Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 47 First Substitute (2019GS)

Sponsor

Sen. Fillmore, L.

Final action

Governor Signed 3/21/2019

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• addresses the weight to be given to the desires of a minor;
• clarifies application to minors;
• requires the court and the Division of Child and Family Services to make findings explaining why their opinions differ from a minor's express wishes; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

PLACEMENT OF MINORS AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Lincoln Fillmore
House Sponsor: 
Karianne Lisonbee
LONG TITLE
General Description:
This bill modifies provisions related to placement of a minor.
Highlighted Provisions:
This bill:
▸ addresses the weight to be given to the desires of a minor;
▸ clarifies application to minors;
▸ requires the court and the Division of Child and Family Services to make findings
explaining why their opinions differ from a minor's express wishes; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
78A-6-305
, as renumbered and amended by Laws of Utah 2008, Chapter 3
78A-6-307
, as last amended by Laws of Utah 2018, Chapters 235 and 285
78A-6-307.5
, as last amended by Laws of Utah 2018, Chapter 235
78A-6-314
, as last amended by Laws of Utah 2018, Chapter 359
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
78A-6-305
 is amended to read:
78A-6-305.
Opportunity for a minor to testify or address the court.
(1) For purposes of this section, "postadjudication hearing" means:
(a) a [
disposition
] 
dispositional
 hearing;
(b) a permanency hearing; or
(c) a review hearing, except a drug court review hearing.
(2) A [
child
] 
minor
 shall be present at any postadjudication hearing in a case relating to
the abuse, neglect, or dependency of the [
child
] 
minor
, unless the court determines that:
(a) requiring the [
child
] 
minor
 to be present at the postadjudication hearing would be
detrimental to the [
child,
] 
minor
 or impractical; or
(b) the [
child
] 
minor
 is not sufficiently mature to articulate the [
child's
] 
minor's
 wishes
in relation to the hearing.
(3) A court may, in the court's discretion, order that a [
child
] 
minor
 described in
Subsection (2) be present at a hearing that is not a postadjudication hearing.
(4) (a) Except as provided in Subsection (4)(b), at any hearing in a case relating to the
abuse, neglect, or dependency of a [
child
] 
minor
, when the [
child
] 
minor
 is present at the
hearing, the court shall:
(i) ask the [
child
] 
minor
 whether the [
child
] 
minor
 desires the opportunity to address
the court or testify; and
(ii) if the [
child
] 
minor
 desires an opportunity to address the court or testify, allow the
[
child
] 
minor
 to address the court or testify.
(b) Subsection (4)(a) does not apply if the court determines that:
(i) it would be detrimental to the [
child
] 
minor
 to comply with Subsection (4)(a); or
(ii) the [
child
] 
minor
 is not sufficiently mature to articulate the [
child's
] 
minor's
 wishes
in relation to the hearing.
(c) Subject to applicable court rules, the court may allow the [
child
] 
minor
 to address
the court in camera.
(d) If a minor 14 years of age or older desires an opportunity to address the court or
testify, the court shall give the minor's desires added weight, but may not treat the minor's
desires as the single controlling factor in a postadjudication hearing or other hearing described
in Subsection (3).
(5) Nothing in this section prohibits a [
child
] 
minor
 from being present at a hearing
that the [
child
] 
minor
 is not required to be at by this section or by court order, unless the court
orders otherwise.
Section 2. Section 
78A-6-307
 is amended to read:
78A-6-307.
Shelter hearing -- Placement -- DCFS custody.
(1) As used in this section:
(a) "Friend" means an adult the child knows and is comfortable with but who is not a
natural parent or relative.
(b) (i) "Natural parent," notwithstanding [
the provisions of
] Section 
78A-6-105
, means:
(A) a biological or adoptive mother of the child;
(B) an adoptive father of the child; or
(C) a biological father of the child who:
(I) was married to the child's biological mother at the time the child was conceived or
born; or
(II) has strictly complied with [
the provisions of
] Sections 
78B-6-120
 through
78B-6-122
, [
prior to
] 
before
 removal of the child or voluntary surrender of the child by the
custodial parent.
