Shelter Proceedings and Placement of a Child

Utah Code tit. 80, ch. 80-3, pt. 80-3-P3

in effect

Utah Code § 80-3-301 Shelter hearing -- Court considerations.

80-3-301. Shelter hearing -- Court considerations. (1) A juvenile court shall hold a shelter hearing to determine the temporary custody of a child within 72 hours, excluding weekends and holidays, after any one or all of the following occur: (a) removal of the child from the child's home by the division; (b) placement of the child in protective custody; (c) emergency placement under Subsection 80-2a-202(5); (d) as an alternative to removal of the child, a parent enters a domestic violence shelter at the request of the division; or (e) a motion for expedited placement in temporary custody is filed under Section 80-3-203. (2) If one of the circumstances described in Subsections (1)(a) through (e) occurs, the division shall issue a notice that contains all of the following: (a) the name and address of the individual to whom the notice is directed; (b) the date, time, and place of the shelter hearing; (c) the name of the child on whose behalf an abuse, neglect, or dependency petition is brought; (d) a concise statement regarding: (i) the reasons for removal or other action of the division under Subsection (1); and (ii) the allegations and code sections under which the proceeding is instituted; (e) a statement that the parent or guardian to whom notice is given, and the child, are entitled to have an attorney present at the shelter hearing, and that if the parent or guardian is an indigent individual and cannot afford an attorney, and desires to be represented by an attorney, one will be provided in accordance with Title 78B, Chapter 22, Indigent Defense Act; and (f) a statement that the parent or guardian is liable for the cost of support of the child in the protective custody, temporary custody, and custody of the division, and the cost for legal counsel appointed for the parent or guardian under Subsection (2)(e), according to the financial ability of the parent or guardian. (3) The notice described in Subsection (2) shall be personally served as soon as possible, but no later than one business day after the day on which the child is removed from the child's home, or the day on which a motion for expedited placement in temporary custody under Section 80-3-203 is filed, on: (a) the appropriate guardian ad litem; and (b) both parents and any guardian of the child, unless the parents or guardians cannot be located. (4) Notwithstanding Section 80-3-104, the following individuals shall be present at the shelter hearing: (a) the child, unless it would be detrimental for the child; (b) the child's parents or guardian, unless the parents or guardian cannot be located, or fail to appear in response to the notice; (c) counsel for the parents, if one is requested; (d) the child's guardian ad litem; (e) the child welfare caseworker from the division who is assigned to the case; and (f) the attorney from the attorney general's office who is representing the division. (5) (a) At the shelter hearing, the juvenile court shall: (i) provide an opportunity to provide relevant testimony to: (A) the child's parent or guardian, if present; and (B) any other individual with relevant knowledge; (ii) subject to Section 80-3-108, provide an opportunity for the child to testify; and (iii) in accordance with Subsections 80-3-302(7)(c) and (d), grant preferential consideration to a relative or friend for the temporary placement of the child. (b) The juvenile court: (i) may consider all relevant evidence, in accordance with the Utah Rules of Juvenile Procedure; (ii) shall hear relevant evidence presented by the child, the child's parent or guardian, the requesting party, or the requesting party's counsel, including relevant evidence regarding harm the specific child has suffered or will suffer due to the separation or continued separation from the child's parent or guardian; and (iii) may in the juvenile court's discretion limit testimony and evidence to only that which goes to the issues of removal and the child's need for continued protection. (6) If the child is in protective custody, the division shall report to the juvenile court: (a) the reason why the child was removed from the parent's or guardian's custody; (b) any services provided to the child and the child's family in an effort to prevent removal; (c) the need, if any, for continued shelter; (d) the available services that could facilitate the return of the child to the custody of the child's parent or guardian; and (e) subject to Subsections 80-3-302(7)(c) and (d), whether any relatives of the child or friends of the child's parents may be able and willing to accept temporary placement of the child. (7) The juvenile court shall consider all relevant evidence provided by an individual or entity authorized to present relevant evidence under this section. (8) (a) If necessary to protect the child, preserve the rights of a party, or for other good cause shown, the juvenile court may grant no more than one continuance, not to exceed five judicial days. (b) A juvenile court shall honor, as nearly as practicable, the request by a parent or guardian for a continuance under Subsection (8)(a). (c) Notwithstanding Subsection (8)(a), if the division fails to provide the notice described in Subsection (2) within the time described in Subsection (3), the juvenile court may grant the request of a parent or guardian for a continuance, not to exceed five judicial days. (9) (a) If the child is in protective custody, the juvenile court shall order that the child be returned to the custody of the parent or guardian unless the juvenile court finds, by a preponderance of the evidence, consistent with the protections and requirements provided in Subsection 80-2a-201(1), that any one of the following exists: (i) subject to Subsection (9)(b)(i), there is a serious danger to the physical health or safety of the child and the child's physical health or safety may not be protected without removing the child from the custody of the child's parent; (ii) (A) the child is suffering emotional damage that results in a serious impairment in the child's growth, development, behavior, or psychological functioning; (B) the parent or guardian is unwilling or