Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 198 Second Substitute (2024GS)

Sponsor

Rep. Birkeland, K.

Final action

Governor Signed 3/14/2024

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• addresses the analysis a juvenile court undertakes when evaluating whether to terminate parental rights; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

CHILD WELFARE PLACEMENT REVIEW AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Kera Birkeland
Senate Sponsor: 
Michael K. McKell
LONG TITLE
General Description:
This bill amends provisions of the Utah Juvenile Code related to the termination of
parental rights.
Highlighted Provisions:
This bill:
▸ addresses the analysis a juvenile court undertakes when evaluating whether to
terminate parental rights; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
80-4-301
, as last amended by Laws of Utah 2022, Chapter 335
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
80-4-301
 is amended to read:
80-4-301.
Grounds for termination of parental rights -- Findings regarding
reasonable efforts by division.
(1) Subject to the protections and requirements of Section 
80-4-104
, [
and if the
juvenile court finds termination of parental rights, from the child's point of view, is strictly
necessary,
] the juvenile court may terminate all parental rights with respect to the parent if
:
(a) based on the totality of the circumstances and from the individual child's point of
view, the juvenile court finds that termination of parental rights is strictly necessary to promote
the child's best interest; and
(b)
 the juvenile court finds any one of the following:
[
(a)
] 
(i)
 that the parent has abandoned the child;
[
(b)
] 
(ii)
 that the parent has neglected or abused the child;
[
(c)
] 
(iii)
 that the parent is unfit or incompetent;
[
(d)
] 
(iv)
 [
(i)
] 
(A)
 that the child is being cared for in an out-of-home placement under
the supervision of the juvenile court or the division;
[
(ii)
] 
(B)
 that the parent has substantially neglected, willfully refused, or has been
unable or unwilling to remedy the circumstances that cause the child to be in an out-of-home
placement; and
[
(iii)
] 
(C)
 that there is a substantial likelihood that the parent will not be capable of
exercising proper and effective parental care in the near future;
[
(e)
] 
(v)
 failure of parental adjustment, as defined in this chapter;
[
(f)
] 
(vi)
 that only token efforts have been made by the parent:
[
(i)
] 
(A)
 to support or communicate with the child;
[
(ii)
] 
(B)
 to prevent neglect of the child;
[
(iii)
] 
(C)
 to eliminate the risk of serious harm to the child; or
[
(iv)
] 
(D)
 to avoid being an unfit parent;
[
(g)
] 
(vii)
 [
(i)
] 
(A)
 that the parent has voluntarily relinquished the parent's parental
rights to the child; and
[
(ii)
] 
(B)
 that termination is in the child's best interest;
[
(h)
] 
(viii)
 that, after a period of trial during which the child was returned to live in the
child's own home, the parent substantially and continuously or repeatedly refused or failed to
give the child proper parental care and protection; or
[
(i)
] 
(ix)
 the terms and conditions of safe relinquishment of a newborn child have been
complied with, in accordance with Part 5, Safe Relinquishment of a Newborn Child.
(2) If the juvenile court finds that one of the circumstances in Subsection (1)(b) exists,
then for purposes of Subsection (1)(a):
(a) pursuant to Subsection 
80-4-104
(12)(a), the juvenile court shall consider the
welfare and best interest of the child of paramount importance based on a totality of the
circumstances;
(b) the existence of a placement option that does not require the termination of parental
rights does not preclude a finding, based on the totality of the circumstances, that termination
of parental rights is strictly necessary to promote the child's best interest; and
(c) as applicable, the juvenile court shall include the considerations described in
Sections 
80-4-303
 and 
80-4-304
 when determining the best interest of the child.
[
(2)
] 
(3)
 The juvenile court may not terminate the parental rights of a parent because
the parent has failed to complete the requirements of a child and family plan.
[
(3)
] 
(4)
 (a) Except as provided in Subsection [
(3)(b)
] 
(4)(b)
, in any case in which the
juvenile court has directed the division to provide reunification services to a parent, the
juvenile court must find that the division made reasonable efforts to provide those services
before the juvenile court may terminate the parent's rights under Subsection [
(1)(b), (c), (d), (e),
(f), or (h)
] 
(1)(b)(ii), (iii), (iv), (v), or (viii)
.
(b) Notwithstanding Subsection [
(3)(a)
] 
(4)(a)
, the juvenile court is not required to
make the finding under Subsection [
(3)(a)
] 
(4)(a)
 before terminating a parent's rights:
(i) under Subsection (1)(b)
(ii)
, if the juvenile court finds that the abuse or neglect
occurred subsequent to adjudication; or
(ii) if reasonable efforts to provide the services described in Subsection [
(3)(a)
] 
(4)(a)
are not required under federal law, and federal law is not inconsistent with Utah law.
Section 2. 
Effective date.
This bill takes effect on May 1, 2024.