(ii) The definition of "natural parent" described in Subsection (1)(b)(i) applies
regardless of whether the child has been or will be placed with adoptive parents or whether
adoption has been or will be considered as a long-term goal for the child.
(c) "Relative" means:
(i) an adult who is the child's grandparent, great grandparent, aunt, great aunt, uncle,
great uncle, brother-in-law, sister-in-law, stepparent, first cousin, stepsibling, or sibling;
(ii) a first cousin of the child's parent;
(iii) an adult who is an adoptive parent of the child's sibling; or
(iv) in the case of a child defined as an "Indian" under the Indian Child Welfare Act, 25
U.S.C. Sec. 1903, "relative" also means an "extended family member" as defined by that
statute.
(2) (a) At the shelter hearing, when the court orders that a child be removed from the
custody of the child's parent in accordance with the requirements of Section 
78A-6-306
, the
court shall first determine whether there is another natural parent with whom the child was not
residing at the time the events or conditions that brought the child within the court's jurisdiction
occurred, who desires to assume custody of the child.
(b) If another natural parent requests custody under Subsection (2)(a), the court shall
place the child with that parent unless it finds that the placement would be unsafe or otherwise
detrimental to the child.
(c) [
The provisions of this
] 
This
 Subsection (2) [
are
] 
is
 limited by [
the provisions of
]
Subsection (18)(b).
(d) (i) The court shall make a specific finding regarding the fitness of the parent
described in Subsection (2)(b) to assume custody, and the safety and appropriateness of the
placement.
(ii) The court shall, at a minimum, order the division to visit the parent's home, comply
with the criminal background check provisions described in Section 
78A-6-308
, and check the
division's management information system for any previous reports of abuse or neglect
received by the division regarding the parent at issue.
(iii) The court may order the division to conduct any further investigation regarding the
safety and appropriateness of the placement.
(iv) The division shall report its findings in writing to the court.
(v) The court may place the child in the temporary custody of the division, pending its
determination regarding that placement.
(3) If the court orders placement with a parent under Subsection (2):
(a) the child and the parent are under the continuing jurisdiction of the court;
(b) the court may order:
(i) that the parent assume custody subject to the supervision of the court; and
(ii) that services be provided to the parent from whose custody the child was removed,
the parent who has assumed custody, or both; and
(c) the court shall order reasonable parent-time with the parent from whose custody the
child was removed, unless parent-time is not in the best interest of the child.
(4) The court shall periodically review an order described in Subsection (3) to
determine whether:
(a) placement with the parent continues to be in the child's best interest;
(b) the child should be returned to the original custodial parent;
(c) the child should be placed in the custody of a relative, pursuant to Subsections (7)
through (12); or
(d) the child should be placed in the custody of the division.
(5) The time limitations described in Section 
78A-6-312
 with regard to reunification
efforts apply to children placed with a previously noncustodial parent in accordance with
Subsection (2).
(6) Legal custody of the child is not affected by an order entered under Subsection (2)
or (3). [
In order to
] 
To
 affect a previous court order regarding legal custody, the party [
must
]
shall
 petition that court for modification of the order.
(7) If, at the time of the shelter hearing, a child is removed from the custody of the
child's parent and is not placed in the custody of the child's other parent, the court:
(a) shall, at that time, determine whether, subject to Subsections (18)(c) through (e),
there is a relative or a friend who is able and willing to care for the child, which may include
asking a child, who is of sufficient maturity to articulate the child's wishes in relation to a
placement, if there is a relative or friend with whom the child would prefer to reside;
(b) may order the division to conduct a reasonable search to determine whether, subject
to Subsections (18)(c) through (e), there are relatives or friends who are willing and
appropriate, in accordance with the requirements of this part and Title 62A, Chapter 4a, Part 2,
Child Welfare Services, for placement of the child;
(c) shall order the parents to cooperate with the division, within five working days, to,
subject to Subsections (18)(c) through (e), provide information regarding relatives or friends
who may be able and willing to care for the child; and
(d) may order that the child be placed in the custody of the division pending the
determination under Subsection (7)(a).