unable to make reasonable changes that would sufficiently prevent future damage; and (C) there are no reasonable means available by which the child's emotional health may be protected without removing the child from the custody of the child's parent or guardian; (iii) there is a substantial risk that the child will suffer abuse or neglect if the child is not removed from the custody of the child's parent or guardian; (iv) subject to Subsection (9)(b)(ii), the child or a minor residing in the same household has been, or is considered to be at substantial risk of being, physically abused, sexually abused, or sexually exploited by: (A) a parent or guardian; (B) a member of the parent's household or the guardian's household; or (C) an individual known to the parent or guardian; (v) the parent or guardian is unwilling to have physical custody of the child; (vi) the parent or guardian is unable to have physical custody of the child; (vii) the child is without any provision for the child's support; (viii) a parent who is incarcerated or institutionalized has not or cannot arrange for safe and appropriate care for the child; (ix) (A) a relative or other adult custodian with whom the child is left by the parent or guardian is unwilling or unable to provide care or support for the child; (B) the whereabouts of the parent or guardian are unknown; and (C) reasonable efforts to locate the parent or guardian are unsuccessful; (x) subject to Subsection 80-1-102(59)(b)(i) and Sections 80-3-109 and 80-3-304, the child is in immediate need of medical care; (xi) (A) the physical environment or the fact that the child is left unattended beyond a reasonable period of time poses a threat to the child's health or safety; and (B) the parent or guardian is unwilling or unable to make reasonable changes that would remove the threat; (xii) (A) the child or a minor residing in the same household has been neglected; and (B) the parent or guardian is unwilling or unable to make reasonable changes that would prevent the neglect; (xiii) the parent, guardian, or an adult residing in the same household as the parent or guardian, is charged or arrested in accordance with Title 76, Chapter 18, Part 5, Clandestine Drug Labs, and any clandestine laboratory operation was located in the residence or on the property where the child resided; (xiv) (A) the child's welfare is substantially endangered; and (B) the parent or guardian is unwilling or unable to make reasonable changes that would remove the danger; or (xv) the child's parent: (A) intentionally, knowingly, or recklessly causes the death of another parent of the child; (B) is identified by a law enforcement agency as the primary suspect in an investigation for intentionally, knowingly, or recklessly causing the death of another parent of the child; or (C) is being prosecuted for or has been convicted of intentionally, knowingly, or recklessly causing the death of another parent of the child. (b) (i) Prima facie evidence of the finding described in Subsection (9)(a)(i) is established if: (A) a court previously adjudicated that the child suffered abuse, neglect, or dependency involving the parent; and (B) a subsequent incident of abuse, neglect, or dependency involving the parent occurs. (ii) For purposes of Subsection (9)(a)(iv), if the juvenile court finds that the parent knowingly allowed the child to be in the physical care of an individual after the parent received actual notice that the individual physically abused, sexually abused, or sexually exploited the child, that fact is prima facie evidence that there is a substantial risk that the child will be physically abused, sexually abused, or sexually exploited. (10) (a) (i) The juvenile court shall make a determination on the record as to whether reasonable efforts were made to prevent or eliminate the need for removal of the child from the child's home and whether there are available services that would prevent the need for continued removal. (ii) If the juvenile court finds that the child can be safely returned to the custody of the child's parent or guardian through the provision of the services described in Subsection (10)(a)(i), the juvenile court shall place the child with the child's parent or guardian and order that the services be provided by the division. (b) In accordance with federal law, the juvenile court shall consider the child's health, safety, and welfare as the paramount concern when making the determination described in Subsection (10)(a), and in ordering and providing the services described in Subsection (10)(a). (11) If, at the time of the child's removal, an emergency situation existed in which the child could not safely remain at home, the juvenile court shall make a finding on the record that any lack of preplacement preventive efforts, as described in Section 80-2a-302, was appropriate. (12) In cases where sexual abuse, sexual exploitation, abandonment, severe abuse, or severe neglect are involved, the juvenile court and the division do not have any duty to make reasonable efforts or to, in any other way, attempt to maintain a child in the child's home, return a child to the child's home, provide reunification services, or attempt to rehabilitate the offending parent or parents. (13) The juvenile court may not order continued removal of a child solely on the basis of educational neglect, truancy, or failure to comply with a court order to attend school. (14) (a) If a juvenile court orders continued removal of a child under this section, the juvenile court shall state the facts on which the decision is based. (b) If no continued removal is ordered and the child is returned home, the juvenile court shall state the facts on which the decision is based. (15) If the juvenile court finds that continued removal and temporary custody are necessary for the protection of a child under Subsection (9)(a), the juvenile court shall order continued removal regardless of: (a) any error in the initial removal of the child; (b) the failure of a party to comply with notice provisions; or (c) any other procedural requirement of this chapter, Chapter 2, Child Welfare Services, or Chapter 2a, Removal and Protective Custody of a Child. Amended by Chapter 362, 2026 General Session

Utah Code § 80-3-302 Shelter hearing -- Placement of a child.

