80-3-402. Adjudication hearing -- Dispositional hearing time deadlines -- Scheduling of review and permanency hearing.

428 words·~2 min read·/ut/title-80/chapter-3/80-3-402

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Effective 5/3/2023

(1)If, at the adjudication hearing, the juvenile court finds, by clear and convincing evidence, that the allegations contained in the abuse, neglect, or dependency petition are true, the juvenile court shall conduct a dispositional hearing.

(a)If, at the adjudication hearing, a child remains in an out-of-home placement, the juvenile court shall:

(i)make specific findings regarding the conditions of parent-time that are in the child's best interest; and

(ii)if parent-time is denied, state the facts that justify the denial.

(b)Parent-time shall be under the least restrictive conditions necessary to:

(i)protect the physical safety of the child; or

(ii)prevent the child from being traumatized by contact with the parent due to the child's fear of the parent in light of the nature of the alleged abuse or neglect.

(i)The division or the person designated by the division or a court to supervise a parent-time session may deny parent-time for the session if the division or the supervising person determines that, based on the parent's condition, it is necessary to deny parent-time to:

(A)protect the physical safety of the child;

(B)protect the life of the child; or

(C)consistent with Subsection (2)(c)(ii) , prevent the child from being traumatized by contact with the parent.

(ii)In determining whether the condition of the parent described in Subsection (2)(c)(i) will traumatize a child, the division or the person supervising the parent-time session shall consider the impact that the parent's condition will have on the child in light of:

(A)the child's fear of the parent; and

(B)the nature of the alleged abuse or neglect.

(3)The dispositional hearing may be held on the same date as the adjudication hearing, but shall be held no later than 30 calendar days after the day on which the adjudication hearing is held.

(4)At the adjudication hearing or the dispositional hearing, the juvenile court shall schedule dates and times for:

(a)the six-month periodic review; and

(b)the permanency hearing.

(5)If an abuse, neglect, or dependency petition is filed under this chapter and a petition for termination of parental rights is filed under Section 80-4-201 , before the day on which a dispositional hearing is held on the abuse, neglect, or dependency petition, a party may request a hearing on whether reunification services are appropriate in accordance with the factors described in Subsections 80-3-406(5) and

(7).

Amended by Chapter 320 , 2023 General Session