(8) This section may not be construed as a guarantee that an identified relative or friend
will receive custody of the child.
(9) Subject to Subsections (18)(c) through (e), preferential consideration shall be given
to a relative's or a friend's request for placement of the child, if it is in the best interest of the
child, and the provisions of this section are satisfied.
(10) (a) If a willing relative or friend is identified under Subsection (7)(a), the court
shall make a specific finding regarding:
(i) the fitness of that relative or friend as a placement for the child; and
(ii) the safety and appropriateness of placement with that relative or friend.
(b) [
In order to
] 
To
 be considered a "willing relative or friend" under this section, the
relative or friend shall be willing to cooperate with the child's permanency goal.
(11) (a) In making the finding described in Subsection (10)(a), the court shall, at a
minimum, order the division to:
(i) if the child may be placed with a relative, conduct a background check that includes:
(A) completion of a nonfingerprint-based, Utah Bureau of Criminal Identification
background check of the relative;
(B) a completed search, relating to the relative, of the Management Information System
described in Section 
62A-4a-1003
; and
(C) a background check that complies with the criminal background check provisions
described in Section 
78A-6-308
, of each nonrelative, as defined in [
Subsection
] 
Section
62A-4a-209
[
(1)(b)
], of the child who resides in the household where the child may be placed;
(ii) if the child will be placed with a noncustodial parent, complete a background check
that includes:
(A) the background check requirements applicable to an emergency placement with a
noncustodial parent that are described in Subsections 
62A-4a-209
(5) and (7);
(B) a completed search, relating to the noncustodial parent of the child, of the
Management Information System described in Section 
62A-4a-1003
; and
(C) a background check that complies with the criminal background check provisions
described in Section 
78A-6-308
, of each nonrelative, as defined in [
Subsection
] 
Section
62A-4a-209
[
(1)(b)
], of the child who resides in the household where the child may be placed;
(iii) if the child may be placed with an individual other than a noncustodial parent or a
relative, conduct a criminal background check of the individual, and each adult that resides in
the household where the child may be placed, that complies with the criminal background
check provisions described in Section 
78A-6-308
;
(iv) visit the relative's or friend's home;
(v) check the division's management information system for any previous reports of
abuse or neglect regarding the relative or friend at issue;
(vi) report the division's findings in writing to the court; and
(vii) provide sufficient information so that the court may determine whether:
(A) the relative or friend has any history of abusive or neglectful behavior toward other
children that may indicate or present a danger to this child;
(B) the child is comfortable with the relative or friend;
(C) the relative or friend recognizes the parent's history of abuse and is committed to
protect the child;
(D) the relative or friend is strong enough to resist inappropriate requests by the parent
for access to the child, in accordance with court orders;
(E) the relative or friend is committed to caring for the child as long as necessary; and
(F) the relative or friend can provide a secure and stable environment for the child.
(b) The division may determine to conduct, or the court may order the division to
conduct, any further investigation regarding the safety and appropriateness of the placement.
(c) The division shall complete and file its assessment regarding placement with a
relative or friend as soon as practicable, in an effort to facilitate placement of the child with a
relative or friend.
(12) (a) The court may place a child described in Subsection (2)(a) in the temporary
custody of the division, pending the division's investigation pursuant to Subsections (10) and
(11), and the court's determination regarding the appropriateness of that placement.
(b) The court shall ultimately base its determination regarding the appropriateness of a
placement with a relative or friend on the best interest of the child.