80-3-302. Shelter hearing -- Placement of a child. (1) As used in this section: (a) "Asserted an interest" means to communicate, verbally or in writing, to the division or the court, that the relative or friend is interested in becoming a placement for the child. (b) (i) "Parent" does not include an unmarried biological father, as defined in Section 81-13-101, who has not strictly complied with Sections 81-13-212 and 81-13-213 before the removal of the child or voluntary surrender of the child by the custodial parent. (ii) "Parent" includes, except as provided in Subsection (1)(b)(i), an individual with a parent-child relationship to the child under Section 81-5-201 regardless of whether the child has been or will be placed with adoptive parents or whether adoption has been or will be considered as a long-term goal for the child. (2) (a) At the shelter hearing, if the juvenile court orders that a child be removed from the custody of the child's parent in accordance with Section 80-3-301, the juvenile court shall first determine whether there is another parent with whom the child was not residing at the time the events or conditions that brought the child within the juvenile court's jurisdiction occurred, who desires to assume custody of the child. (b) Subject to Subsection (2)(c), if another parent desires to assume custody under Subsection (2)(a), the juvenile court shall place the child in that parent's temporary custody unless the juvenile court finds that the placement would be unsafe or otherwise detrimental to the child. (c) In determining whether placement in the other parent's temporary custody would be unsafe or otherwise detrimental, the juvenile court: (i) shall make a specific finding regarding the fitness of the parent described in Subsection (2)(b) to assume temporary custody, and the safety and appropriateness of the placement; (ii) shall, at a minimum, order the division to visit the parent's home, comply with the criminal background check provisions described in Section 80-3-305, and check the Management Information System for any previous reports of abuse or neglect received by the division regarding the parent at issue; (iii) may order the division to conduct any further investigation regarding the safety and appropriateness of the placement; and (iv) may place the child in the temporary custody of the division, pending the juvenile court's determination regarding the placement. (d) The division shall report the division's findings from an investigation under Subsection (2)(c) in writing to the juvenile court within 14 days after the day on which the juvenile court orders the investigation. (3) If the juvenile court orders placement with a parent under Subsection (2): (a) the child and the parent are under the continuing jurisdiction of the juvenile court; (b) the juvenile court may order: (i) that the parent take custody subject to the supervision of the juvenile court; and (ii) that services be provided to the parent from whose custody the child was removed, the parent who has assumed custody, or both; and (c) the juvenile court shall order reasonable parent-time with the parent from whose custody the child was removed, unless parent-time is not in the best interest of the child. (4) The juvenile court shall periodically review an order described in Subsection (3) to determine whether: (a) placement with the parent continues to be in the child's best interest; (b) the child should be returned to the original custodial parent; (c) the child should be placed with a relative under Subsections (6) through (9); or (d) the child should be placed in the temporary custody of the division. (5) (a) Legal custody of the child is not affected by an order entered under Subsection (2) or (3). (b) To affect a previous court order regarding legal custody, the party shall petition the court for modification of legal custody. (6) Subject to Subsection (7), if, at the time of the shelter hearing, a child is removed from the custody of the child's parent and is not placed in the custody of the child's other parent, the juvenile court: (a) shall, at that time, determine whether there is a relative or a friend who is able and willing to care for the child, which may include asking a child, who is of sufficient maturity to articulate the child's wishes in relation to a placement, if there is a relative or friend with whom the child would prefer to reside; (b) may order the division to conduct a reasonable search to determine whether there are relatives or friends who are willing and appropriate, in accordance with the requirements of this chapter, Chapter 2, Child Welfare Services, and Chapter 2a, Removal and Protective Custody of a Child, for placement of the child; (c) shall order the parents to cooperate with the division, within five working days, to provide information regarding relatives or friends who may be able and willing to care for the child; and (d) may order that the child be placed in the temporary custody of the division pending the determination under Subsection (6)(a). (7) (a) (i) Subject to Subsection (7)(b), and if the provisions of this section are satisfied, the division and the juvenile court shall give preferential consideration to a relative's or a friend's request for placement of the child, if the placement is in the best interest of the child. (ii) If a relative or friend verbally communicates to the division or court that the relative or friend is interested in becoming a placement for the child, the division or court shall make a written record of the communication and include that written record in the report the division submits at the initial dispositional hearing, a report the division submits under Section 80-3-408, or the court's legal file. (b) (i) (A) The preferential consideration that the juvenile court or division initially grants a friend under Subsection (7)(a)(i) expires 120 days after the day on which the shelter hearing occurs. (B) After the day on which the time period described in Subsection (7)(b)(i)(A) expires, the division or the juvenile court may not grant preferential consideration to a friend, who has not obtained custody or asserted an interest in the child. (ii) (A) Until eight months after the day on which the shelter hearing occurs, the preferential consideration that the juvenile court or division grants a relative under Subsection (7)(a)(i) is a rebuttable presumption that placement of the child with a relative is in the best interest of the child. (B) After the rebuttable presumption described in Subsection (7)(b)(ii)(A) expires, the juvenile court or division shall give preferential consideration to a relative's request for placement of the child, if the placement is in the best interest of the child considering the totality of the circumstances. (C) If a relative asserts an interest in becoming a placement for the child more than one year after the day on which the shelter hearing occurs, the juvenile court may not give the relative the preferential consideration described in Subsection (7)(b)(ii)(B). (c) The following order of preference shall be applied when determining the individual with whom a child will be placed, if the individual is willing and able to care for the child: (i) a noncustodial parent of the child; (ii) a relative of the child; (iii) subject to Subsection (7)(d), a friend if the friend is a licensed foster parent; and (iv) other placements that are consistent with the requirements of law. (d) In determining whether a friend is a willing, able, and appropriate placement for a child, the juvenile court or the division: (i) subject to Subsections (7)(d)(ii) through (iv), shall consider the child's preferences or level of comfort with the friend; (ii) is required to consider no more than one friend designated by each parent of the child and one friend designated by the child if the child is of sufficient maturity to articulate the child's wishes in relation to a placement; (iii) may limit the number of designated friends to two, one of whom shall be a friend designated by the child if the child is of sufficient maturity to articulate the child's wishes in relation to a placement; and (iv) shall give preference to a friend designated by the child if: (A) the child is of sufficient maturity to articulate the child's wishes; and (B) the basis for removing the child under Section 80-3-301 is sexual abuse of the child. (e) (i) If a parent of the child or the child, if the child is of sufficient maturity to articulate the child's wishes in relation to a placement, is not able to designate a friend who is a licensed foster parent for placement of the child, but is able to identify a friend who is willing to become licensed as a foster parent, the department shall fully cooperate to expedite the licensing process for the friend. (ii) If the friend described in Subsection (7)(e)(i) becomes licensed as a foster parent within the time frame described in Subsection (7)(b)(i), the juvenile court shall determine whether it is in the best interest of the child to place the child with the friend. (8) (a) If a relative or friend who is willing to cooperate with the