Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 132 (2022GS)

Sponsor

Sen. Harper, W.

Final action

Governor Signed 3/23/2022

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• modifies the definition of "relative" used in provisions regarding child welfare, child custody, and adoption;
• modifies the type of performance standards the Division of Child and Family Services (division) is required to track and report to the Legislature;
• clarifies provisions regarding background checks performed by the division for an emergency placement of a child;
• provides a penalty for engaging in child placing and other related actions without a license;
• modifies provisions relating to consent and notice for an abortion performed on a minor;
• subject to certain requirements, creates a rebuttable presumption that placement of a child with the child's relative during a child welfare proceeding is in the best interest of the child;
• requires the division and juvenile court to consider the rebuttable presumption at certain times throughout a child welfare proceeding;
• requires the juvenile court to:
• determine whether the division considered the rebuttable presumption and preferential consideration for placement of a child with a relative at the child welfare review hearing; and
• provide preferential consideration to a relative's request for placement of a child at the permanency hearing;
• requires a court to consider whether a child's relative was given due weight as a placement for the child during the child welfare proceeding before entering a final order of adoption for the child; and
• makes technical changes.

Every vote on this bill

Bill text

CHILD WELFARE AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Wayne A. Harper
House Sponsor: 
Christine F. Watkins
LONG TITLE
General Description:
This bill modifies provisions relating to child welfare.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ modifies the definition of "relative" used in provisions regarding child welfare,
child custody, and adoption;
▸ modifies the type of performance standards the Division of Child and Family
Services (division) is required to track and report to the Legislature;
▸ clarifies provisions regarding background checks performed by the division for an
emergency placement of a child;
▸ provides a penalty for engaging in child placing and other related actions without a
license;
▸ modifies provisions relating to consent and notice for an abortion performed on a
minor;
▸ subject to certain requirements, creates a rebuttable presumption that placement of a
child with the child's relative during a child welfare proceeding is in the best interest
of the child;
▸ requires the division and juvenile court to consider the rebuttable presumption at
certain times throughout a child welfare proceeding;
▸ requires the juvenile court to:
• determine whether the division considered the rebuttable presumption and
preferential consideration for placement of a child with a relative at the child welfare review
hearing; and
• provide preferential consideration to a relative's request for placement of a child
at the permanency hearing;
▸ requires a court to consider whether a child's relative was given due weight as a
placement for the child during the child welfare proceeding before entering a final
order of adoption for the child; and
▸ makes technical changes. 
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
62A-4a-117
, as last amended by Laws of Utah 2019, Chapter 335
62A-4a-206
, as last amended by Laws of Utah 2021, Chapter 262
62A-4a-209
, as last amended by Laws of Utah 2021, Chapter 262
62A-4a-602
, as last amended by Laws of Utah 2020, Chapter 250
76-7-304.5
, as last amended by Laws of Utah 2018, Chapter 282
80-3-102
, as renumbered and amended by Laws of Utah 2021, Chapter 261 and last
amended by Coordination Clause, Laws of Utah 2021, Chapter 261
80-3-301
, as last amended by Laws of Utah 2021, Chapter 231 and renumbered and
amended by Laws of Utah 2021, Chapter 261
80-3-302
, as renumbered and amended by Laws of Utah 2021, Chapter 261
80-3-303
, as renumbered and amended by Laws of Utah 2021, Chapter 261
80-3-406
, as last amended by Laws of Utah 2021, Chapter 38 and renumbered and
amended by Laws of Utah 2021, Chapter 261
80-3-407
, as renumbered and amended by Laws of Utah 2021, Chapter 261
80-3-409
, as renumbered and amended by Laws of Utah 2021, Chapter 261
80-4-305
, as renumbered and amended by Laws of Utah 2021, Chapter 261
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
62A-4a-117
 is amended to read:
62A-4a-117.
Performance monitoring system -- Annual report.
(1) As used in this section:
(a) "Council" means the Child Welfare Improvement Council established under
Section 
62A-4a-311
.
(b) "Performance indicators" means actual performance in a program, activity, or other
function for which there is a performance standard.
(c) [
(i)
] "Performance standards" means the targeted or expected level of performance
of each area in the child welfare system, including:
[
(A)
] 
(i)
 child protection services;
[
(B)
] 
(ii)
 adoption;
(iii) in-home services;
[
(C)
] 
(iv)
 foster care; [
and
]
[
(D)
] 
(v)
 other substitute care[
.
]
;
[
(ii) "Performance standards" includes the performance goals and measures in effect in
that the division was subject to under federal court oversight, as amended pursuant to
Subsection (2), including:
]
[
(A) the qualitative case review; and
]
[
(B) the case process review.
]
(vi) qualitative case review; and
(vii) case process review.
(2) (a) The division may not amend the performance standards unless the amendment
is:
(i) necessary and proper for the effective administration of the division; or
(ii) necessary to comply with, or implement changes in, the law.
(b) Before amending the performance standards, the division shall provide written
notice of the proposed amendment to the council.
(c) The notice described in Subsection (2)(b) shall include:
(i) the proposed amendment;
(ii) a summary of the reason for the proposed amendment; and
(iii) the proposed effective date of the amendment.
(d) Within 45 days after the day on which the division provides the notice described in
Subsection (2)(b) to the council, the council shall provide to the division written comments on
the proposed amendment.
(e) The division may not implement a proposed amendment to the performance
standards until the earlier of:
(i) seven days after the day on which the division receives the written comments
regarding the proposed change described in Subsection (2)(d); or
(ii) 52 days after the day on which the division provides the notice described in
Subsection (2)(b) to the council.
(f) The division shall:
(i) give full, fair, and good faith consideration to all comments and objections received
from the council;
(ii) notify the council in writing of:
(A) the division's decision regarding the proposed amendment; and
(B) the reasons that support the decision;
(iii) include complete information on all amendments to the performance standards in
the report described in Subsection (4); and
(iv) post the changes on the division's website.
(3) The division shall maintain a performance monitoring system to regularly:
(a) collect information on performance indicators; and
(b) compare performance indicators to performance standards.
(4) Before January 1 each year, the director shall submit a written report to the Child
Welfare Legislative Oversight Panel and the Social Services Appropriations Subcommittee that
includes:
(a) a comparison between the performance indicators for the prior fiscal year and the
performance standards;
(b) for each performance indicator that does not meet the performance standard:
(i) the reason the standard was not met;
(ii) the measures that need to be taken to meet the standard; and
(iii) the division's plan to comply with the standard for the current fiscal year;
(c) data on the extent to which new and experienced division employees have received
training [
pursuant to
] 
under
 statute, administrative rule, and division policy; and
(d) an analysis of the use and efficacy of in-home services, both before and after
removal of a child from the child's home.
Section 2. Section 
62A-4a-206
 is amended to read:
62A-4a-206.
Process for removal of a child from foster family -- Procedural due
process.
(1) (a) The Legislature finds that, except with regard to a child's natural parent or legal
guardian, a foster family has a very limited but recognized interest in its familial relationship
with a foster child who has been in the care and custody of that family. In making
determinations regarding removal of a child from a foster home, the division may not dismiss
the foster family as a mere collection of unrelated individuals.
(b) The Legislature finds that children in the temporary custody and custody of the
division are experiencing multiple changes in foster care placements with little or no
documentation, and that numerous studies of child growth and development emphasize the
importance of stability in foster care living arrangements.