(13) When a court places a child described in Subsection (7) in the custody of the
child's relative or friend:
(a) the court:
(i) shall order the relative or friend assume custody, subject to the continuing
supervision of the court; and
(ii) may order the division provide necessary services to the child and the child's
relative or friend, including the monitoring of the child's safety and well-being;
(b) the child and the relative or friend in whose custody the child is placed are under
the continuing jurisdiction of the court;
(c) the court may enter any order that it considers necessary for the protection and best
interest of the child;
(d) the court shall provide for reasonable parent-time with the parent or parents from
whose custody the child was removed, unless parent-time is not in the best interest of the child;
and
(e) the court shall conduct a periodic review no less often than every six months, to
determine whether:
(i) placement with the relative or friend continues to be in the child's best interest;
(ii) the child should be returned home; or
(iii) the child should be placed in the custody of the division.
(14) No later than 12 months after placement with a relative or friend, the court shall
schedule a hearing for the purpose of entering a permanent order in accordance with the best
interest of the child.
(15) The time limitations described in Section 
78A-6-312
, with regard to reunification
efforts, apply to children placed with a relative or friend pursuant to Subsection (7).
(16) (a) If the court awards custody of a child to the division, and the division places
the child with a relative, the division shall:
(i) conduct a criminal background check of the relative that complies with the criminal
background check provisions described in Section 
78A-6-308
; and
(ii) if the results of the criminal background check described in Subsection (16)(a)(i)
would prohibit the relative from having direct access to the child under Section 
62A-2-120
, the
division shall:
(A) take the child into physical custody; and
(B) within three days, excluding weekends and holidays, after taking the child into
physical custody under Subsection (16)(a)(ii)(A), give written notice to the court, and all
parties to the proceedings, of the division's action.
(b) Nothing in Subsection (16)(a) prohibits the division from placing a child with a
relative, pending the results of the background check described in Subsection (16)(a) on the
relative.
(17) When the court orders that a child be removed from the custody of the child's
parent and does not award custody and guardianship to another parent, relative, or friend under
this section, the court shall order that the child be placed in the temporary custody of the
[
Division of Child and Family Services
] 
division
, to proceed to adjudication and disposition
and to be provided with care and services in accordance with this chapter and Title 62A,
Chapter 4a, Child and Family Services.
(18) (a) Any preferential consideration that a relative or friend is initially granted
pursuant to Subsection (9) expires 120 days from the date of the shelter hearing. After that time
period has expired, a relative or friend who has not obtained custody or asserted an interest in a
child, may not be granted preferential consideration by the division or the court.
(b) When the time period described in Subsection (18)(a) has expired, the preferential
consideration, which is initially granted to a natural parent in accordance with Subsection (2),
is limited. After that time the court shall base its custody decision on the best interest of the
child.
(c) [
Prior to
] 
Before
 the expiration of the 120-day period described in Subsection
(18)(a), the following order of preference shall be applied when determining the [
person
]
individual
 with whom a child will be placed, provided that the [
person
] 
individual
 is willing,
and has the ability, to care for the child:
(i) a noncustodial parent of the child;
(ii) a relative of the child;
(iii) subject to Subsection (18)(d), a friend, if the friend is a licensed foster parent; and
(iv) other placements that are consistent with the requirements of law.
(d) (i) In determining whether a friend is a willing and appropriate placement for a
child, neither the court, nor the division, is required to consider more than one friend
designated by each parent of the child and one friend designated by the child, if the child is of
sufficient maturity to articulate the child's wishes in relation to a placement.
(ii) The court or the division may limit the number of designated friends to two, one of
whom shall be a friend designated by the child, if the child is of sufficient maturity to articulate
the child's wishes in relation to a placement. 
(iii) The court and the division shall give preference to a friend designated by the child,
if:
(A) the child is of sufficient maturity to articulate the child's wishes; and
(B) the basis for removing the child under Section 
78A-6-306
 is sexual abuse of the
child.
(e) If a parent of the child or the child, if the child is of sufficient maturity to articulate
the child's wishes in relation to a placement, is not able to designate a friend who is a licensed
foster parent for placement of the child, but is able to identify a friend who is willing to become
licensed as a foster parent:
(i) the department shall fully cooperate to expedite the licensing process for the friend;
and
(ii) if the friend becomes licensed as a foster parent within the time frame described in
Subsection (18)(a), the court shall determine whether it is in the best interests of the child to
place the child with the friend.