child's permanency goal is identified under Subsection (6)(a), the juvenile court: (i) shall make a specific finding regarding: (A) the fitness of that relative or friend as a placement for the child; and (B) the safety and appropriateness of placement with the relative or friend; and (ii) may not consider a request for guardianship or adoption of the child by an individual who is not a relative of the child, or prevent the division from placing the child in the custody of a relative of the child in accordance with this part, until after the day on which the juvenile court makes the findings under Subsection (8)(a)(i). (b) In making the finding described in Subsection (8)(a), the juvenile court shall, at a minimum, order the division to: (i) if the child may be placed with a relative, conduct a background check that includes: (A) completion of a nonfingerprint-based, Utah Bureau of Criminal Identification background check of the relative; (B) a completed search, relating to the relative, of the Management Information System; and (C) a background check that complies with the criminal background check provisions described in Section 80-3-305, of each nonrelative of the child who resides in the household where the child may be placed; (ii) if the child will be placed with a noncustodial parent, complete a background check that includes: (A) the background check requirements applicable to an emergency placement with a noncustodial parent that are described in Subsections 80-2a-301(4) and (6); (B) a completed search, relating to the noncustodial parent of the child, of the Management Information System; and (C) a background check that complies with the criminal background check provisions described in Section 80-3-305, of each nonrelative of the child who resides in the household where the child may be placed; (iii) if the child may be placed with an individual other than a noncustodial parent or a relative, conduct a criminal background check of the individual, and each adult that resides in the household where the child may be placed, that complies with the criminal background check provisions described in Section 80-3-305; (iv) visit the relative's or friend's home; (v) check the Management Information System for any previous reports of abuse or neglect regarding the relative or friend at issue; (vi) report the division's findings in writing to the juvenile court; and (vii) provide sufficient information so that the juvenile court may determine whether: (A) the relative or friend has any history of abusive or neglectful behavior toward other children that may indicate or present a danger to this child; (B) the child is comfortable with the relative or friend; (C) the relative or friend recognizes the parent's history of abuse and is committed to protect the child; (D) the relative or friend is strong enough to resist inappropriate requests by the parent for access to the child, in accordance with court orders; (E) the relative or friend is committed to caring for the child as long as necessary; and (F) the relative or friend can provide a secure and stable environment for the child. (c) The division may determine to conduct, or the juvenile court may order the division to conduct, any further investigation regarding the safety and appropriateness of the placement described in Subsection (8)(a). (d) The division shall complete and file the division's assessment regarding placement with a relative or friend under Subsections (8)(a) and (b) as soon as practicable, in an effort to facilitate placement of the child with a relative or friend. (9) (a) The juvenile court may place a child described in Subsection (2)(a) in the temporary custody of the division, pending the division's investigation under Subsection (8), and the juvenile court's determination regarding the appropriateness of the placement. (b) The juvenile court shall ultimately base the juvenile court's determination regarding the appropriateness of a placement with a relative or friend on the best interest of the child. (10) If a juvenile court places a child described in Subsection (6) with the child's relative or friend: (a) the juvenile court shall: (i) order the relative or friend take custody, subject to the continuing supervision of the juvenile court; (ii) provide for reasonable parent-time with the parent or parents from whose custody the child is removed, unless parent-time is not in the best interest of the child; and (iii) conduct a periodic review no less often than every six months, to determine whether: (A) placement with a relative or friend continues to be in the child's best interest; (B) the child should be returned home; or (C) the child should be placed in the custody of the division; (b) the juvenile court may enter an order: (i) requiring the division to provide necessary services to the child and the child's relative or friend, including the monitoring of the child's safety and well-being; or (ii) that the juvenile court considers necessary for the protection and best interest of the child; and (c) the child and the relative or friend in whose custody the child is placed are under the continuing jurisdiction of the juvenile court. (11) No later than 12 months after the day on which the child is removed from the home, the juvenile court shall schedule a hearing for the purpose of entering a permanent order in accordance with the best interest of the child. (12) The time limitations described in Section 80-3-406, with regard to reunification efforts, apply to a child placed with a previously noncustodial parent under Subsection (2) or with a relative or friend under Subsection (6). (13) (a) If the juvenile court awards temporary custody of a child to the division, and the division places the child with a relative, the division shall: (i) conduct a criminal background check of the relative that complies with the criminal background check provisions described in Section 80-3-305; and (ii) if the results of the criminal background check described in Subsection (13)(a)(i) would prohibit the relative from having direct access to the child under Section 26B-2-120, the division shall: (A) take the child into physical custody; and (B) within three days, excluding weekends and holidays, after the day on which the child is taken into physical custody under Subsection (13)(a)(ii)(A), give written notice to the juvenile court, and all parties to the proceedings, of the division's action. (b) Subsection (13)(a) does not prohibit the division from placing a child with a relative, pending the results of the background check described in Subsection (13)(a) on the relative. (14) If the juvenile court orders that a child be removed from the custody of the child's parent and does not award custody and guardianship to another parent, relative, or friend under this section, the juvenile court shall order that the child be placed in the temporary custody of the division, to proceed to adjudication and disposition and to be provided with care and services in accordance with this chapter, Chapter 2, Child Welfare Services, and Chapter 2a, Removal and Protective Custody of a Child. (15) (a) If a child reenters the temporary custody or the custody of the division and the child is not placed with an individual who is a parent, relative, or friend, the division shall: (i) notify the child's former foster parents; and (ii) upon a determination of the former foster parents' willingness and ability to safely and appropriately care for the child, give the former foster parents preference for placement of the child. (b) If, after the shelter hearing, the child is placed with an individual who is not a parent, a relative, a friend, or a former foster parent of the child, priority shall be given to a foster placement with a married couple, unless it is in the best interests of the child to place the child with a single foster parent. (16) In determining the placement of a child, the juvenile court and the division may not take into account, or discriminate against, the religion of an individual with whom the child may be placed, unless the purpose of taking religion into account is to place the child with an individual or family of the same religion as the child. (17) If the juvenile court's decision differs from a child's express wishes if the child is of sufficient maturity to articulate the wishes in relation to the child's placement, the juvenile court shall make findings explaining why the juvenile court's decision differs from the child's wishes. (18) This section does not guarantee that an identified relative or friend will receive custody of the child. (19) (a) 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 may not finalize a non-relative placement unless the court gives due weight to: (i) the preferential consideration granted to a relative in Section 80-3-302; (ii) the rebuttable presumption in Section 80-3-302; and (iii) the division's placement authority under Subsections 80-1-102(52) and 80-3-303(1). (b) Nothing in this section affects the ability of a foster parent to petition the juvenile court under Subsection 80-3-502(3). Amended by Chapter 54, 2026 General Session