(c) For the reasons described in Subsections (1)(a) and (b), the division shall provide
procedural due process for a foster family prior to removal of a foster child from their home,
regardless of the length of time the child has been in that home, unless removal is for the
purpose of:
(i) returning the child to the child's natural parent or legal guardian;
(ii) immediately placing the child in an approved adoptive home;
(iii) placing the child with a relative, as defined in Section 
80-3-102
, who obtained
custody or asserted an interest in the child within the preference period described in Subsection
[
80-3-302
(8)
] 
80-3-302
(7)
; or
(iv) placing an Indian child in accordance with placement preferences and other
requirements described in the Indian Child Welfare Act, 25 U.S.C. Sec. 1915.
(2) (a) The division shall maintain and utilize due process procedures for removal of a
foster child from a foster home, in accordance with the procedures and requirements of Title
63G, Chapter 4, Administrative Procedures Act.
(b) Those procedures shall include requirements for:
(i) personal communication with, and a written explanation of the reasons for the
removal to, the foster parents prior to removal of the child; and
(ii) an opportunity for foster parents to present their information and concerns to the
division and to:
(A) request a review, to be held before removal of the child, by a third party neutral
fact finder; or
(B) if the child has been placed with the foster parents for a period of at least two years,
request a review, to be held before removal of the child, by:
(I) the juvenile court judge currently assigned to the child's case; or
(II) if the juvenile court judge currently assigned to the child's case is not available,
another juvenile court judge.
(c) If the division determines that there is a reasonable basis to believe that the child is
in danger or that there is a substantial threat of danger to the health or welfare of the child, it
shall place the child in emergency foster care during the pendency of the procedures described
in this subsection, instead of making another foster care placement.
(3) If the division removes a child from a foster home based upon the child's statement
alone, the division shall initiate and expedite the processes described in Subsection (2). The
division may take no formal action with regard to that foster parent's license until after those
processes, in addition to any other procedure or hearing required by law, have been completed.
(4) When a complaint is made to the division by a foster child against a foster parent,
the division shall, within 30 business days, provide the foster parent with information regarding
the specific nature of the complaint, the time and place of the alleged incident, and who was
alleged to have been involved.
(5) Whenever the division places a child in a foster home, it shall provide the foster
parents with:
(a) notification of the requirements of this section;
(b) a written description of the procedures enacted by the division pursuant to
Subsection (2) and how to access those processes; and
(c) written notification of the foster parents' ability to petition the juvenile court
directly for review of a decision to remove a foster child who has been in their custody for 12
months or longer, in accordance with the limitations and requirements of Section 
80-3-502
.
(6) The requirements of this section do not apply to the removal of a child based on a
foster parent's request for that removal.
(7) It is unlawful for a person, with the intent to avoid compliance with the
requirements of this section, to:
(a) take action, or encourage another to take action, against the license of a foster
parent; or
(b) remove a child from a foster home before the child has been placed with the foster
parents for two years.
(8) The division may not remove a foster child from a foster parent who is a relative, as
defined in Section 
80-3-102
, of the child on the basis of the age or health of the foster parent
without determining by:
(a) clear and convincing evidence that the foster parent is incapable of caring for the
foster child, if the alternative foster parent would not be another relative of the child; or
(b) a preponderance of the evidence that the foster parent is incapable of caring for the
foster child, if the alternative foster parent would be another relative of the child.
Section 3. Section 
62A-4a-209
 is amended to read:
62A-4a-209.
Emergency placement.
(1) As used in this section:
(a) "Friend" means the same as that term is defined in Section 
80-3-102
.
(b) "Nonrelative" means an individual, other than a noncustodial parent or a relative.
(c) "Relative" means the same as that term is defined in Section 
80-3-102
.
(2) The division may use an emergency placement under Subsection
62A-4a-202.1
(7)(b) when:
(a) the case worker has made the determination that:
(i) the child's home is unsafe;
(ii) removal is necessary under the provisions of Section 
62A-4a-202.1
; and
(iii) the child's custodial parent or guardian will agree to not remove the child from the
home of the individual that serves as the placement and not have any contact with the child
until after the shelter hearing required by Section 
80-3-301
;
(b) an individual, with preference being given in accordance with Subsection (4), can
be identified who has the ability and is willing to provide care for the child who would
otherwise be placed in shelter care, including:
(i) taking the child to medical, mental health, dental, and educational appointments at
the request of the division; and
(ii) making the child available to division services and the guardian ad litem; and
(c) the individual described in Subsection (2)(b) agrees to care for the child on an
emergency basis under the following conditions:
(i) the individual meets the criteria for an emergency placement under Subsection (3);
(ii) the individual agrees to not allow the custodial parent or guardian to have any
contact with the child until after the shelter hearing unless authorized by the division in
writing;
(iii) the individual agrees to contact law enforcement and the division if the custodial
parent or guardian attempts to make unauthorized contact with the child;
(iv) the individual agrees to allow the division and the child's guardian ad litem to have
access to the child;
(v) the individual has been informed and understands that the division may continue to
search for other possible placements for long-term care, if needed;
(vi) the individual is willing to assist the custodial parent or guardian in reunification
efforts at the request of the division, and to follow all court orders; and
(vii) the child is comfortable with the individual.
(3) Except as otherwise provided in Subsection (5), before the division places a child
in an emergency placement, the division:
(a) may request the name of a reference and may contact the reference to determine the
answer to the following questions:
(i) would the individual identified as a reference place a child in the home of the
emergency placement; and
(ii) are there any other relatives or friends to consider as a possible emergency or
long-term placement for the child;
(b) shall have the custodial parent or guardian sign an emergency placement agreement
form during the investigation;
(c) (i) if the emergency placement will be with a relative, shall comply with the
background check provisions described in Subsection (7); or
(ii) if the emergency placement will be with an individual other than a noncustodial
parent or a relative, shall comply with the background check provisions described in
Subsection (8) for adults living in the household where the child will be placed;
(d) shall complete a limited home inspection of the home where the emergency
placement is made; and
(e) shall have the emergency placement approved by a family service specialist.
(4) (a) The following order of preference shall be applied when determining the
individual with whom a child will be placed in an emergency placement described in this
section, provided that the individual is willing, and has the ability, to care for the child:
(i) a noncustodial parent of the child in accordance with Section 
80-3-302
;
(ii) a relative;
(iii) subject to Subsection (4)(b), a friend designated by the custodial parent, guardian,
or the child, if the child is of sufficient maturity to articulate the child's wishes in relation to a
placement;
(iv) a former foster placement designated by the division;
(v) a foster placement, that is not a former foster placement, designated by the division;
and
(vi) a shelter facility designated by the division.
(b) In determining whether a friend is a willing and appropriate temporary emergency
placement for a child, the division:
(i) subject to Subsections (4)(b)(ii) through (iv), shall consider the child's preferences
or level of comfort with the friend;
(ii) is required to consider no more than one friend designated by each parent or legal
guardian 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;
(iii) 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; and
(iv) 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 division's basis for removing the child under Section 
62A-4a-202.1
 is sexual
abuse of the child.