(19) If, following the shelter hearing, the child is placed with [
a person
] 
an individual
who is not a parent, a relative, a friend, or a former foster parent of the child, priority shall be
given to a foster placement with a man and a woman who are married to each other, unless it is
in the best interests of the child to place the child with a single foster parent.
(20) In determining the placement of a child, neither the court, nor the division, may
take into account, or discriminate against, the religion of [
a person
] 
an individual
 with whom
the child may be placed, unless the purpose of taking religion into account is to place the child
with [
a person
] 
an individual
 or family of the same religion as the child.
(21) If the court's decision differs from a child's express wishes if the child is of
sufficient maturity to articulate the wishes in relation to the child's placement, the court shall
make findings explaining why the court's decision differs from the child's wishes.
Section 3. Section 
78A-6-307.5
 is amended to read:
78A-6-307.5.
Post-shelter hearing placement of a minor who is in division
custody.
(1) If the court awards custody of a [
child
] 
minor
 to the division under Section
78A-6-307
, or as otherwise permitted by law, the division shall determine ongoing placement
of the [
child
] 
minor
.
(2) In placing a [
child
] 
minor
 under Subsection (1), the division:
(a) except as provided in Subsections (2)(b) and (d), shall comply with the applicable
background check provisions described in Section 
78A-6-307
;
(b) is not required to receive approval from the court [
prior to
] 
before
 making the
placement;
(c) shall, within three days, excluding weekends and holidays, after making the
placement, give written notice to the court, and [
all
] 
the
 parties to the proceedings, that the
placement has been made;
(d) may place the [
child
] 
minor
 with a noncustodial parent, relative, or friend, using the
same criteria established for an emergency placement under Section 
62A-4a-209
, pending the
results of:
(i) the background check described in Subsection 
78A-6-307
(16)(a); and
(ii) evaluation with the noncustodial parent, relative, or friend to determine the
individual's capacity to provide ongoing care to the [
child
] 
minor
; and
(e) shall take into consideration the will of the [
child
] 
minor
, if the [
child
] 
minor
 is of
sufficient maturity to articulate the [
child's
] 
minor's
 wishes in relation to the [
child's
] 
minor's
placement.
(3) If the division's placement decision differs from a minor's express wishes if the
minor is of sufficient maturity to state the wishes in relation to the minor's placement, the
division shall make findings explaining why the division's decision differs from the minor's
wishes in a writing provided to the court and the minor's guardian ad litem.
Section 4. Section 
78A-6-314
 is amended to read:
78A-6-314.
Permanency hearing -- Final plan -- Petition for termination of
parental rights filed -- Hearing on termination of parental rights.
(1) (a) When reunification services have been ordered in accordance with Section
78A-6-312
, with regard to a minor who is in the custody of the Division of Child and Family
Services, a permanency hearing shall be held by the court no later than 12 months after the day
on which the minor was initially removed from the minor's home.
(b) If reunification services were not ordered at the dispositional hearing, a permanency
hearing 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 Section
78A-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
the minor's parent would create a substantial risk of detriment to the minor's physical or
emotional well-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 a
substantial risk of detriment to the minor is established if:
(i) the parent or guardian fails to:
(A) participate in a court approved child and family plan;
(B) comply with a court approved child and family plan in whole or in part; or
(C) meet the goals of a court approved child and family plan; or
(ii) the [
child's
] 
minor's
 natural parent:
(A) intentionally, knowingly, or recklessly causes the death of another parent of the
[
child
] 
minor
;
(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
]
minor
; or
(C) is being prosecuted for or has been convicted of intentionally, knowingly, or
recklessly causing the death of another parent of the [
child
] 
minor
.
(3) In making a determination under Subsection (2)(a), the court shall review and
consider:
(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
] 
used
 the services provided.
(4) With regard to a case where reunification services were ordered by the court, if a
minor 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)
] 
(7)
:
(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 plan established by the court
pursuant to Section 
78A-6-312
; and
(c) establish a concurrent permanency plan that identifies the second most appropriate
final plan for the minor, if appropriate.
