program:
(i) the court may order the parent to submit to supplementary drug or alcohol testing in
addition to the testing recommended by the parent's substance use disorder program based on a
finding of reasonable suspicion that the parent is abusing drugs or alcohol; and
(ii) the court may order the parent to provide the results of drug or alcohol testing
recommended by the substance use disorder program to the court or division.
(13) (a) The time period for reunification services may not exceed 12 months from the
date that the minor was initially removed from the minor's home, unless the time period is
extended under Subsection 
78A-6-314
(7).
(b) Nothing in this section may be construed to entitle any parent to an entire 12
months of reunification services.
(14) (a) If reunification services are ordered, the court may terminate those services at
any time.
(b) If, at any time, continuation of reasonable efforts to reunify a minor is determined
to be inconsistent with the final permanency plan for the minor established pursuant to Section
78A-6-314
, then measures shall be taken, in a timely manner, to:
(i) place the minor in accordance with the permanency plan; and
(ii) complete whatever steps are necessary to finalize the permanent placement of the
minor.
(15) Any physical custody of the minor by the parent or a relative during the period
described in Subsections (11) through (14) does not interrupt the running of the period.
(16) (a) If reunification services are ordered, a permanency hearing shall be conducted
by the court in accordance with Section 
78A-6-314
 at the expiration of the time period for
reunification services.
(b) The permanency hearing shall be held no later than 12 months after the original
removal of the minor.
(c) If reunification services are not ordered, a permanency hearing shall be conducted
within 30 days, in accordance with Section 
78A-6-314
.
(17) With regard to a minor in the custody of the division whose parent or parents are
ordered to receive reunification services but who have abandoned that minor for a period of six
months from the date that reunification services were ordered:
(a) the court shall terminate reunification services; and
(b) the division shall petition the court for termination of parental rights.
(18) When a court conducts a permanency hearing for a minor under Section
78A-6-314
, the court shall attempt to keep the minor's sibling group together if keeping the
sibling group together is:
(a) practicable; and
(b) in accordance with the best interest of the minor.
(19) When a child is under the custody of the division and has been separated from a
sibling due to foster care or adoptive placement, a court may order sibling visitation, subject to
the division obtaining consent from the sibling's legal guardian, according to the court's
determination of the best interests of the child for whom the hearing is held.
(20) (a) Because of the state's interest in and responsibility to protect and provide
permanency for minors who are abused, neglected, or dependent, the Legislature finds that a
parent's interest in receiving reunification services is limited.
(b) The court may determine that:
(i) efforts to reunify a minor with the minor's family are not reasonable or appropriate,
based on the individual circumstances; and
(ii) reunification services should not be provided.
(c) In determining "reasonable efforts" to be made with respect to a minor, and in
making "reasonable efforts," the minor's health, safety, and welfare shall be the paramount
concern.