(5) (a) The division may, pending the outcome of the investigation described in
Subsections (5)(b) and (c), place a child in emergency placement with the child's noncustodial
parent if, based on a limited investigation, prior to making the emergency placement, the
division:
(i) determines that the noncustodial parent has regular, unsupervised visitation with the
child that is not prohibited by law or court order;
(ii) determines that there is not reason to believe that the child's health or safety will be
endangered during the emergency placement; and
(iii) has the custodial parent or guardian sign an emergency placement agreement.
(b) Either before or after making an emergency placement with the noncustodial parent
of the child, the division may conduct the investigation described in Subsection (3)(a) in
relation to the noncustodial parent.
(c) Before, or within one day, excluding weekends and holidays, after a child is placed
in an emergency placement with the noncustodial parent of the child, the division shall conduct
a limited:
(i) background check of the noncustodial parent, [
pursuant to
] 
under
 Subsection (7);
and
(ii) inspection of the home where the emergency placement is made.
(6) After an emergency placement, the division caseworker must:
(a) respond to the emergency placement's calls within one hour if the custodial parents
or guardians attempt to make unauthorized contact with the child or attempt to remove the
child;
(b) complete all removal paperwork, including the notice provided to the custodial
parents and guardians under Section 
80-3-301
;
(c) contact the attorney general to schedule a shelter hearing;
(d) complete the placement procedures required in Section 
80-3-302
; and
(e) continue to search for other relatives as a possible long-term placement, if needed.
(7) (a) The background check described in Subsection (3)(c)(i) shall include
completion of:
(i) a name-based, Utah Bureau of Criminal Identification background check; and
(ii) a search of the Management Information System described in Section
62A-4a-1003
.
(b) The division shall determine whether an individual passes the background check
described in this Subsection (7) [
pursuant to the provisions of Subsection 
62A-2-120
(14)
] 
in
accordance with Section 
62A-2-120
.
(c) Notwithstanding Subsection (7)(b), the division may not place a child with an
individual who is prohibited by court order from having access to that child.
(8) (a) The background check described in Subsection (3)(c)(ii) shall include
completion of:
(i) a name-based, Utah Bureau of Criminal Identification background check;
(ii) a federal name-based criminal background check; and
(iii) a search of the Management Information System described in Section
62A-4a-1003
.
(b) The division shall determine whether an individual passes the background [
checks
]
check
 described in this Subsection (8) [
pursuant to the provisions of
] 
in accordance with
Section 
62A-2-120
.
(c) If the division denies placement of a child as a result of a name-based criminal
background check described in Subsection (8)(a), and the individual contests that denial, the
individual shall submit a complete set of fingerprints with written permission to the Utah
Bureau of Criminal Identification for submission to the Federal Bureau of Investigation for a
fingerprint-based criminal background check.
(d) (i) Within 15 calendar days of the name-based background checks, the division
shall require an individual to provide a complete set of fingerprints with written permission to
the Utah Bureau of Criminal Identification for submission to the Federal Bureau of
Investigation for a fingerprint-based criminal background check.
(ii) If an individual fails to provide the fingerprints and written permission described in
Subsection (8)(d)(i), the child shall immediately be removed from the home.
Section 4. Section 
62A-4a-602
 is amended to read:
62A-4a-602.
Licensure requirements -- Prohibited acts.
(1) As used in this section:
(a) (i) "Advertisement" means any written, oral, or graphic statement or representation
made in connection with a solicitation of business.
(ii) "Advertisement" includes a statement or representation described in Subsection
(1)(a)(i) by a noncable television system, radio, printed brochure, newspaper, leaflet, flyer,
circular, billboard, banner, Internet website, social media, or sign.
(b) "Birth parent" means the same as that term is defined in Section 
78B-6-103
.
[
(b)
] 
(c)
 "Clearly and conspicuously disclose" means the same as that term is defined in
Section 
13-11a-2
.
[
(c)
] 
(d)
 (i) "Matching advertisement" means any written, oral, or graphic statement or
representation made in connection with a solicitation of business to provide the assistance
described in Subsection (3)(a)(i), regardless of whether there is or will be an exchange
described in Subsection (3)(a)(ii).
(ii) "Matching advertisement" includes a statement or representation described in
Subsection [
(1)(c)(i)
] 
(1)(d)(i)
 by a noncable television system, radio, printed brochure,
newspaper, leaflet, flyer, circular, billboard, banner, Internet website, social media, or sign.
(2) (a) A person may not engage in child placing, or solicit money or other assistance
for child placing, without a valid license issued by the Office of Licensing 
within the
department
, in accordance with Chapter 2, Licensure of Programs and Facilities.
(b) When a child-placing agency's license is suspended or revoked in accordance with
[
that chapter
] 
Chapter 2, Licensure of Programs and Facilities
, the care, control, or custody of
any child who has been in the care, control, or custody of that agency shall be transferred to the
division.
(3) (a) (i) An attorney, physician, or other person may assist [
a parent in identifying or
locating a person
]
:
(A) a birth parent to identify or locate a prospective adoptive parent who is
 interested
in adopting the 
birth
 parent's child[
, or in identifying or locating
]
; or
(B) a prospective adoptive parent to identify or locate
 a child to be adopted.
(ii) [
No
] 
A
 payment, charge, fee, reimbursement of expense, or exchange of value of
any kind, or promise or agreement to make the same, may 
not
 be made for the assistance
described in Subsection (3)(a)(i).
(b) An attorney, physician, or other person may not:
(i) issue or cause to be issued to any person a card, sign, or device indicating that the
attorney, physician, or other person is available to provide the assistance described in
Subsection (3)(a)(i);
(ii) cause, permit, or allow any sign or marking indicating that the attorney, physician,
or other person is available to provide the assistance described in Subsection (3)(a)(i), on or in
any building or structure;
(iii) announce, cause, permit, or allow an announcement indicating that the attorney,
physician, or other person is available to provide the assistance described in Subsection
(3)(a)(i), to appear in any newspaper, magazine, directory, on radio or television, or an Internet
website relating to a business;
(iv) announce, cause, permit, or allow a matching advertisement; or
(v) announce, cause, permit, or allow an advertisement that indicates or implies the
attorney, physician, or other person is available to provide the assistance described in
Subsection (3)(a)(i) as part of, or related to, other adoption-related services by using any of the
following terms:
(A) "comprehensive";
(B) "complete";
(C) "one-stop";
(D) "all-inclusive"; or
(E) any other term similar to the terms described in Subsections (3)(b)(v)(A) through
(D).
(c) An attorney, physician, or other person who is not licensed by the Office of
Licensing [
within the department
] shall clearly and conspicuously disclose in any print media
advertisement or written contract regarding adoption services or adoption-related services that
the attorney, physician, or other person is not licensed to provide adoption services by the
Office of Licensing [
within the department
].
[
(4) Nothing in this part:
]
[
(a) precludes
]
(4) A person who intentionally or knowingly violates Subsection (2) or (3) is guilty of
a third degree felony.
(5) This part does not preclude
 payment of fees for medical, legal, or other lawful
services rendered in connection with the care of a mother, delivery and care of a child, or
lawful adoption proceedings[
; or
]
.
[
(b) abrogates the right of procedures for independent adoption as provided by law.
]
[
(5)
] 
(6)
 In accordance with federal law, only [
agents or employees
] 
an agent or
employee
 of the division and of 
a
 licensed child-placing [
agencies
] 
agency
 may certify to the
United States 
Citizenship and
 Immigration [
and Naturalization Service
] 
Services
 that a family
meets the division's preadoption requirements.