(5) The court may order another planned permanent living arrangement for a minor 16
years old or older upon entering the following findings:
(a) the Division of Child and Family Services has documented intensive, ongoing, and
unsuccessful efforts to reunify the minor with the minor's parent or parents, or to secure a
placement for the minor with a guardian, an adoptive parent, or an individual described in
Subsection 
78A-6-306
(6)(e);
(b) the Division of Child and Family Services has demonstrated that the division has
made efforts to normalize the life of the minor while in the division's custody, in accordance
with Sections 
62A-4a-210
 through 
62A-4a-212
;
(c) the minor prefers another planned permanent living arrangement; and
(d) there is a compelling reason why reunification or a placement described in
Subsection (5)(a) is not in the minor's best interest.
(6) Except as provided in Subsection (7), the court may not extend reunification
services beyond 12 months after the day on which the minor was initially removed from the
minor's home, in accordance with the provisions of Section 
78A-6-312
.
(7) (a) Subject to Subsection (7)(b), the court may extend reunification services for no
more 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 (7)(c), the court may not extend any
reunification services beyond 15 months after the day on which the minor was initially
removed from the minor's home.
(ii) Delay or failure of a parent to establish paternity or seek custody does not provide a
basis for the court to extend services for that parent beyond the 12-month period described in
Subsection (6).
(c) In accordance with Subsection (7)(d), the court may extend reunification services
for one additional 90-day period, beyond the 90-day period described in Subsection (7)(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
] 
minor
;
(ii) the court specifies the facts upon which the findings described in Subsection
(7)(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
complying with the requirements of this Subsection (7) before the extension.
(e) In determining whether to extend reunification services for a minor, a court shall
take into consideration the status of the minor siblings of the minor.
(8) The court may, in its discretion:
(a) enter any additional order that it determines to be in the best interest of the minor,
so long as that order does not conflict with the requirements and provisions of Subsections (4)
through (7); or
(b) order the division to provide protective supervision or other services to a minor and
the minor's family after the division's custody of a minor has been terminated.
(9) (a) If the final plan for the minor is to proceed toward termination of parental
rights, the petition for termination of parental rights shall be filed, and a pretrial held, within 45
calendar days after the permanency hearing.
(b) If the division opposes the plan to terminate parental rights, the court may not
require the division to file a petition for the termination of parental rights, except as required
under Subsection 
78A-6-316
(2).
(10) (a) Any party to an action may, at any time, petition the court for an expedited
permanency hearing on the basis that continuation of reunification efforts are inconsistent with
the 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 be
completed as quickly as possible.
(11) 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
] 
before
a permanency 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.
(12) (a) Subject to Subsection (12)(b), if a petition for termination of parental rights is
filed prior to the date scheduled for a permanency hearing, the court may consolidate the
hearing on termination of parental rights with the permanency hearing.
(b) For purposes of Subsection (12)(a), if the court consolidates the hearing on
termination of parental rights with the permanency hearing:
(i) the court shall first make a finding regarding whether reasonable efforts have been
made by the Division of Child and Family Services to finalize the permanency plan for the
minor; and
(ii) any reunification services shall be terminated in accordance with the time lines
described in Section 
78A-6-312
.
(c) A decision on a petition for termination of parental rights shall be made within 18
months from the day on which the minor is removed from the minor's home.
(13) If a court determines that a [
child
] 
minor
 will not be returned to a parent of the
[
child
] 
minor
, the court shall consider appropriate placement options inside and outside of the
state.
(14) (a) If a minor 14 years of age or older desires an opportunity to address the court
or testify regarding permanency or placement, the court shall give the minor's wishes added
weight, but may not treat the minor's wishes as the single controlling factor under this section.
(b) If the court's decision under this section differs from a minor's express wishes if the
minor is of sufficient maturity to articulate the wishes in relation to permanency or the minor's
placement, the court shall make findings explaining why the court's decision differs from the
minor's wishes.