Title 80, Title 80: Utah Juvenile Code

80-3-305. Criminal background checks necessary before out-of-home placement of a child. (1) Subject to Subsection, upon ordering removal of a child from the custody of the child's parent and placing that child in the temporary custody or custody of the division before the divisio…

80-3-306. Outstanding arrest warrant check before return of custody. (1) Before the division may recommend that a child who is in protective custody, temporary custody, or custody of the division be returned to the custody of a parent or guardian of the child, the division shall …

80-3-307. Child and family plan developed by division -- Parent-time and relative visitation. (1) The division shall develop and finalize a child's child and family plan no more than 45 days after the day on which the child enters the temporary custody of the division. (2) The di…

80-3-401. Pretrial and adjudication hearing -- Time deadlines. (1) Upon the filing of an abuse, neglect, or dependency petition, the clerk of the juvenile court shall set the pretrial hearing on the petition within 15 calendar days after the later of: the day on which the shelter…

80-3-402. Adjudication hearing -- Dispositional hearing time deadlines -- Scheduling of review and permanency hearing. (1) If, at the adjudication hearing, the juvenile court finds, by clear and convincing evidence, that the allegations contained in the abuse, neglect, or depende…

80-3-403. Treatment for offender and victim -- Costs. (1) Upon adjudication in the juvenile court of an individual charged with child abuse, child sexual abuse, or sexual exploitation of a child, the juvenile court may order treatment for the adjudicated offender or the victim. (…

80-3-404. Finding of severe child abuse or neglect -- Order delivered to division -- Court records. (1) If an abuse, neglect, or dependency petition filed with the juvenile court pursuant to Sectioninforms the juvenile court that the division has made a supported finding that an …

80-3-405. Dispositions after adjudication. (1) Upon adjudication under Subsection, the juvenile court may make the dispositions described in Subsectionat the dispositional hearing. 80-3-402(1) (2) (2) The juvenile court may vest custody of an abused, neglected, or dependent minor…

80-3-406. Permanency plan -- Reunification services. (1) If the juvenile court orders continued removal at the dispositional hearing under Section, and that the minor remain in the custody of the division, the juvenile court shall first: 80-3-402 establish a primary permanency pl…

80-3-407. Six-month review hearing -- Findings regarding reasonable efforts by division -- Findings regarding child and family plan compliance. (1) If reunification efforts have been ordered by the juvenile court under Section, the juvenile court shall hold a hearing no more than…

80-3-408. Periodic review hearings -- Dispositional reports. (1) At least every six months, the division or the juvenile court shall conduct a periodic review of the status of each minor in the custody of the division, until the juvenile court terminates the division's custody of…

80-3-409. Permanency hearing -- Final plan -- Petition for termination of parental rights filed -- Hearing on termination of parental rights. (1) If reunification services are ordered under Section, with regard to a minor who is in the custody of the division, the juvenile court …

80-3-501. Placement in a qualified residential treatment program -- Review hearings. (1) As used in this section: "Qualified individual" means the same as that term is defined in 42 U.S.C. Sec. 675a. "Qualified residential treatment program" means the same as that term is defined…

80-3-502. Review of foster care removal -- Foster parent's standing. (1) With regard to a minor in the custody of the division who is the subject of a petition alleging abuse, neglect, or dependency, and who has been placed in foster care with a foster family, the Legislature fin…

80-3-503. Minor's petition for removal from division custody -- Reentering division custody. (1) A minor who is 18 years old or older, but younger than 21 years old, may petition the juvenile court to express the minor's desire to have the minor be removed from the custody of the…

80-3-504. Petition for substantiation -- Court findings -- Expedited hearing -- Records of an appeal. (1) The division or an individual may file a petition for substantiation in accordance with Sectionor. 80-2-708 80-2-1004 (2) An adjudicative proceeding on a petition for substan…

80-3-505. Petition for special findings for at-risk noncitizen child. (1) As used in this section: "At-risk" means there is reasonable cause to suspect that: a noncitizen child's health, safety, and welfare is, or has been, in jeopardy due to abuse, neglect, abandonment, or simil…

80-4-102. Definitions. (1) As used in this chapter: "Division" means the Division of Child and Family Services created in Section. 80-2-201 "Failure of parental adjustment" means that a parent or parents are unable or unwilling within a reasonable time to substantially correct th…

80-4-103. Nature of the proceedings -- Rules of procedure -- Burden of proof. (1) The proceedings under this chapter are civil in nature and are governed by the Utah Rules of Civil Procedure and the Utah Rules of Juvenile Procedure. (2) The juvenile court shall: in all cases file…

80-4-104. Judicial process for termination -- Parent unfit or incompetent -- Best interest of child. (1) Under both the United States Constitution and the constitution of this state, a parent possesses a fundamental liberty interest in the care, custody, and management of the par…

80-4-105. Effect of decree. (1) An order for the termination of parental rights divests the child and the parents of all legal rights, powers, immunities, duties, and obligations with respect to each other, except the right of the child to inherit from the parent. (2) An order or…

80-4-106. Individuals entitled to be present at proceedings -- Legal representation -- Attorney general responsibilities. (1) The parties shall be advised of the parties' right to counsel, including the appointment of counsel for a parent or guardian facing any action initiated b…