[
(6)
] 
(7)
 (a) Neither a licensed child-placing agency nor any attorney practicing in this
state may place a child for adoption, either temporarily or permanently, with [
any individual or
individuals that
] 
an individual who
 would not be qualified for adoptive placement [
pursuant to
the provisions of
] 
under
 Sections 
78B-6-117
, 
78B-6-102
, and 
78B-6-137
.
(b) 
(i)
 The division, as a licensed child-placing agency, may not place a child in foster
care with [
any
] 
an
 individual [
or individuals that
] 
who
 would not be qualified for adoptive
placement [
pursuant to the provisions of
] 
under
 Sections 
78B-6-117
, 
78B-6-102
, and
78B-6-137
. [
However, nothing in this Subsection (6)(b) limits
]
(ii) This Subsection (7)(b) does not limit
 the placement of a child in foster care with
the child's biological or adoptive parent, a relative, or in accordance with the Indian Child
Welfare Act, 25 U.S.C. Sec. 1901 et seq.
(c) 
(i)
 With regard to [
children who are
] 
a child who is
 in the custody of the state, the
division shall establish a rule providing that priority for placement shall be provided to
[
families
] 
a family
 in which a couple is legally married under the laws of this state. [
However,
nothing in this Subsection (6)(c) limits
]
(ii) This Subsection (7)(c) does not limit
 the placement of a child with the child's
biological or adoptive parent, a relative, or in accordance with the Indian Child Welfare Act, 25
U.S.C. Sec. 1901 et seq.
Section 5. Section 
76-7-304.5
 is amended to read:
76-7-304.5.
Consent required for abortions performed on minors -- Division of
Child and Family Services as guardian of a minor -- Hearing to allow a minor to
self-consent -- Appeals.
(1) In addition to the other requirements of this part, a physician may not perform an
abortion on a minor unless:
(a) the physician obtains the informed written consent of a parent or guardian of the
minor, [
consistent
] 
in accordance
 with Sections 
76-7-305
 and 
76-7-305.5
;
(b) the minor is granted the right, by court order under Subsection (4)(b), to consent to
the abortion without obtaining consent from a parent or guardian; or
(c) (i) a medical condition exists that, on the basis of the physician's good faith clinical
judgment, so complicates the medical condition of a pregnant minor as to necessitate the
abortion of her pregnancy to avert:
(A) the minor's death; or
(B) a serious risk of substantial and irreversible impairment of a major bodily function
of the minor; and
(ii) there is not sufficient time to obtain the consent in the manner chosen by the minor
under Subsection (2) before it is necessary to terminate the minor's pregnancy in order to avert
the minor's death or impairment described in Subsection (1)(c)(i).
(2) 
(a)
 A [
pregnant
] minor who wants to have an abortion may choose:
[
(a)
] 
(i)
 to seek consent from [
a
] 
the minor's
 parent or guardian [
under
] 
as described in
Subsection (1)[
(a)
]; or
[
(b)
] 
(ii)
 to seek a court order [
under
] 
as described in
 Subsection (1)[
(b)
].
(b) Neither Subsection (1) nor this Subsection (2) require the minor to seek or obtain
consent from the minor's parent or guardian if the circumstances described in Subsection
76-7-304
(3)(b)(ii) exist.
[
(3) If a pregnant minor fails to obtain the consent of a parent or guardian of the minor
to the performance of an abortion, or if the minor chooses not to seek
]
(3) If a minor does not obtain
 the consent of [
a
] 
the minor's
 parent or guardian, the
minor may file a petition with the juvenile court to obtain a court order [
under
] 
as described in
Subsection (1)[
(b)
].
(4) (a) [
A
] 
The juvenile court shall close the
 hearing on a petition described in
Subsection (3) [
shall be closed
] to the public.
(b) After considering the evidence presented at the hearing, the court shall order that
the minor may obtain an abortion without the consent of a parent or guardian of the minor if
the court finds by a preponderance of the evidence that:
(i) the minor:
(A) has given her informed consent to the abortion; and
(B) is mature and capable of giving informed consent to the abortion; or
(ii) an abortion would be in the minor's best interest.
(5) The Judicial Council shall make rules that:
(a) provide for the administration of the proceedings described in this section;
(b) provide for the appeal of a court's decision under this section;
(c) ensure the confidentiality of the proceedings described in this section and the
records related to the proceedings; and
(d) establish procedures to expedite the hearing and appeal proceedings described in
this section.
Section 6. Section 
80-3-102
 is amended to read:
80-3-102.
Definitions.
As used in this chapter:
(1) "Abuse, neglect, or dependency petition" means a petition filed in accordance with
this chapter to commence proceedings in a juvenile court alleging that a child is:
(a) abused;
(b) neglected; or
(c) dependent.
(2) "Child protection team" means the same as that term is defined in Section
62A-4a-101
.
(3) "Custody" means the same as that term is defined in Section 
62A-4a-101
.
(4) "Division" means the Division of Child and Family Services created in Section
62A-4a-103
.
(5) "Friend" means an adult who:
(a) has an established relationship with the child or a family member of the child; and
(b) is not the natural parent of the child.
(6) "Immediate family member" means a spouse, child, parent, sibling, grandparent, or
grandchild.
(7) "Relative" means an adult who:
(a) 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;
(b) is a first cousin of the child's parent;
(c) is [
an adoptive
] 
a permanent guardian or natural
 parent of the child's sibling; or
(d) in the case of a child who is an Indian child, is an extended family member as
defined in 
the Indian Child Welfare Act,
U.S.C. Sec. 1903.
(8) "Shelter care" means the same as that term is defined in Section 
62A-4a-101
.
(9) "Sibling" means the same as that term is defined in Section 
62A-4a-101
.
(10) "Sibling visitation" means the same as that term is defined in Section 
62A-4a-101
.
(11) "Substitute care" means the same as that term is defined in Section 
62A-4a-101
.
(12) "Temporary custody" means the same as that term is defined in Section
62A-4a-101
.
Section 7. Section 
80-3-301
 is amended to read:
80-3-301.
Shelter hearing -- Court considerations.
(1) A juvenile court shall hold a shelter hearing to determine the temporary custody of
a child 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 protective custody;
(c) emergency placement under Subsection 
62A-4a-202.1
(7);
(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 Section
80-3-203
.
(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 individual 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 an abuse, neglect, or dependency petition is
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 is 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
an indigent individual and cannot afford an attorney, and desires to be represented by an
attorney, one will be provided in accordance with Title 78B, Chapter 22, Indigent Defense Act;
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 the day on which the child is removed from
the child's home, or the day on which a motion for expedited placement in temporary custody
under Section 
80-3-203
 is filed, 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) Notwithstanding Section 
80-3-104
, the following individuals 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 child welfare worker 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 juvenile court shall:
(i) provide an opportunity to provide relevant testimony to:
(A) the child's parent or guardian, if present; and
(B) any other individual with relevant knowledge;
(ii) subject to Section 
80-3-108
, provide an opportunity for the child to testify; and
(iii) in accordance with Subsections [
80-3-302
(8)(c)
] 
80-3-302
(7)(c)
 through (e), grant
preferential consideration to a relative or friend for the temporary placement of the child.
