(a) (1) The Department of Human Services shall make diligent efforts to identify putative parents in a dependency-neglect proceeding, including without limitation checking the Putative Father Registry.
(1) The Department of Human Services shall make diligent efforts to identify putative parents in a dependency-neglect proceeding, including without limitation checking the Putative Father Registry.
(b) (1) (A) If the petitioner has named and served a putative parent under this section and § 9-35-306, the court shall resolve the:(i) Party status of a putative parent; and(ii) Rights of the putative parent as a putative father, if the putative father's rights have attached.(B) A court may consider the termination of the rights of a putative parent under § 9-35-325 if the:(i) Court finds that the putative parent has established significant contacts; and(ii) Rights of the putative parent as a putative father have attached.(2) The court shall provide a putative parent the opportunity to be heard regarding his or her:(A) Efforts to establish paternity; and(B) Significant contacts with the juvenile involved in the dependency-neglect proceedings.(3) (A) The court may order deoxyribonucleic acid (DNA) testing at any time.(B) A court may establish paternity or determine whether a putative parent is a parent as defined under § 9-35-102 regardless of whether a deoxyribonucleic acid (DNA) test was ordered or performed.(C) If there is more than one (1) putative parent of the juvenile, the court shall order a deoxyribonucleic acid (DNA) test of each identified putative parent to determine the biological parent of the juvenile.(D) A deoxyribonucleic acid (DNA) test establishing a putative parent as the biological parent of a juvenile is sufficient evidence for the court to:(i) Adjudicate paternity;(ii) Establish that the putative parent is a parent for the purposes of this subchapter; and(iii) Enter a decree of paternity.(4) A putative parent has the burden to prove paternity and significant contacts with the juvenile.
(1) (A) If the petitioner has named and served a putative parent under this section and § 9-35-306, the court shall resolve the:(i) Party status of a putative parent; and(ii) Rights of the putative parent as a putative father, if the putative father's rights have attached.(B) A court may consider the termination of the rights of a putative parent under § 9-35-325 if the:(i) Court finds that the putative parent has established significant contacts; and(ii) Rights of the putative parent as a putative father have attached.
(A) If the petitioner has named and served a putative parent under this section and § 9-35-306, the court shall resolve the:(i) Party status of a putative parent; and(ii) Rights of the putative parent as a putative father, if the putative father's rights have attached.
(i) Party status of a putative parent; and
(ii) Rights of the putative parent as a putative father, if the putative father's rights have attached.
(B) A court may consider the termination of the rights of a putative parent under § 9-35-325 if the:(i) Court finds that the putative parent has established significant contacts; and(ii) Rights of the putative parent as a putative father have attached.
(i) Court finds that the putative parent has established significant contacts; and
(ii) Rights of the putative parent as a putative father have attached.
(2) The court shall provide a putative parent the opportunity to be heard regarding his or her:(A) Efforts to establish paternity; and(B) Significant contacts with the juvenile involved in the dependency-neglect proceedings.
(A) Efforts to establish paternity; and
(B) Significant contacts with the juvenile involved in the dependency-neglect proceedings.
(3) (A) The court may order deoxyribonucleic acid (DNA) testing at any time.(B) A court may establish paternity or determine whether a putative parent is a parent as defined under § 9-35-102 regardless of whether a deoxyribonucleic acid (DNA) test was ordered or performed.(C) If there is more than one (1) putative parent of the juvenile, the court shall order a deoxyribonucleic acid (DNA) test of each identified putative parent to determine the biological parent of the juvenile.(D) A deoxyribonucleic acid (DNA) test establishing a putative parent as the biological parent of a juvenile is sufficient evidence for the court to:(i) Adjudicate paternity;(ii) Establish that the putative parent is a parent for the purposes of this subchapter; and(iii) Enter a decree of paternity.
(A) The court may order deoxyribonucleic acid (DNA) testing at any time.
(B) A court may establish paternity or determine whether a putative parent is a parent as defined under § 9-35-102 regardless of whether a deoxyribonucleic acid (DNA) test was ordered or performed.
(C) If there is more than one (1) putative parent of the juvenile, the court shall order a deoxyribonucleic acid (DNA) test of each identified putative parent to determine the biological parent of the juvenile.
(D) A deoxyribonucleic acid (DNA) test establishing a putative parent as the biological parent of a juvenile is sufficient evidence for the court to:(i) Adjudicate paternity;(ii) Establish that the putative parent is a parent for the purposes of this subchapter; and(iii) Enter a decree of paternity.
(i) Adjudicate paternity;
(ii) Establish that the putative parent is a parent for the purposes of this subchapter; and
(iii) Enter a decree of paternity.
(4) A putative parent has the burden to prove paternity and significant contacts with the juvenile.
