Title 80, Utah Juvenile Code

80-2-708. Supported finding of a severe type of child abuse or neglect after division investigation -- Notation in Licensing Information System -- Juvenile court petition or notice to alleged perpetrator -- Rights of alleged perpetrator. (1) If, after investigation, the division …

80-2-709. Division access to criminal background information for background screening and investigation. (1) The division shall have direct access to criminal background information maintained under Title 53, Chapter 10, Part 2, Bureau of Criminal Identification, for the purpose …

80-2-801. Definitions. As used in this part: (1) "Adoptable child" means a child: (a) who is in the custody of the division; and (b)(i) who has permanency goals of adoption; or (ii) for whom a final plan for pursuing termination of parental rights is approved in accordance with S…

80-2-802. Division child placing and adoption services -- Restrictions on placement of a child. (1) Except as provided in Subsection (3), the division may provide adoption services and, as a licensed child-placing agency under Title 26B, Chapter 2, Part 1, Human Services Programs…

80-2-803. Division promotion of adoption -- Adoption research and informational pamphlet. The division shall: (1) actively promote the adoption of all children in the division's custody who have a final plan for termination of parental rights under Section 80-3-409 or a primary p…

80-2-804. Adoptive placement time frame -- Division contracts with child-placing agencies. (1) Subject to this part, for a child who has a primary permanency plan of adoption or for whom a final plan for pursuing termination of parental rights is approved in accordance with Secti…

80-2-805. Division post-adoption services and contracts -- Access to health care for an adopted child. (1) Unless a parent or guardian of a child who is adopted from the custody of the division expressly requests otherwise, the division may not, solely on the basis that the paren…

80-2-806. Division adoption assistance -- Eligibility -- Limitations. (1) The purpose of this section is to provide adoption assistance to eligible adoptive families to establish and maintain a permanent adoptive placement for a child who has a special need and who qualifies unde…

80-2-807. Division supplemental adoption assistance -- Department advisory committee. (1)(a) The division may, based on annual legislative appropriations for adoption assistance and, subject to Subsection (2)(c), division rules made in accordance with Title 63G, Chapter 3, Utah A…

80-2-808. Division termination or modification of adoption assistance. (1) The division may not terminate or modify adoption assistance unless the division gives the adoptive parents notice and opportunity for a hearing as required in Title 63G, Chapter 4, Administrative Procedur…

80-2-809. Interstate compact adoption assistance agreements. (1) Notwithstanding Section 80-2-801, as used in this section: (a) "Adoption assistance" means financial support to an adoptive parent provided under the Adoption Assistance and Child Welfare Act of 1980, Title IV (e) o…

80-2-901. Definitions. As used in this part: (1) "State" means: (a) a state of the United States; (b) the District of Columbia; (c) the Commonwealth of Puerto Rico; (d) the Virgin Islands; (e) Guam; (f) the Commonwealth of the Northern Mariana Islands; or (g) a territory or posse…

80-2-902. Division authority under Article III of Interstate Compact. (1) The "appropriate public authorities," as used in Article III of the Interstate Compact on the Placement of Children shall, with reference to this state, mean the division. (2) The division shall receive and…

80-2-903. Director authority under Article V of Interstate Compact. As used in Paragraph (1) of Article V of the Interstate Compact on the Placement of Children, "appropriate authority in the receiving state," with reference to this state, means the director of the division.

80-2-904. Executive director authority under Article VII of Interstate Compact. (1) As used in Article VII of the Interstate Compact on the Placement of Children, "executive" means the executive director of the department. (2) The executive director of the department is authorize…

80-2-905. Interstate Compact on Placement of Children -- Text. The Interstate Compact on the Placement of Children is hereby enacted and entered into with all other jurisdictions that legally join in the compact which is, in form, substantially as follows: INTERSTATE COMPACT ON P…

80-2-906. Financial responsibility for child placed under Interstate Compact. (1) Financial responsibility for a child placed under the provisions of the Interstate Compact on the Placement of Children shall, in the first instance, be determined in accordance with the provisions …

80-2-907. Fulfillment of requirements under Interstate Compact. Requirements for visitation, inspection, or supervision of children, homes, institutions, or other agencies in another party state which may apply under this chapter or Chapter 2a, Removal and Protective Custody of a…

80-2-908. Jurisdiction over delinquent children under Interstate Compact. Any court having jurisdiction to place delinquent children may place such a child in an institution in another state, under Article VI of the Interstate Compact on the Placement of Children, and shall retai…

80-2-909. Existing authority for child placement continues. Any person who, under any law of this state other than this part or the Interstate Compact on the Placement of Children established under Section 80-2-905, has authority to make or assist in making the placement of a chi…

80-2-910. Interjurisdictional home study report. (1) The state of Utah may request a home study report from another state or an Indian Tribe for purposes of assessing the safety and suitability of placing a child in a home outside of the jurisdiction of the state of Utah. (2) The…

80-2a-101. Definitions. (1) As used in this chapter: (a) "Custody" means the same as that term is defined in Section 80-2-102. (b) "Division" means the Division of Child and Family Services created in Section 80-2-201. (c) "Friend" means an adult who: (i) has an established relat…

80-2a-201. Rights of parents -- Children's rights -- Interest and responsibility of state. (1)(a) 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 parent's c…