(b) The juvenile 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 the requesting party's counsel; and
(iii) may in the juvenile court's 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 protective custody, the division shall report to the juvenile 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 [
80-3-302
(8)(c)
] 
80-3-302
(7)(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 juvenile court shall consider all relevant evidence provided by an individual or
entity authorized to present relevant evidence under this section.
(8) (a) If necessary to protect the child, preserve the rights of a party, or for other good
cause shown, the juvenile court may grant no more than one continuance, not to exceed five
judicial days.
(b) A juvenile 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 juvenile 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 protective custody, the juvenile court shall order that the child
be returned to the custody of the parent or guardian unless the juvenile court 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) a member of the parent's household or the guardian's household; or
(C) an individual known to the parent or guardian;
(v) the parent or guardian is unwilling to have physical custody of the child;
(vi) the parent or guardian is unable to have physical custody of the child;
(vii) the child is without any provision for the child's support;
(viii) a parent who is incarcerated or institutionalized has not or cannot arrange for safe
and appropriate care for the child;
(ix) (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;
(x) subject to Subsection 
80-1-102
(51)(b) and Sections 
80-3-109
 and 
80-3-304
, the
child is in immediate need of medical care;
(xi) (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;
(xii) (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;
(xiii) 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;
(xiv) (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
(xv) 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 juvenile court finds that the parent
knowingly allowed the child to be in the physical care of an individual after the parent received
actual notice that the individual physically abused, sexually abused, or sexually exploited the
child, that fact is 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 juvenile court shall 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 juvenile court finds that the child can be safely returned to the custody of the
child's parent or guardian through the provision of the services described in Subsection
(10)(a)(i), the juvenile court shall place the child with the child's parent or guardian and order
that the services be provided by the division.
(b) In accordance with federal law, the juvenile court shall consider the child's health,
safety, and welfare as the paramount concern when making the determination described in
Subsection (10)(a), and in ordering and providing the services described in Subsection (10)(a).
(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 juvenile court shall make a
finding that any lack of preplacement preventive efforts, as described in Section 
62A-4a-203
,
was appropriate.
(12) In cases where sexual abuse, sexual exploitation, abandonment, severe abuse, or
severe neglect are involved, the juvenile court and the division do not have 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 juvenile court may not order continued removal of a child solely on the basis
of educational neglect, truancy, or failure to comply with a court order to attend school.
(14) (a) Whenever a juvenile court orders continued removal of a child under this
section, the juvenile court shall state the facts on which the decision is based.
(b) If no continued removal is ordered and the child is returned home, the juvenile
court shall state the facts on which the decision is based.
(15) If the juvenile court finds that continued removal and temporary custody are
necessary for the protection of a child under Subsection (9)(a), the juvenile 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 8. Section 
80-3-302
 is amended to read:
80-3-302.
Shelter hearing -- Placement of a child.
(1) As used in this section:
(a) "Natural parent," notwithstanding Section 
80-1-102
, means:
(i) a biological or adoptive mother of the child;
(ii) an adoptive father of the child; or
(iii) a biological father of the child who:
(A) was married to the child's biological mother at the time the child was conceived or
born; or
(B) has strictly complied with Sections 
78B-6-120
 through 
78B-6-122
, before removal
of the child or voluntary surrender of the child by the custodial parent.
(b) "Natural parent" includes the individuals described in Subsection (1)(a) 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.
(2) (a) At the shelter hearing, [
when
] 
if
 the juvenile court orders that a child be
removed from the custody of the child's parent in accordance with the requirements of Section
80-3-301
, the juvenile 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 juvenile court's jurisdiction occurred, who desires to assume custody of the child.
(b) Subject to Subsection [
(8)
] 
(7)
, if another natural parent requests custody under
Subsection (2)(a), the juvenile court shall place the child with that parent unless the juvenile
court finds that the placement would be unsafe or otherwise detrimental to the child.
(c) The juvenile court:
(i) 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) shall, at a minimum, order the division to visit the parent's home, comply with the
criminal background check provisions described in Section 
80-3-305
, 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) may order the division to conduct any further investigation regarding the safety
and appropriateness of the placement; and
(iv) may place the child in the temporary custody of the division, pending the juvenile
court's determination regarding the placement.
(d) The division shall report the division's findings from an investigation regarding the
child in writing to the juvenile court.
(3) If the juvenile court orders placement with a parent under Subsection (2):
(a) the child and the parent are under the continuing jurisdiction of the juvenile court;
(b) the juvenile court may order:
(i) that the parent take custody subject to the supervision of the juvenile 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 juvenile 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 juvenile 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 with a relative under Subsections [
(7)
] 
(6)
 through [
(10)
]
(9)
; or
(d) the child should be placed in the temporary custody of the division.
[
(5) The time limitations described in Section 
80-3-406
 with regard to reunification
efforts apply to children placed with a previously noncustodial parent under Subsection (2).
]
[
(6)
] 
(5)
 (a) Legal custody of the child is not affected by an order entered under
Subsection (2) or (3).
(b) To affect a previous court order regarding legal custody, the party shall petition the
court for modification of legal custody.
[
(7)
] 
(6)
 Subject to Subsection [
(8)
] 
(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 juvenile court:
(a) shall, at that time, determine whether 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 there
are relatives or friends who are willing and appropriate, in accordance with the requirements of
this chapter 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
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 temporary custody of the division pending
the determination under Subsection [
(7)
] 
(6)
(a).
[
(8)
] 
(7)
 (a) 
(i)
 Subject to Subsections [
(8)(b) through (d),
] 
(7)(b) through (d) and if the
provisions of this section are satisfied, the division and the juvenile court shall give
 preferential
consideration [
shall be given
] to a relative's or a friend's request for placement of the child, if
the placement is in the best interest of the child[
, and the provisions of this section are
satisfied
].
(ii) For purposes of the preferential consideration under Subsection (7)(a)(i), there is a
rebuttable presumption that placement of the child with a relative is in the best interest of the
child.
(b) (i) The preferential consideration that 
the juvenile court or division initially grants
 a
relative or friend [
is initially granted
] under Subsection [
(8)(a)
] 
(7)(a)(i)
 expires 120 days after
the day on which the shelter hearing occurs.
(ii) After the day on which the time period described in Subsection [
(8)(b)(i)
] 
(7)(b)(i)
expires, 
the division or the juvenile court may not grant preferential consideration to
 a relative
or friend, who has not obtained custody or asserted an interest in [
a
] 
the
 child[
, may not be
granted preferential consideration by the division or the juvenile court
].
(c) (i) The preferential consideration that 
the juvenile court initially grants
 a natural
parent [
is initially granted
] under Subsection (2) is limited after 120 days after the day on
which the shelter hearing occurs.
(ii) After the time period described in Subsection [
(8)(c)(i)
] 
(7)(c)(i)
, the juvenile court
shall base the juvenile court's custody decision on the best interest of the child.
[
(iii)
] 
(d)
 Before the day on which the time period described in Subsection [
(8)(c)(i)
]
(7)(c)(i)
 expires, the following order of preference shall be applied when determining the
individual with whom a child will be placed, provided that the individual is willing and able to
care for the child:
[
(A)
] 
(i)
 a noncustodial parent of the child;
[
(B)
] 
(ii)
 a relative of the child;
[
(C)
] 
(iii)
 subject to Subsection [
(8)(d)
] 
(7)(e)
, a friend if the friend is a licensed foster
parent; and
[
(D)
] 
(iv)
 other placements that are consistent with the requirements of law.