Utah Code § 80-3-303 Post-shelter hearing placement of a child in division's temporary custody.

80-3-303. Post-shelter hearing placement of a child in division's temporary custody. (1) If the juvenile court awards temporary custody of a child to the division under Section 80-3-302, or as otherwise permitted by law, the division shall determine ongoing placement of the child. (2) In placing a child under Subsection (1), the division: (a) except as provided in Subsections (2)(b) and (e), shall comply with the applicable background check provisions described in Section 80-3-302; (b) is not required to receive approval from the juvenile court before making the placement; (c) shall consider the preferential consideration and rebuttable presumption described in Subsection 80-3-302(7)(a); (d) shall, within three days, excluding weekends and holidays, after the day on which the placement is made, give written notice to the juvenile court, and the parties to the proceedings, that the placement has been made; (e) may place the child with a noncustodial parent, relative, or friend, using the same criteria established for an emergency placement under Section 80-2a-301, pending the results of: (i) the background check described in Subsection 80-3-302(13)(a); and (ii) evaluation with the noncustodial parent, relative, or friend to determine the individual's capacity to provide ongoing care to the child; and (f) shall take into consideration the will of the child, if the child is of sufficient maturity to articulate the child's wishes in relation to the child's placement. (3) If the division's placement decision differs from a child's express wishes and the child is of sufficient maturity to state the child's wishes in relation to the child's placement, the division shall: (a) make written findings explaining why the division's decision differs from the child's wishes; and (b) provide the written findings to the juvenile court and the child's attorney guardian ad litem. (4) (a) An objection by a party to a placement determination or an actual placement with a parent, relative, or friend that such placement is contrary to the best interest of the child shall be filed with the juvenile court. (b) An objection described in Subsection (4)(a) shall be resolved by the juvenile court: (i) for an objection to a placement determination or actual placement with a parent, within 15 days of the filing; or (ii) for an objection to a placement determination or actual placement with a relative or friend, within 30 days of the filing. (5) (a) 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 may not finalize a non-relative placement unless the court gives due weight to: (i) the preferential consideration granted to a relative in Section 80-3-302; (ii) the rebuttable presumption in Section 80-3-302; and (iii) the division's placement authority under Subsections 80-1-102(52) and 80-3-303(1). (b) Nothing in this section affects the ability of a foster parent to petition the juvenile court under Subsection 80-3-502(3). Amended by Chapter 54, 2026 General Session

