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Utah Code Title 80. Utah Juvenile Code § 80-4-301. Grounds for termination of parental rights--Findings regarding reasonable efforts by division

Current as of January 01, 2025 | Updated by Findlaw Staff

(1) Subject to the protections and requirements of Section 80-4-104, and if, based on the totality of the circumstances, the juvenile court finds termination of parental rights, from the child's point of view, is strictly necessary to promote the child's best interest, the juvenile court may terminate all parental rights with respect to the parent if the juvenile court finds:

(a) the parent has abandoned the child;

(b) the parent has neglected or abused the child;

(c) the parent is unfit or incompetent;

(d)(i) the parent was convicted of a sexual offense, as defined in Section 77-37-2, or a comparable offense under the laws of the state where the offense occurred, against the other parent of the child;

(ii) the offense resulted in the conception of the child; and

(iii) termination is in the best interest of the child;

(e)(i) the child is being cared for in an out-of-home placement under the supervision of the juvenile court or the division;

(ii) the parent has substantially neglected, willfully refused, or has been unable or unwilling to remedy the circumstances that cause the child to be in an out-of-home placement; and

(iii) there is a substantial likelihood that the parent will not be capable of exercising proper and effective parental care in the near future;

(f) failure of parental adjustment, as defined in this chapter;

(g) only token efforts have been made by the parent:

(i) to support or communicate with the child;

(ii) to prevent neglect of the child;

(iii) to eliminate the risk of serious harm to the child; or

(iv) to avoid being an unfit parent;

(h)(i) the parent has voluntarily relinquished the parent's parental rights to the child; and

(ii) termination is in the child's best interest;

(i) after a period of trial during which the child was returned to live in the child's own home, the parent substantially and continuously or repeatedly refused or failed to give the child proper parental care and protection; or

(j) the terms and conditions of safe relinquishment of a newborn child have been complied with as described in Part 5, Safe Relinquishment of a Newborn Child.

(2) When determining whether termination of parental rights is strictly necessary to promote the child's best interest, the court shall:

(a) undertake the analysis from the child's point of view;

(b) focus on finding the outcome that best secures the child's well-being;

(c) include, as applicable, the considerations described in Sections 80-4-303 and 80-4-304; and

(d) explore whether other feasible options exist that could address the specific problems or issues facing the family, short of imposing the ultimate remedy of terminating the parent's rights.

(3) The juvenile court may not terminate the parental rights of a parent because the parent has failed to complete the requirements of a child and family plan.

(4)(a) Except as provided in Subsection (4)(b), in any case in which the juvenile court has directed the division to provide reunification services to a parent, the juvenile court must find that the division made reasonable efforts to provide those services before the juvenile court may terminate the parent's rights under Subsection (1)(b), (c), (e), (f), (g), or (i).

(b) Notwithstanding Subsection (4)(a), the juvenile court is not required to make the finding under Subsection (4)(a) before terminating a parent's rights:

(i) under Subsection (1)(b), if the juvenile court finds that the abuse or neglect occurred subsequent to adjudication; or

(ii) if reasonable efforts to provide the services described in Subsection (4)(a) are not required under federal law, and federal law is not inconsistent with Utah law.

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Cite this article: FindLaw.com - Utah Code Title 80. Utah Juvenile Code § 80-4-301. Grounds for termination of parental rights--Findings regarding reasonable efforts by division - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-80-utah-juvenile-code/ut-code-sect-80-4-301/

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