[
(d)
] 
(e)
 In determining whether a friend is a willing, able, and appropriate placement
for a child, the juvenile court or the division:
(i) subject to Subsections [
(8)(d)(ii)
] 
(7)(e)(ii)
 through (iv), shall consider the child's
preferences or level of comfort with the friend;
(ii) is required to consider no 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;
(iii) 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; and
(iv) 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 
80-3-301
 is sexual abuse of the
child.
[
(e)
] 
(f)
 (i) 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, the department shall fully cooperate to expedite the
licensing process for the friend.
(ii) If the friend described in Subsection [
(8)(e)(i)
] 
(7)(f)(i)
 becomes licensed as a foster
parent within the time frame described in Subsection [
(8)
] 
(7)
(b), the juvenile court shall
determine whether it is in the best interest of the child to place the child with the friend.
[
(9)
] 
(8)
 (a) If a relative or friend who is willing to cooperate with the child's
permanency goal is identified under Subsection [
(7)
] 
(6)
(a), the juvenile court
:
(i)
 shall make a specific finding regarding:
[
(i)
] 
(A)
 the fitness of that relative or friend as a placement for the child; and
[
(ii)
] 
(B)
 the safety and appropriateness of placement with the relative or friend[
.
]
; and
(ii) may not consider a request for guardianship or adoption of the child by an
individual who is not a relative of the child, or prevent the division from placing the child in
the custody of a relative of the child in accordance with this part, until after the day on which
the juvenile court makes the findings under Subsection (8)(a)(i).
(b) In making the finding described in Subsection [
(9)
] 
(8)
(a), the juvenile 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 
80-3-305
, of each nonrelative, as defined in Section 
62A-4a-209
, 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 
80-3-305
, of each nonrelative, as defined in Section 
62A-4a-209
, 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 
80-3-305
;
(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 juvenile court; and
(vii) provide sufficient information so that the juvenile 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.
(c) The division may determine to conduct, or the juvenile court may order the division
to conduct, any further investigation regarding the safety and appropriateness of the placement
described in Subsection [
(9)
] 
(8)
(a).
(d) The division shall complete and file the division's assessment regarding placement
with a relative or friend under Subsections [
(9)
] 
(8)
(a) and (b) as soon as practicable, in an
effort to facilitate placement of the child with a relative or friend.
[
(10)
] 
(9)
 (a) The juvenile court may place a child described in Subsection (2)(a) in the
temporary custody of the division, pending the division's investigation under Subsection [
(9)
]
(8)
, and the juvenile court's determination regarding the appropriateness of the placement.
(b) The juvenile court shall ultimately base the juvenile court's determination regarding
the appropriateness of a placement with a relative or friend on the best interest of the child.
[
(11) When
] 
(10) If
 a juvenile court places a child described in Subsection [
(7)
] 
(6)
with the child's relative or friend:
(a) the juvenile court 
shall
:
(i) [
shall
] order the relative or friend take custody, subject to the continuing
supervision of the juvenile court; [
and
]
(ii) provide for reasonable parent-time with the parent or parents from whose custody
the child is removed, unless parent-time is not in the best interest of the child; and
(iii) conduct a periodic review no less often than every six months, to determine
whether:
(A) placement with the relative or friend continues to be in the child's best interest;
(B) the child should be returned home; or
(C) the child should be placed in the custody of the division;
(b) the juvenile court may enter an order:
[
(ii) may order
]
(i) requiring
 the division 
to
 provide necessary services to the child and the child's
relative or friend, including the monitoring of the child's safety and well-being; 
or
(ii) that the juvenile court considers necessary for the protection and best interest of the
child; and
[
(b)
] 
(c)
 the child and the relative or friend in whose custody the child is placed are
under the continuing jurisdiction of the juvenile court[
;
]
.
[
(c) the juvenile court may enter any order that the juvenile court considers necessary
for the protection and best interest of the child;
]
[
(d) the juvenile 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 juvenile 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.
]
[
(12)
] 
(11)
 No later than 12 months after the day on which the child [
was
] 
is
 removed
from the home, the juvenile court shall schedule a hearing for the purpose of entering a
permanent order in accordance with the best interest of the child.
[
(13)
] 
(12)
 The time limitations described in Section 
80-3-406
, with regard to
reunification efforts, apply to [
children
] 
a child
 placed with 
a previously noncustodial parent
under Subsection (2) or with
 a relative or friend under Subsection [
(7)
] 
(6)
.
[
(14)
] 
(13)
 (a) If the juvenile court awards temporary 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 
80-3-305
; and
(ii) if the results of the criminal background check described in Subsection [
(14)
]
(13)
(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 the day on which the
child is taken into physical custody under Subsection [
(14)
] 
(13)
(a)(ii)(A), give written notice
to the juvenile court, and all parties to the proceedings, of the division's action.
(b) Subsection [
(14)
] 
(13)
(a) does not prohibit the division from placing a child with a
relative, pending the results of the background check described in Subsection [
(14)
] 
(13)
(a) on
the relative.
[
(15)
] 
(14)
 If the juvenile 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 juvenile court shall order that the child be placed in the temporary
custody of the 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.
[
(16)
] 
(15)
 If, [
following
] 
after
 the shelter hearing, the child is placed with 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 married couple, unless it is in the best interests of
the child to place the child with a single foster parent.
[
(17)
] 
(16)
 In determining the placement of a child, the juvenile court and the division
may not take into account, or discriminate against, the religion of an individual with whom the
child may be placed, unless the purpose of taking religion into account is to place the child
with an individual or family of the same religion as the child.
[
(18)
] 
(17)
 If the juvenile 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
juvenile court shall make findings explaining why the juvenile court's decision differs from the
child's wishes.
[
(19)
] 
(18)
 This section does not guarantee that an identified relative or friend will
receive custody of the child.
Section 9. Section 
80-3-303
 is amended to read:
80-3-303.
Post-shelter hearing placement of a child in division's temporary
custody.
(1) If the juvenile court awards temporary custody of a child to the division under
Section 
80-3-302
, or as otherwise permitted by law, the division shall determine ongoing
placement of the child.
(2) In placing a child under Subsection (1), the division:
(a) except as provided in Subsections (2)(b) and [
(d)
] 
(e)
, shall comply with the
applicable background check provisions described in Section 
80-3-302
;
(b) is not required to receive approval from the juvenile court before making the
placement;
(c) shall consider the preferential consideration and rebuttable presumption described
in Subsection 
80-3-302
(7)(a);
[
(c)
] 
(d)
 shall, within three days, excluding weekends and holidays, after the day on
which the placement is made, give written notice to the juvenile court, and the parties to the
proceedings, that the placement has been made;
[
(d)
] 
(e)
 may place the child 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 [
80-3-302
(14)(a)
] 
80-3-302
(13)(a)
;
and
(ii) evaluation with the noncustodial parent, relative, or friend to determine the
individual's capacity to provide ongoing care to the child; and
[
(e)
] 
(f)
 shall take into consideration the will of the child, if the child is of sufficient
maturity to articulate the child's wishes in relation to the child's placement.