Utah Code § 80-3-304 Second medical opinion in cases of alleged medical neglect.

80-3-304. Second medical opinion in cases of alleged medical neglect. (1) In cases of alleged medical neglect where the division seeks protective custody, temporary custody, or custody of the child based on the report or testimony of a physician, a parent or guardian shall have a reasonable amount of time, as determined by the juvenile court, to obtain a second medical opinion from another physician of the parent's or guardian's choosing who has expertise in the applicable field. (2) Unless there is an imminent risk of death or a deteriorating condition of the child's health, the child shall remain in the custody of the parent or guardian while the parent or guardian obtains a second medical opinion. (3) If the second medical opinion results in a different diagnosis or treatment recommendation from that of the opinion of the physician the division used, the juvenile court shall give deference to the second medical opinion as long as that opinion is reasonable and informed and is consistent with treatment that is regularly prescribed by medical experts in the applicable field. (4) Subsections (1) through (3) do not apply to emergency treatment or care when the child faces an immediate threat of death or serious and irreparable harm and when there is insufficient time to safely allow the parent or guardian to provide alternative necessary care and treatment of the parent's or guardian's choosing. Renumbered and Amended by Chapter 261, 2021 General Session

Utah Code § 80-3-305 Criminal background checks necessary before out-of-home placement of a child.