80-2a-202. Removal of a child by a peace officer or child welfare caseworker -- Search warrants -- Protective custody and temporary care of a child. (1) A peace officer or child welfare caseworker may remove a child or take a child into protective custody, temporary custody, or c…

80-2a-203. Notice upon issuance of a warrant or removal of a child -- Locating noncustodial parent -- Information provided to parent, guardian, or responsible relative. (1)(a) A peace officer or child welfare caseworker who takes a child into protective custody under Subsection 8…

80-2a-301. Division's emergency placement of a child -- Background checks. (1) The division may place a child in an emergency placement if: (a) the child welfare caseworker makes the determination that: (i) the child's home is unsafe; (ii) removal is necessary under Section 80-2a…

80-2a-302. Reasonable efforts to maintain a child in the home -- Exception -- Reasonable efforts for reunification. (1) Because removal of a child from the child's home affects protected, constitutional rights of the parent and has a dramatic, long-term impact on a child, the div…

80-2a-303. Child missing from division custody -- Placement after locating child. (1) If the division receives information that a child in the protective custody, temporary custody, or custody of the division is missing, has been abducted, or has run away, the division shall: (a)…

80-2a-304. Removal of a child from foster family placement -- Procedural due process. (1)(a) The Legislature finds that, except with regard to a child's parent or guardian, a foster family has a very limited but recognized interest in the foster family's familial relationship wit…

80-3-102. Definitions. (1) As used in this chapter: (a) "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: (i) abused; (ii) neglected; or (iii) dependent. (b) "Custo…

80-3-103. Nature of proceedings -- Rules of procedure -- Ex parte communications. (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) Any unauthorized ex parte communication…

80-3-104. Individuals entitled to be present at proceedings -- Legal representation -- Attorney general responsibilities. (1)(a) A minor who is the subject of a juvenile court hearing, any person entitled to notice under Section 80-3-201 or 80-3-301, preadoptive parents, foster p…

80-3-105. Consolidation of proceedings. (1) Subject to Subsection (2), when more than one child is involved in a home situation that may be found to constitute abuse, neglect, or dependency, the proceedings may be consolidated. (2) Separate hearings may be held in proceedings con…

80-3-106. Record of proceedings. (1) As used in this section: (a) "Record of a proceeding" does not include documentary materials of any type submitted to the juvenile court as part of the proceeding, including items submitted under Utah Rules of Juvenile Procedure, Rule 45. (b) …

80-3-107. Disclosure of records -- Record sharing. (1)(a) Except as provided in Subsections (1)(d) and (e), in an abuse, neglect, or dependency proceeding occurring after the commencement of a shelter hearing under Section 80-3-301, or the filing of an abuse, neglect, or dependen…

80-3-108. Opportunity for a minor to address the juvenile court -- Consideration of minor's statement outside of court. (1) As used in this section, "postadjudication hearing" means: (a) a dispositional hearing; (b) a permanency hearing; or (c) a review hearing, except a drug cou…

80-3-109. Physical or mental health examination during proceedings -- Division duties. (1) In a proceeding under this chapter, the juvenile court: (a) may appoint any mental health therapist, as defined in Section 58-60-102, who the juvenile court finds to be qualified to: (i) ev…

80-3-110. Consideration of cannabis during proceedings -- Drug testing. (1) As used in this section: (a) "Cannabis" means the same as that term is defined in Section 26B-4-201. (b) "Cannabis product" means the same as that term is defined in Section 26B-4-201. (c)(i) "Chronic" me…

80-3-111. Interstate compact -- Relative placement. (1) If, for a relative placement, an interstate placement requested under the Interstate Compact on the Placement of Children has been initiated by the division or is ordered by or pending before the juvenile court, the court ma…

80-3-201. Petition -- Who may file -- Timing -- Dismissal -- Notice. (1) Subject to Subsection (2), any interested person may file an abuse, neglect, or dependency petition. (2) A person described in Subsection (1) shall make a referral with the division before the person files a…

80-3-202. Expedited filing of petition. (1) If an abuse, neglect, or dependency petition is requested by the division, the attorney general shall file the abuse, neglect, or dependency petition within 72 hours after the completion of the division's investigation and request, excl…

80-3-203. Expedited hearing for temporary custody. (1) After an abuse, neglect, or dependency petition is filed, the juvenile court may make an order: (a) providing for temporary custody of the child who is the subject of the petition; or (b) that the division provide protective …

80-3-204. Protective custody of a child after a petition is filed -- Grounds. (1) When an abuse, neglect, or dependency petition is filed, the juvenile court shall apply, in addressing the petition, the least restrictive means and alternatives available to accomplish a compelling…

80-3-205. Coordination of proceedings. (1) In each case where an information or indictment is filed against a defendant concerning abuse, neglect, or dependency of a child, and a petition is filed in juvenile court concerning the victim, the appropriate county attorney's or distr…

80-3-206. Mediation. If an abuse, neglect, or dependency petition is filed, or if a matter is referred to the juvenile court under Subsection 78A-6-104(1)(a)(iii), the juvenile court may require the parties to participate in mediation in accordance with Title 78B, Chapter 6, Part…

80-3-207. Modification of petition -- Continuance. (1) When it appears in a proceeding under this chapter that evidence presented points to material facts not alleged in the abuse, neglect, or dependency petition, the juvenile court may consider the additional or different matter…