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H.B. 312
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DIVISION OF CHILD AND FAMILY
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SERVICES AMENDMENTS
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Wayne A. Harper
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AN ACT RELATING TO THE CHILD WELFARE ACT; AMENDING THE DEFINITION OF
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RELATIVE; EXTENDING THE TIME FOR PREFERENTIAL CONSIDERATION OF A
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RELATIVE AFTER PROTECTIVE PROCEEDINGS HAVE BEGUN; AND ALLOWING FOR
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LICENSURE OR APPROVAL OF RELATIVE FOR FOSTER CARE.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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78-3a-307, as last amended by Chapter 274, Laws of Utah 1998
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ENACTS:
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62A-2-117.5, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
62A-2-117.5
is enacted to read:
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62A-2-117.5. Foster care licensure or approval of child's relative.
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(1) In accordance with h
STATE AND
h federal law, the division shall provide for licensure
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h [
or approval
] h of
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a child's relative for foster or substitute care, when the child is in the temporary custody or custody
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of the Division of Child and Family Services. h
IF IT IS DETERMINED THAT, UNDER FEDERAL LAW,
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ALLOWANCE IS MADE FOR AN APPROVAL PROCESS REQUIRING LESS THAN FULL FOSTER
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PARENT LICENSURE PROCEEDINGS FOR A CHILD'S RELATIVE, THE DIVISION SHALL ESTABLISH
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AN APPROVAL PROCESS TO ACCOMPLISH THAT PURPOSE.
h
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(2) For purposes of this section:
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(a) "Custody" and "temporary custody" mean the same as those terms are defined in
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Section
62A-4a-101
.
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(b) "Relative" means the same as that term is defined in Section
78-3a-307
.
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Section 2.
Section
78-3a-307
is amended to read:
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78-3a-307. Shelter hearing -- Placement with a noncustodial parent or relative --
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DCFS custody.
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(1) (a) At the shelter hearing, when the court orders that a child be removed from the
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custody of his parent in accordance with the requirements of Section
78-3a-306
, the court shall
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first determine whether there is another natural parent as defined in Subsection (1)(b), with whom
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the child was not residing at the time the events or conditions that brought him within the court's
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jurisdiction occurred, who desires to assume custody of the child. If that parent requests custody,
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the court shall place the minor with that parent unless it finds that the placement would be unsafe
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or otherwise detrimental to the child. The provisions of this Subsection (1) are limited by the
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provisions of Subsection (8)(b).
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(b) Notwithstanding the provisions of Section
78-3a-103
, for purposes of this section
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"natural parent" includes only a biological or adoptive mother, an adoptive father, or a biological
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father who was married to the child's biological mother at the time the child was conceived or
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born, or who has strictly complied with the provisions of Section
78-30-4.14
prior to removal of
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the child or voluntary surrender of the child by the custodial parent. This definition applies
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regardless of whether the child has been or will be placed with adoptive parents or whether
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adoption has been or will be considered as a long term goal for the child.
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(c) (i) The court shall make a specific finding regarding the fitness of that parent to assume
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custody, and the safety and appropriateness of the placement.
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(ii) The court shall, at a minimum, order the division to visit the parent's home, perform
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criminal background checks described in Sections
78-3a-307.1
and
62A-4a-202.4
, and check the
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division's management information system for any previous reports of abuse or neglect received
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by the division regarding the parent at issue.
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(iii) The court may order the Division of Child and Family Services to conduct any further
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investigation regarding the safety and appropriateness of the placement.
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(iv) The division shall report its findings in writing to the court.
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(v) The court may place the child in the temporary custody of the division, pending its
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determination regarding that placement.
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(2) If the court orders placement with a parent under Subsection (1), the child and the
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parent are under the continuing jurisdiction of the court. The court may order that the parent
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assume custody subject to the supervision of the court, and order that services be provided to the
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parent from whose custody the child was removed, the parent who has assumed custody, or both.
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The court may also provide for reasonable visitation with the parent from whose custody the child
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was removed, if that is in the best interest of the child. The court's order shall be periodically
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reviewed to determine whether:
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(a) placement with the parent continues to be in the child's best interest;
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(b) the child should be returned to the original custodial parent;
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(c) the child should be placed with a relative, pursuant to Subsection (5); or
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(d) the child should be placed in the custody of the division.
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(3) The time limitations described in Section
78-3a-311
with regard to reunification
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efforts, apply to children placed with a previously noncustodial parent in accordance with
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Subsection (1).
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(4) Legal custody of the child is not affected by an order entered under Subsection (1) or
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(2). In order to affect a previous court order regarding legal custody, the party must petition that
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court for modification of the order.
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(5) (a) If, at the time of the shelter hearing, a child is removed from the custody of his
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parent and is not placed in the custody of his other parent, the court shall, at that time, determine
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whether there is a relative who is able and willing to care for the child
.
h
[h
THE COURT SHALL
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ORDER THE PARENTS TO DISCLOSE THE NAMES AND ADDRESSES OF THE RELATIVES TO THE
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DIVISION WITHIN FIVE WORKING DAYS.
h
] h The court may order the
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Division of Child and Family Services to conduct a reasonable search to determine whether there
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are relatives of the child who are willing and appropriate, in accordance with the requirements of
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this part and Title 62A, Chapter 4a, Part 2, Child Welfare Services, for placement of the child.