80-3-305. Criminal background checks necessary before out-of-home placement of a child. (1) Subject to Subsection (3), 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 division places a child in out-of-home care, the juvenile court shall require the completion of a nonfingerprint-based background check by the Utah Bureau of Criminal Identification regarding the proposed placement. (2) (a) Except as provided in Subsection (4), the division or the Office of Guardian Ad Litem may request, or the juvenile court upon the juvenile court's own motion, may order, the Department of Public Safety to conduct a complete Federal Bureau of Investigation criminal background check through the national criminal history system (NCIC). (b) (i) Except as provided in Subsection (4), upon request by the division or the Office of Guardian ad Litem, or upon the juvenile court's order, an individual subject to the requirements of Subsection (1) shall submit fingerprints and shall be subject to an FBI fingerprint background check. (ii) The child may be temporarily placed, pending the outcome of the background check described in Subsection (2)(b)(i). (c) (i) Except as provided in Subsection (2)(c)(ii), the cost of the investigations described in Subsection (2)(a) shall be borne by whoever is to receive placement of the child. (ii) The division may pay all or part of the cost of the investigations described in Subsection (2)(a). (3) Except as provided in Subsection (5), a child who is in the protective custody, temporary custody, or custody of the division may not be placed with a prospective foster parent or a prospective adoptive parent, unless, before the child is placed with the prospective foster parent or the prospective adoptive parent: (a) a fingerprint based FBI national criminal history records check is conducted on the prospective foster parent or prospective adoptive parent and any other adult residing in the household; (b) the department conducts a check of the abuse and neglect registry in each state where the prospective foster parent or prospective adoptive parent resided in the five years immediately before the day on which the prospective foster parent or prospective adoptive parent applied to be a foster parent or adoptive parent, to determine whether the prospective foster parent or prospective adoptive parent is listed in the registry as having a substantiated or supported finding of a severe type of abuse or neglect; (c) the department conducts a check of the abuse and neglect registry of each state where each adult living in the home of the prospective foster parent or prospective adoptive parent described in Subsection (3)(b) resided in the five years immediately before the day on which the prospective foster parent or prospective adoptive parent applied to be a foster parent or adoptive parent, to determine whether the adult is listed in the registry as having a substantiated or supported finding of a severe type of abuse or neglect; and (d) each individual required to undergo a background check described in this Subsection (3) passes the background check, in accordance with the provisions of Section 26B-2-120. (4) Subsections (2)(a) and (b) do not apply to a child who is placed with a noncustodial parent or relative under Section 80-2a-301, 80-3-302, or 80-3-303, unless the juvenile court finds that compliance with Subsection (2)(a) or (b) is necessary to ensure the safety of the child. (5) The requirements under Subsection (3) do not apply to the extent that: (a) federal law or rule permits otherwise; or (b) the requirements would prohibit the division or a juvenile court from placing a child with: (i) a noncustodial parent, under Section 80-2a-301, 80-3-302, or 80-3-303; or (ii) a relative, under Section 80-2a-301, 80-3-302, or 80-3-303, pending completion of the background check described in Subsection (3). Amended by Chapter 330, 2023 General Session

Utah Code § 80-3-306 Outstanding arrest warrant check before return of custody.

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 determine whether the parent or guardian has an outstanding felony arrest warrant in any state where the parent or guardian has resided or in any state where an immediate family member of the parent or guardian resides. (2) The division shall file the results of the felony arrest warrant check with the juvenile court. (3) (a) If the parent or guardian of a child who is in protective custody, temporary custody, or custody of the division has an outstanding arrest warrant in any state, the juvenile court may deny the return of the child to the custody of the parent or guardian. (b) When making a determination described in Subsection (3)(a), the juvenile court shall consider the best interest of the child. Renumbered and Amended by Chapter 261, 2021 General Session

Utah Code § 80-3-307 Child and family plan developed by division -- Parent-time and relative visitation.