(c) (1) Except as provided under § 9-35-306, a putative parent shall be named as a party if the circuit court:(A) (i) Has determined that the putative parent has established paternity; and(ii) Enters an order establishing the putative parent as a parent for the purposes of this subchapter and directing that the parent be added to the case as a party defendant; or(B) (i) Has determined that the putative parent has established significant contacts with the juvenile; and(ii) Enters an order finding that the rights of the putative parent have attached and directing that the parent shall be added to the case as a party defendant.(2) (A) If the petitioner has named and served a putative parent under this section and § 9-35-306 and the circuit court finds that the putative parent has established paternity, the court shall:(i) Enter an order establishing the putative parent as a parent for the purposes of this subchapter; and(ii) Maintain the parent as a party defendant.(B) If the petitioner has named and served a putative parent under this section and § 9-35-306 and the circuit court finds that the putative parent has established significant contacts with the juvenile, the court shall:(i) Enter an order stating that the rights of the putative parent have attached; and(ii) Maintain the putative parent as a party defendant.(3) If the circuit court finds that the putative parent, after being given notice and opportunity to be heard, has not established paternity or significant contacts with the juvenile, the circuit court shall:(A) Find that the:(i) Putative parent is not a parent for the purposes of this subchapter; and(ii) Rights of the putative parent have not attached; and(B) Dismiss the putative parent from the case and enter an order finding that no further notice, including without limitation notice of an adoption petition concerning the juvenile, is required to be provided to the putative parent.
(1) Except as provided under § 9-35-306, a putative parent shall be named as a party if the circuit court:(A) (i) Has determined that the putative parent has established paternity; and(ii) Enters an order establishing the putative parent as a parent for the purposes of this subchapter and directing that the parent be added to the case as a party defendant; or(B) (i) Has determined that the putative parent has established significant contacts with the juvenile; and(ii) Enters an order finding that the rights of the putative parent have attached and directing that the parent shall be added to the case as a party defendant.
(A) (i) Has determined that the putative parent has established paternity; and(ii) Enters an order establishing the putative parent as a parent for the purposes of this subchapter and directing that the parent be added to the case as a party defendant; or
(i) Has determined that the putative parent has established paternity; and
(ii) Enters an order establishing the putative parent as a parent for the purposes of this subchapter and directing that the parent be added to the case as a party defendant; or
(B) (i) Has determined that the putative parent has established significant contacts with the juvenile; and(ii) Enters an order finding that the rights of the putative parent have attached and directing that the parent shall be added to the case as a party defendant.
(i) Has determined that the putative parent has established significant contacts with the juvenile; and
(ii) Enters an order finding that the rights of the putative parent have attached and directing that the parent shall be added to the case as a party defendant.
(2) (A) If the petitioner has named and served a putative parent under this section and § 9-35-306 and the circuit court finds that the putative parent has established paternity, the court shall:(i) Enter an order establishing the putative parent as a parent for the purposes of this subchapter; and(ii) Maintain the parent as a party defendant.(B) If the petitioner has named and served a putative parent under this section and § 9-35-306 and the circuit court finds that the putative parent has established significant contacts with the juvenile, the court shall:(i) Enter an order stating that the rights of the putative parent have attached; and(ii) Maintain the putative parent as a party defendant.
(A) If the petitioner has named and served a putative parent under this section and § 9-35-306 and the circuit court finds that the putative parent has established paternity, the court shall:(i) Enter an order establishing the putative parent as a parent for the purposes of this subchapter; and(ii) Maintain the parent as a party defendant.
(i) Enter an order establishing the putative parent as a parent for the purposes of this subchapter; and
(ii) Maintain the parent as a party defendant.
(B) If the petitioner has named and served a putative parent under this section and § 9-35-306 and the circuit court finds that the putative parent has established significant contacts with the juvenile, the court shall:(i) Enter an order stating that the rights of the putative parent have attached; and(ii) Maintain the putative parent as a party defendant.
(i) Enter an order stating that the rights of the putative parent have attached; and
(ii) Maintain the putative parent as a party defendant.
(3) If the circuit court finds that the putative parent, after being given notice and opportunity to be heard, has not established paternity or significant contacts with the juvenile, the circuit court shall:(A) Find that the:(i) Putative parent is not a parent for the purposes of this subchapter; and(ii) Rights of the putative parent have not attached; and(B) Dismiss the putative parent from the case and enter an order finding that no further notice, including without limitation notice of an adoption petition concerning the juvenile, is required to be provided to the putative parent.
(A) Find that the:(i) Putative parent is not a parent for the purposes of this subchapter; and(ii) Rights of the putative parent have not attached; and
(i) Putative parent is not a parent for the purposes of this subchapter; and
(ii) Rights of the putative parent have not attached; and
(B) Dismiss the putative parent from the case and enter an order finding that no further notice, including without limitation notice of an adoption petition concerning the juvenile, is required to be provided to the putative parent.
(d) The rights of a putative parent to appointed counsel are subject to § 9-35-311.