80-4-107. Record of proceedings -- Written reports and other materials -- Statements of a child. (1) As used in this section, "record of a proceeding" means the same as that term is defined in Section. 80-3-106 (2) A record of a proceeding under this chapter: shall be taken in ac…

80-4-108. Physical or mental health examination during proceedings. (1) In a proceeding under this chapter, the juvenile court may appoint any mental health therapist, as defined in Section, who the juvenile court finds to be qualified to: 58-60-102 evaluate the mental health of,…

80-4-109. Consideration of cannabis during proceedings. (1) As used in this section: "Cannabis" means the same as that term is defined in Section. 26B-4-201 "Cannabis product" means the same as that term is defined in Section. 26B-4-201 "Chronic" means repeated or patterned. "Chr…

80-4-201. Petition -- Who may file -- Dismissal. (1) Any interested party, including a foster parent, may file a petition for termination of parental rights. (2) The attorney general shall file a petition for termination of parental rights under this chapter on behalf of the divi…

80-4-202. Contents of petition. (1) A petition for termination of parental rights shall include, to the best information or belief of the petitioner: the information required by Utah Rules of Juvenile Procedure, Rule 17; the grounds on which termination of parental rights is soug…

80-4-203. Mandatory petition for termination of parental rights. (1) For purposes of this section, "abandoned infant" means a child who is 12 months old or younger and whose parent or parents: although having legal custody of the child, fail to maintain physical custody of the ch…

80-4-204. Notice of petition. (1) After a petition for termination of parental rights is filed, notice shall: be provided to the parents, the guardian, the individual or agency having legal custody of the child, and any individual acting in loco parentis to the child; and indicat…

80-4-205. Expedited hearing for temporary custody. (1) At any time after a petition for termination of parental rights is filed, the juvenile court may make an order in accordance with this chapter: providing for temporary custody of the child who is the subject of the petition; …

80-4-206. Mediation. If a petition for termination of parental rights is filed, or if the matter is referred to the juvenile court under Subsection, the juvenile court may require the parties to participate in mediation in accordance with.

80-4-207. Modification of petition -- Continuance. (1) When it appears that evidence presented in a proceeding under this chapter points to material facts not alleged in the petition for termination of parental rights, the juvenile court may consider the additional or different m…

80-4-301. Grounds for termination of parental rights -- Findings regarding reasonable efforts by division. (1) Subject to the protections and requirements of Section, and if, based on the totality of the circumstances, the juvenile court finds termination of parental rights, from…

80-4-302. Evidence of grounds for termination. (1) In determining whether a parent or parents have abandoned a child, it is prima facie evidence of abandonment that the parent or parents: although having legal custody of the child, have surrendered physical custody of the child, …

80-4-303. Specific considerations when child is not in physical custody of parent. (1) If a child is not in the physical custody of the child's parent or parents, the juvenile court, in determining whether parental rights should be terminated, shall consider: the physical, mental…

80-4-304. Specific considerations when child is placed in foster home. If a child is in the custody of the division and has been placed and resides in a foster home and the division institutes proceedings under this chapter regarding the child, with an ultimate goal of having the…

80-4-305. Court disposition of child upon termination of parental rights -- Posttermination reunification. (1) Except as provided in Subsection, as used in this section, "relative" means: (7) an adult who is a grandparent, great-grandparent, aunt, great aunt, uncle, great uncle, …

80-4-306. Review following termination. (1) At the conclusion of the hearing in which the juvenile court orders termination of parental rights, the juvenile court shall order that a review hearing be held within 90 days after the day on which parental rights are terminated if the…

80-4-307. Voluntary relinquishment -- Irrevocable. (1) The individual consenting to termination of parental rights or voluntarily relinquishing parental rights shall sign the consent or relinquishment, or confirm a consent or relinquishment previously signed by the individual, un…

80-4-401. Petition to restore parental rights -- Division duties. (1) A child, who is 12 years old or older, or an authorized representative acting on behalf of a child of any age, may file a petition to restore parental rights if: 24 months have passed since the day on which the…

80-4-402. Hearing on petition to restore parental rights. (1) The juvenile court may restore a parent's parental rights if: the child meets the requirements of Subsection; 80-4-401(1) considering the age and maturity of the child, the child consents to the restoration; the former…

80-4-501. Definitions. As used in this part: (1) "Hospital" means a general acute hospital, as that term is defined in Section, that is: 26B-2-201 equipped with an emergency room; open 24 hours a day, seven days a week; and employs full-time health care professionals who have eme…

80-4-502. Safe relinquishment of a newborn child -- Termination of parental rights -- Affirmative defense. (1) A parent or a parent's designee may safely relinquish a newborn child at a hospital in accordance with this part and retain complete anonymity, so long as the newborn ch…

80-5-102. Definitions. As used in this chapter: (1) "Account" means the Juvenile Justice Reinvestment Restricted Account created in Section. 80-5-302 (2) "Adult" means an individual who is 18 years old or older. "Adult" does not include a juvenile offender. (3) "Aftercare service…

80-5-103. Creation of division -- Jurisdiction. (1) There is created the Division of Juvenile Justice and Youth Services within the department. (2) The division shall be under the administration and supervision of the executive director of the department. (3) The division has jur…

80-5-104. Division director -- Qualifications -- Responsibility. (1) The executive director of the department shall appoint the director of the division. (2) The director shall have a bachelor's degree from an accredited university or college, be experienced in administration, an…