(3) If the division's placement decision differs from a child's express wishes [
if
] 
and
 the
child is of sufficient maturity to state the child's wishes in relation to the child's placement, the
division shall
:
(a)
 make 
written
 findings explaining why the division's decision differs from the child's
wishes [
in a writing provided to
]
; and
(b) provide the written findings to
 the juvenile court and the child's attorney guardian
ad litem.
Section 10. Section 
80-3-406
 is amended to read:
80-3-406.
Permanency plan -- Reunification services.
(1) If the juvenile court orders continued removal at the dispositional hearing under
Section 
80-3-402
, and that the minor remain in the custody of the division, the juvenile court
shall first:
(a) establish a primary permanency plan and a concurrent permanency plan for the
minor in accordance with this section; and
(b) determine whether, in view of the primary permanency plan, reunification services
are appropriate for the minor and the minor's family under Subsections (5) through (8).
(2) (a) The concurrent permanency plan 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
juvenile court shall consider:
(i) the preference for kinship placement over nonkinship placement
, including the
rebuttable presumption described in Subsection 
80-3-302
(7)(a)
;
(ii) the potential for a guardianship placement if parental rights are terminated and no
appropriate adoption placement is available; and
(iii) the use of an individualized permanency plan, only as a last resort.
(3) (a) The juvenile court may amend a minor's primary permanency plan before the
establishment of a final permanency plan under Section 
80-3-409
.
(b) The juvenile 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 juvenile court determines that reunification is no longer a minor's
primary permanency plan, the juvenile court shall conduct a permanency hearing in accordance
with Section 
80-3-409
 on or before the earlier of:
(i) 30 days after the day on which the juvenile court makes the determination described
in this Subsection (3)(c); or
(ii) the day on which the provision of reunification services, described in Section
80-3-409
, ends.
(4) (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 juvenile 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 juvenile court and the division shall consider the minor's health, safety,
and welfare as the paramount concern.
(5) There is a presumption that reunification services should not be provided to a
parent if the juvenile 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 (6)(a), the parent is suffering from a mental illness of such
magnitude that the mental illness 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 child:
(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 minor; or
(B) child abuse homicide;
(iii) committed sexual abuse against the minor;
(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
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 minor; or
(C) is being prosecuted for or has been convicted of intentionally, knowingly, or
recklessly causing the death of another parent of the minor;
(e) the minor suffered severe abuse by the parent or by any individual known by the
parent if the parent knew or reasonably should have known that the individual was abusing the
minor;
(f) the minor is adjudicated as an abused minor as a result of severe abuse by the
parent, and the juvenile 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 minor 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 (6)(b), with respect to a parent who is the minor's
birth mother, the minor has fetal alcohol syndrome, fetal alcohol spectrum disorder, or was
exposed to an illegal or prescription drug that was abused by the minor's mother while the
minor was in utero, if the minor 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 juvenile court determines should preclude
reunification efforts or services.
(6) (a) The juvenile court shall base the finding under Subsection (5)(b) 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 juvenile court
finding is made.
(b) The juvenile court may disregard the provisions of Subsection (5)(k) if the juvenile
court finds, under the circumstances of the case, that the substance use disorder treatment
described in Subsection (5)(k) is not warranted.
(7) In determining whether reunification services are appropriate, the juvenile 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 minor 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.
(8) If, under Subsections (5)(b) through (l), the juvenile court does not order
reunification services, a permanency hearing shall be conducted within 30 days in accordance
with Section 
80-3-409
.
(9) (a) Subject to Subsections (9)(b) and (c), if the juvenile court determines that
reunification services are appropriate for the minor and the minor's family, the juvenile 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.
(b) Parent-time is in the best interests of a minor unless the juvenile court makes a
finding that it is necessary to deny parent-time in order to:
(i) protect the physical safety of the minor;
(ii) protect the life of the minor; or
(iii) 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.
(c) Notwithstanding Subsection (9)(a), a juvenile court may not deny parent-time based
solely on a parent's failure to:
(i) prove that the parent has not used legal or illegal substances; or
(ii) comply with an aspect of the child and family plan that is ordered by the juvenile
court.
(10) (a) If the juvenile court determines that reunification services are appropriate, the
juvenile 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 (10)(a), the juvenile court and the
division shall consider the minor's health, safety, and welfare as the paramount concern.
(11) In cases where sexual abuse, sexual exploitation, abandonment, severe abuse, or
severe neglect are involved:
(a) the juvenile court does not have any duty to order reunification services; and
(b) the division does not have a duty to make reasonable efforts to or in any other way
attempt to provide reunification services or attempt to rehabilitate the offending parent or
parents.
(12) (a) The juvenile 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, the juvenile court may order the parent:
(i) to submit to supplementary drug or alcohol testing, in accordance with Subsection
80-3-110
(6), 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) to provide the results of drug or alcohol testing recommended by the substance use
disorder program to the juvenile court or division.
(13) (a) The time period for reunification services may not exceed 12 months from the
day on which the minor was initially removed from the minor's home, unless the time period is
extended under Subsection 
80-3-409
(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 juvenile 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 under Section
80-3-409
, then measures shall be taken, in a timely manner, to:
(i) place the minor in accordance with the final 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 (10) through (14) does not interrupt the running of the period.
(16) (a) If reunification services are ordered, the juvenile court shall conduct a
permanency hearing in accordance with Section 
80-3-409
 before the day on which the time
period for reunification services expires.
(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 
80-3-409
.
(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 day on which reunification services are ordered:
(a) the juvenile court shall terminate reunification services; and
(b) the division shall petition the juvenile court for termination of parental rights.
(18) When a minor is under the custody of the division and has been separated from a
sibling due to foster care or adoptive placement, a juvenile court may order sibling visitation,
subject to the division obtaining consent from the sibling's legal guardian, according to the
juvenile court's determination of the best interests of the minor for whom the hearing is held.
(19) (a) If reunification services are not ordered under this section, and the
whereabouts of a parent becomes known within six months after the day on which the
out-of-home placement of the minor is made, the juvenile court may order the division to
provide reunification services.
(b) The time limits described in this section are not tolled by the parent's absence.
(20) (a) If a parent is incarcerated or institutionalized, the juvenile court shall order
reasonable services unless the juvenile court determines that those services would be
detrimental to the minor.
(b) In making the determination described in Subsection (20)(a), the juvenile 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 who is 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 this section.
(d) Reunification services for an institutionalized parent are subject to the time
limitations imposed in this section, unless the juvenile court determines that continued
reunification services would be in the minor's best interest.
Section 11. Section 
80-3-407
 is amended to read:
80-3-407.
Six-month review hearing -- Findings regarding reasonable efforts by
division -- Findings regarding child and family plan compliance.
If reunification efforts have been ordered by the juvenile court under Section 
80-3-406
,
the juvenile court shall hold a hearing no more than six months after the day on which the
minor is initially removed from the minor's home, in order for the juvenile court to determine
whether:
(1) the division has provided and is providing reasonable efforts to reunify the family
in accordance with the child and family plan [
established under Section 
62A-4a-205
; and
]
;
(2) the parent has fulfilled or is fulfilling identified duties and responsibilities in order
to comply with the requirements of the child and family plan[
.
]
; and
(3) the division considered the preferential consideration and rebuttable presumption
described in Subsections 
80-3-302
(7)(a) and 
80-3-303
(2)(c).
Section 12. Section 
80-3-409
 is amended to read:
80-3-409.