(21) There is a presumption that reunification services should not be provided to a
parent if the court finds, by clear and convincing evidence, that any of the following
circumstances exist:
(a) the whereabouts of the parents are unknown, based upon a verified affidavit
indicating that a reasonably diligent search has failed to locate the parent;
(b) subject to Subsection (22)(a), the parent is suffering from a mental illness of such
magnitude that it renders the parent incapable of utilizing reunification services;
(c) the minor was previously adjudicated as an abused child due to physical abuse,
sexual abuse, or sexual exploitation, and following the adjudication the minor:
(i) was removed from the custody of the minor's parent;
(ii) was subsequently returned to the custody of the parent; and
(iii) is being removed due to additional physical abuse, sexual abuse, or sexual
exploitation;
(d) the parent:
(i) caused the death of another minor through abuse or neglect;
(ii) committed, aided, abetted, attempted, conspired, or solicited to commit:
(A) murder or manslaughter of a child; or
(B) child abuse homicide;
(iii) committed sexual abuse against the child;
(iv) is a registered sex offender or required to register as a sex offender; or
(v) (A) intentionally, knowingly, or recklessly causes the death of another parent of the
child;
(B) is identified by a law enforcement agency as the primary suspect in an investigation
for intentionally, knowingly, or recklessly causing the death of another parent of the child; or
(C) is being prosecuted for or has been convicted of intentionally, knowingly, or
recklessly causing the death of another parent of the child;
(e) the minor suffered severe abuse by the parent or by any person known by the
parent, if the parent knew or reasonably should have known that the person was abusing the
minor;
(f) the minor is adjudicated an abused child as a result of severe abuse by the parent,
and the court finds that it would not benefit the minor to pursue reunification services with the
offending parent;
(g) the parent's rights are terminated with regard to any other minor;
(h) the minor was removed from the minor's home on at least two previous occasions
and reunification services were offered or provided to the family at those times;
(i) the parent has abandoned the minor for a period of six months or longer;
(j) the parent permitted the child to reside, on a permanent or temporary basis, at a
location where the parent knew or should have known that a clandestine laboratory operation
was located;
(k) except as provided in Subsection (22)(b), with respect to a parent who is the child's
birth mother, the child has fetal alcohol syndrome, fetal alcohol spectrum disorder, or was
exposed to an illegal or prescription drug that was abused by the child's mother while the child
was in utero, if the child was taken into division custody for that reason, unless the mother
agrees to enroll in, is currently enrolled in, or has recently and successfully completed a
substance use disorder treatment program approved by the department; or
(l) any other circumstance that the court determines should preclude reunification
efforts or services.
(22) (a) The finding under Subsection (21)(b) shall be based on competent evidence
from at least two medical or mental health professionals, who are not associates, establishing
that, even with the provision of services, the parent is not likely to be capable of adequately
caring for the minor within 12 months after the day on which the court finding is made.
(b) A judge may disregard the provisions of Subsection (21)(k) if the court finds, under
the circumstances of the case, that the substance use disorder treatment described in Subsection
(21)(k) is not warranted.
(23) In determining whether reunification services are appropriate, the court shall take
into consideration:
(a) failure of the parent to respond to previous services or comply with a previous child
and family plan;
(b) the fact that the minor was abused while the parent was under the influence of
drugs or alcohol;
(c) any history of violent behavior directed at the child or an immediate family
member;
(d) whether a parent continues to live with an individual who abused the minor;
(e) any patterns of the parent's behavior that have exposed the minor to repeated abuse;
(f) testimony by a competent professional that the parent's behavior is unlikely to be
successful; and
(g) whether the parent has expressed an interest in reunification with the minor.
(24) (a) If reunification services are not ordered pursuant to Subsections (20) through
(22), and the whereabouts of a parent become known within six months after the day on which
the out-of-home placement of the minor is made, the court may order the division to provide
reunification services.
(b) The time limits described in Subsections (2) through (18) are not tolled by the
parent's absence.
(25) (a) If a parent is incarcerated or institutionalized, the court shall order reasonable
services unless the court determines that those services would be detrimental to the minor.
(b) In making the determination described in Subsection (25)(a), the court shall
consider:
(i) the age of the minor;
(ii) the degree of parent-child bonding;
(iii) the length of the sentence;
(iv) the nature of the treatment;
(v) the nature of the crime or illness;
(vi) the degree of detriment to the minor if services are not offered;
(vii) for a minor 10 years old or older, the minor's attitude toward the implementation
of family reunification services; and
(viii) any other appropriate factors.
(c) Reunification services for an incarcerated parent are subject to the time limitations
imposed in Subsections (2) through (18).
(d) Reunification services for an institutionalized parent are subject to the time
limitations imposed in Subsections (2) through (18), unless the court determines that continued
reunification services would be in the minor's best interest.
(26) If, pursuant to Subsections (21)(b) through (l), the court does not order
reunification services, a permanency hearing shall be conducted within 30 days, in accordance
with Section 
78A-6-314
.