80-2a-302. Reasonable efforts to maintain a child in the home -- Exception -- Reasonable efforts for reunification.
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Effective 9/1/2022
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 division shall:
(a)if possible and appropriate, without danger to the child's welfare, make reasonable efforts to prevent or eliminate the need for removal of a child from the child's home before the day on which the child is placed in substitute care;
(b)determine whether there is substantial cause to believe that a child has been or is in danger of abuse or neglect, in accordance with the guidelines described in Chapter 3, Abuse, Neglect, and Dependency Proceedings , before removing the child from the child's home; and
(c)if possible and appropriate, and in accordance with the limitations and requirements of Sections 80-3-406 and 80-3-409 , make reasonable efforts to make it possible for a child in substitute care to return to the child's home.
(a)In determining the reasonableness of efforts needed to maintain a child in the child's home or to return a child to the child's home, in accordance with Subsection (1)(a) or
(c), the child's health, safety, and welfare shall be the paramount concern.
(b)The division shall consider whether the efforts described in Subsections
(1)and
(2)are likely to prevent abuse or continued neglect of the child.
(3)If removal and placement in substitute care is necessary to protect a child, the efforts described in Subsections
(1)and
(2):
(a)are not reasonable or appropriate; and
(b)should not be utilized.
(4)Subject to Subsection
(5), in cases where sexual abuse, sexual exploitation, abandonment, severe abuse, or severe neglect are involved, the state has no duty to make reasonable efforts to, in any way, attempt to:
(a)maintain a child in the child's home;
(b)provide reunification services; or
(c)rehabilitate the offending parent or parents.
(5)Subsection
(4)does not exempt the division from providing court ordered services.
Renumbered and Amended by Chapter 334 , 2022 General Session