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h
THE COURT SHALL ORDER THE PARENTS TO COOPERATE WITH THE DIVISION, WITHIN FIVE
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WORKING DAYS, TO PROVIDE INFORMATION REGARDING RELATIVES WHO MAY BE ABLE AND
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WILLING TO CARE FOR THE CHILD.
h The
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child may be placed in the temporary custody of the division pending that determination. This
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section may not be construed as a guarantee that an identified relative will receive custody of the
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child. However, preferential consideration may be given to a relative's request for placement of
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the child, if it is in the best interest of the child, and the provisions of this section are satisfied.
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(b) (i) If a willing relative is identified pursuant to Subsection (5)(a), the court shall make
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a specific finding regarding the fitness of that relative to assume custody, and the safety and
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appropriateness of placement with that relative. In order to be considered a "willing relative"
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under this section, the relative shall be willing to cooperate if the child's permanency goal is
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reunification with his parent or parents, and be willing to adopt or take permanent custody of the
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child if that is determined to be in the best interest of the child.
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(ii) The court shall, at a minimum, order the division to conduct criminal background
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checks described in Sections
78-3a-307.1
and
62A-4a-202.4
, visit the relative's home, check the
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division's management information system for any previous reports of abuse or neglect regarding
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the relative at issue, report its findings in writing to the court, and provide sufficient information
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so that the court may determine whether:
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(A) the relative has any history of abusive or neglectful behavior toward other children that
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may indicate or present a danger to this child;
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(B) the child is comfortable with the relative;
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(C) the relative recognizes the parent's history of abuse and is determined to protect the
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child;
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(D) the relative is strong enough to resist inappropriate requests by the parent for access
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to the child, in accordance with court orders;
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(E) the relative is committed to caring for the child as long as necessary; and
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(F) the relative can provide a secure and stable environment for the child.
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(iii) The court may order the Division of Child and Family Services to conduct any further
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investigation regarding the safety and appropriateness of the placement.
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(iv) The division shall complete and file its assessment regarding placement with a relative
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as soon as practicable, in an effort to facilitate placement of the child with a relative.
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(c) The court may place the child in the temporary custody of the division, pending the
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division's investigation pursuant to Subsection (5)(b), and the court's determination regarding that
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placement. The court shall ultimately base its determination regarding placement with a relative
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on the best interest of the child.
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(d) For purposes of this section, "relative" means an adult who is a grandparent, great
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grandparent, aunt, great aunt, uncle, great uncle, brother-in-law, sister-in-law, stepparent, h
FIRST
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COUSIN, STEP-SIBLING,
h or sibling
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of the child. In the case of a child defined as an "Indian" under the Indian Child Welfare Act, 25
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U.S.C. Section 1903, "relative" also means an "extended family member" as defined by that
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statute.
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(6) (a) When the court vests physical custody of a child with a relative pursuant to
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Subsection (5), it shall order that the relative assume custody subject to the continuing supervision
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of the court, and shall order that any necessary services be provided to the minor and the relative.
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That child is not within the temporary custody or custody of the Division of Child and Family
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Services. The child and any relative with whom the child is placed are under the continuing
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jurisdiction of the court. The court may enter any order that it considers necessary for the
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protection and best interest of the child.
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(b) (i) Placement with a relative pursuant to Subsection (5) shall be periodically reviewed
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by the court, no less often than every six months, to determine whether:
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(A) placement with the relative continues to be in the child's best interest;
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(B) the child should be returned home; or
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(C) the child should be placed in the custody of the division.
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(ii) No later than 12 months after placement with a relative the court shall schedule a
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hearing for the purpose of entering a permanent order in accordance with the best interest of the
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child.
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(iii) The time limitations described in Section
78-3a-311
, with regard to reunification
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efforts, apply to children placed with a relative pursuant to Subsection (5).
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(7) When the court orders that a child be removed from the custody of his parent and does
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not vest custody in another parent or relative under this section, the court shall order that the child
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be placed in the temporary custody of the Division of Child and Family Services, to proceed to
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adjudication and disposition and to be provided with care and services in accordance with this
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chapter and Title 62A, Chapter 4a, Child and Family Services.
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(8) (a) Any preferential consideration that a relative may be initially granted pursuant to
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Subsection (5) expires [30] the latter of 90 days from the date of the shelter hearing or 60 days
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from the date of adjudication. After that time period has expired, a relative who has not obtained
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custody or asserted an interest in a child, may not be granted preferential consideration by the
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division or the court.
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(b) When [a period of 30 days from the date of the shelter hearing] the time period
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described in Subsection (8)(a) has expired, the preferential consideration which may initially be
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granted to a natural parent in accordance with Subsection (1), is limited. After that time the court
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shall base its custody decision on the best interest of the child.
Legislative Review Note
as of 1-28-00 4:17 PM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.