Permanency hearing -- Final plan -- Petition for termination of
parental rights filed -- Hearing on termination of parental rights.
(1) (a) If reunification services are ordered under Section 
80-3-406
, with regard to a
minor who is in the custody of the division, the juvenile court shall hold a permanency hearing
no later than 12 months after the day on which the minor is initially removed from the minor's
home.
(b) If reunification services are not ordered at the dispositional hearing, the juvenile
court shall hold a permanency hearing within 30 days after the day on which the dispositional
hearing ends.
(2) (a) If reunification services are ordered in accordance with Section 
80-3-406
, the
juvenile 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 juvenile 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 minor's natural parent:
(A) intentionally, knowingly, or recklessly causes the death of another parent of the
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 minor; or
(C) is being prosecuted for or has been convicted of intentionally, knowingly, or
recklessly causing the death of another parent of the minor.
(3) In making a determination under Subsection (2)(a), the juvenile court shall:
(a) review and consider:
(i) the report prepared by the division;
(ii) in accordance with the Utah Rules of Evidence, any admissible evidence offered by
the minor's attorney guardian ad litem;
(iii) any report submitted by the division under Subsection 
80-3-408
(3)(a)(i);
(iv) any evidence regarding the efforts or progress demonstrated by the parent; and
(v) the extent to which the parent cooperated and used the services provided; and
(b) attempt to keep the minor's sibling group together if keeping the sibling group
together is:
(i) practicable; and
(ii) in accordance with the best interest of the minor.
(4) With regard to a case where reunification services are ordered by the juvenile court,
if a minor is not returned to the minor's parent or guardian at the permanency hearing, the
juvenile court shall, unless the time for the provision of reunification services is extended
under Subsection (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 juvenile
court under Section 
80-3-406
; and
(c) in accordance with Subsection 
80-3-406
(2), establish a concurrent permanency plan
that identifies the second most appropriate final plan for the minor, if appropriate.
(5) The juvenile court may order another planned permanent living arrangement other
than reunification for a minor who is 16 years old or older upon entering the following
findings:
(a) the division 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 
80-3-301
(6)(e);
(b) the division 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 juvenile court may not extend
reunification services beyond 12 months after the day on which the minor is initially removed
from the minor's home, in accordance with the provisions of Section 
80-3-406
.
(7) (a) Subject to Subsection (7)(b), the juvenile court may extend reunification
services for no more than 90 days if the juvenile 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 juvenile court may not extend any
reunification services beyond 15 months after the day on which the minor is 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 juvenile court to extend services for the parent beyond the 12-month period
described in Subsection (6).
(c) In accordance with Subsection (7)(d), the juvenile court may extend reunification
services for one additional 90-day period, beyond the 90-day period described in Subsection
(7)(a), if:
(i) the juvenile 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 minor;
(ii) the juvenile court specifies the facts upon which the findings described in
Subsection (7)(c)(i) are based; and
(iii) the juvenile court specifies the time period in which it is likely that reunification
will occur.
(d) A juvenile 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 juvenile court
shall take into consideration the status of the minor siblings of the minor.
(8) The juvenile court may, in the juvenile court's discretion:
(a) enter any additional order that the juvenile court 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 is 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 day on which the permanency hearing is held.
(b) If the division opposes the plan to terminate parental rights, the juvenile court may
not require the division to file a petition for the termination of parental rights, except as
required under Subsection 
80-4-203
(2).
(10) (a) Any party to an action may, at any time, petition the juvenile 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 juvenile court so determines, the juvenile court 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 juvenile court's ability to terminate reunification services at any time 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 before a permanency hearing
provided that relative placement and custody options have been fairly considered in accordance
with Sections 
62A-4a-201
 and 
80-4-104
.
(12) (a) Subject to Subsection (12)(b), if a petition for termination of parental rights is
filed before the date scheduled for a permanency hearing, the juvenile court may consolidate
the hearing on termination of parental rights with the permanency hearing.
(b) For purposes of Subsection (12)(a), if the juvenile court consolidates the hearing on
termination of parental rights with the permanency hearing:
(i) the juvenile court shall first make a finding regarding whether reasonable efforts
have been made by the division 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 
80-3-406
.
(c) The juvenile court shall make a decision on a petition for termination of parental
rights within 18 months after the day on which the minor is initially removed from the minor's
home.
(13) 
(a)
 If a juvenile court determines that a minor will not be returned to a parent of
the minor, the juvenile court shall consider appropriate placement options inside and outside of
the state.
(b) In considering appropriate placement options under Subsection (13)(a), the juvenile
court shall provide preferential consideration to a relative's request for placement of the minor.
(14) (a) In accordance with Section 
80-3-108
, if a minor 14 years old or older desires
an opportunity to address the juvenile court or testify regarding permanency or placement, the
juvenile 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 juvenile 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 juvenile court shall make findings explaining why the juvenile
court's decision differs from the minor's wishes.
Section 13. Section 
80-4-305
 is amended to read:
80-4-305.
Court disposition of child upon termination of parental rights --
Posttermination reunification.
(1) [
As
] 
Except as provided in Subsection (7), as
 used in this section, "relative" means:
(a) an adult who is a grandparent, great-grandparent, aunt, great aunt, uncle, great
uncle, brother-in-law, sister-in-law, stepparent, first cousin, sibling, or stepsibling of a child;
and
(b) in the case of a child who is an Indian child, an extended family member as defined
in 
the Indian Child Welfare Act,
U.S.C. Sec. 1903.
(2) Upon entry of an order under this chapter, the juvenile court may:
(a) place the child in the legal custody and guardianship of a licensed child placement
agency or the division for adoption; or
(b) make any other disposition of the child authorized under Section 
80-3-405 
.
(3) Subject to [
the requirements of
] Subsections (4) and [
(5),
] 
(6), the division shall
place
 all adoptable children placed in the custody of the division [
shall be placed
] for adoption.
(4) If the parental rights of all parents of an adoptable child placed in the custody of the
division [
have been
] 
are
 terminated and a suitable adoptive placement is not already available,
the juvenile court:
(a) shall determine whether there is a relative who desires to adopt the child;
(b) may order the division to conduct a reasonable search to determine whether there
[
are relatives who are
] 
is a relative who is
 willing to adopt the child; and
(c) shall, if a relative desires to adopt the child:
(i) make a specific finding regarding the fitness of the relative to adopt the child; and
(ii) place the child for adoption with [
that
] 
the
 relative unless the juvenile court finds
that adoption by the relative is not in the best interest of the child.
(5) If an individual who is not a relative of the child desires to adopt the child, the
juvenile court shall, before entering an order for adoption of the child, determine whether due
weight was given to the relative's preferential consideration under Subsection
80-3-302
(7)(a)(i).
[
(5)
] 
(6)
 This section does not guarantee that a relative will be permitted to adopt the
child.
[
(6)
] 
(7)
 A parent whose rights [
were
] 
are
 terminated under this chapter, or a relative of
the child, as defined by Section 
80-3-102 
, may petition for guardianship of the child if:
(a) (i) following an adoptive placement, the child's adoptive parent returns the child to
the custody of the division; or
(ii) the child is in the custody of the division for one year following the day on which
the parent's rights were terminated, and no permanent placement has been found or is likely to
be found; and
(b) reunification with the child's parent, or guardianship by the child's relative, is in the
best interest of the child.