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) (a) The division may use an interdisciplinary team approach in developing a child and family plan. (b) The interdisciplinary team described in Subsection (2)(a) may include representatives from the following fields: (i) mental health; (ii) education; or (iii) if appropriate, law enforcement. (3) (a) The division shall involve all of the following in the development of a child's child and family plan: (i) both of the child's parents, unless the whereabouts of a parent are unknown; (ii) the child; (iii) the child's foster parents; and (iv) if appropriate, the child's stepparent. (b) Subsection (3)(a) does not prohibit any other party not listed in Subsection (3)(a) or a party's counsel from being involved in the development of a child's child and family plan if the party or counsel's participation is otherwise permitted by law. (c) In relation to all information considered by the division in developing a child and family plan, the division shall give additional weight and attention to the input of the child's natural and foster parents upon the involvement of the child's natural and foster parents under Subsections (3)(a)(i) and (iii). (d) (i) The division shall make a substantial effort to develop a child and family plan with which the child's parents agree. (ii) If a parent does not agree with a child and family plan: (A) the division shall strive to resolve the disagreement between the division and the parent; and (B) if the disagreement is not resolved, the division shall inform the court of the disagreement. (4) A copy of the child and family plan shall, immediately upon completion, or as soon as reasonably possible thereafter, be provided to: (a) the guardian ad litem; (b) the child's parents; and (c) the child's foster parents. (5) A child and family plan shall: (a) specifically provide for the safety of the child, in accordance with federal law; (b) clearly define what actions or precautions will, or may be, necessary to provide for the health, safety, protection, and welfare of the child; (c) be specific to each child and the child's family, rather than general; (d) include individualized expectations and contain specific time frames; (e) except as provided in Subsection (6), address problems that: (i) keep a child in the child's placement; and (ii) keep a child from achieving permanence in the child's life; (f) be designed to: (i) minimize disruption to the normal activities of the child's family, including employment and school; and (ii) as much as practicable, help the child's parent maintain or obtain employment; and (g) set forth, with specificity, at least the following: (i) the reason the child entered into protective custody or the division's temporary custody or custody; (ii) documentation of: (A) the reasonable efforts made to prevent placement of the child in protective custody or the division's temporary custody or custody; or (B) the emergency situation that existed and that prevented the reasonable efforts described in Subsection (5)(g)(ii)(A), from being made; (iii) the primary permanency plan for the child, as described in Section 80-3-406, and the reason for selection of the plan; (iv) the concurrent permanency plan for the child, as described in Section 80-3-406, and the reason for the selection of the plan; (v) if the plan is for the child to return to the child's family: (A) specifically what the parents must do in order to enable the child to be returned home; (B) specifically how the requirements described in Subsection (5)(g)(v)(A) may be accomplished; and (C) how the requirements described in Subsection (5)(g)(v)(A) will be measured; (vi) the specific services needed to reduce the problems that necessitated placing the child in protective custody or the division's temporary custody or custody; (vii) the name of the individual who will provide for and be responsible for case management for the division; (viii) subject to Subsection (10), a parent-time schedule between the parent and the child; (ix) subject to Subsection (7), the health and mental health care to be provided to address any known or diagnosed mental health needs of the child; (x) if residential treatment rather than a foster home is the proposed placement, a requirement for a specialized assessment of the child's health needs including an assessment of mental illness and behavior and conduct disorders; (xi) social summaries that include case history information pertinent to case planning; and (xii) subject to Subsection (12), a sibling visitation schedule. (6) For purposes of Subsection (5)(e), a child and family plan may only include requirements that: (a) address findings made by the court; or (b) (i) are requested or consented to by a parent or guardian of the child; and (ii) are agreed to by the division and the guardian ad litem. (7) (a) Subject to Subsection (7)(b), in addition to the information required under Subsection (5)(g)(ix), a child and family plan shall include a specialized assessment of the medical and mental health needs of a child, if the child: (i) is placed in residential treatment; and (ii) has medical or mental health issues that need to be addressed. (b) Notwithstanding Subsection (7)(a), a parent shall retain the right to seek a separate medical or mental health diagnosis of the parent's child from a licensed practitioner of the parent's choice. (8) (a) The division shall train the division's employees to develop child and family plans that comply with: (i) federal mandates; and (ii) the specific needs of the particular child and the child's family. (b) The child's natural parents, foster parents, and if appropriate, stepparents, shall be kept informed of and supported to participate in important meetings and procedures related to the child's placement. (9) If the division documents to the court that there is a compelling reason that adoption, reunification, guardianship, and a placement described in Subsection 80-3-301(6)(e) are not in the child's best interest, the court may order another planned permanent living arrangement in accordance with federal law. (10) (a) Except as provided in Subsection (10)(b), parent-time may only be denied by a court order issued in accordance with Subsection 80-3-406(9). (b) Notwithstanding Subsection (10)(a), the person designated by the division or a court to supervise a parent-time session may deny parent-time for the session if the supervising person determines that, based on the parent's condition, it is necessary to deny parent-time to: (i) protect the physical safety of the child; (ii) protect the life of the child; or (iii) consistent with Subsection (10)(c), prevent the child from being traumatized by contact with the parent. (c) In determining whether the condition of the parent described in Subsection (10)(b) will traumatize a child, the person supervising the parent-time session shall consider the impact that the parent's condition will have on the child in light of: (i) the child's fear of the parent; and (ii) the nature of the alleged abuse or neglect. (11) If a child is in the division's temporary custody or custody, the division shall consider visitation with the child's grandparent if: (a) the division determines the visitation to be in the best interest of the child; (b) there are no safety concerns regarding the behavior or criminal background of the grandparent; (c) allowing the grandparent visitation would not compete with or undermine the child's reunification plan; (d) there is a substantial relationship between the grandparent and child; and (e) the grandparent visitation will not unduly burden the foster parents. (12) (a) The division shall incorporate into the child and family plan reasonable efforts to provide sibling visitation if: (i) siblings are separated due to foster care or adoptive placement; (ii) the sibling visitation is in the best interest of the child for whom the child and family plan is developed; and (iii) the division has consent for sibling visitation from the guardian of the sibling. (b) The division shall obtain consent for sibling visitation from the sibling's guardian if the criteria of Subsections (12)(a)(i) and (ii) are met. Amended by Chapter 426, 2025 General Session

Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title80/Chapter3/80-3-P3.html?v=C80-3-P3_2021050520210901Fetched: 10/26/2026