80-3-505. Petition for special findings for at-risk noncitizen child.

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Effective 5/3/2023

(1)As used in this section:

(a)"At-risk" means there is reasonable cause to suspect that:

(i)a noncitizen child's health, safety, and welfare is, or has been, in jeopardy due to abuse, neglect, abandonment, or similar circumstances; and

(ii)the return of the noncitizen child to the noncitizen child's, or the noncitizen child's parent's, country of origin or country of last habitual residence is not in the best interest of the noncitizen child.

(b)"Noncitizen child" means an unmarried individual:

(i)who is younger than 21 years old; and

(ii)who is not a citizen of the United States.

(c)"Dependent on the court" means subject to the jurisdiction of the juvenile or district court to make decisions concerning the protection, well-being, care, and custody of a noncitizen child for findings, orders, or referrals to:

(i)support the health, safety, and welfare of the noncitizen child; or

(ii)remedy the effects on the noncitizen child of abuse, neglect, abandonment, or similar circumstances.

(d)"Similar circumstances" means a condition or conditions that have an effect on a noncitizen child comparable to abuse, neglect, or abandonment, including the death of a parent.

(2)A noncitizen child who is at-risk may petition the juvenile court for special findings regarding the abuse, neglect, abandonment, or similar circumstances of the noncitizen child.

(3)Upon reviewing a petition under Subsection

(2)and any supporting evidence, the juvenile court shall enter an order with special findings that determine whether:

(a)the noncitizen child:

(i)is dependent on the court;

(ii)is in the custody of the division or another appropriate person by order of the juvenile court; or

(iii)has been appointed a guardian by a court;

(b)the noncitizen child has suffered from abuse, neglect, abandonment, or similar circumstances;

(c)the noncitizen child may not be viably reunified with one or both of the noncitizen child's parents due to abuse, neglect, abandonment, or similar circumstances; and

(d)the noncitizen child may not be returned to the noncitizen child's, or the noncitizen child's parent's, country of origin or country of last habitual residence because it is not in the best interest of the child.

(4)In determining the best interest of the noncitizen child under Subsection (3)(d) , the court shall consider:

(a)the health, safety, and welfare of the child to be the paramount concern for the noncitizen child; and

(b)whether the present and past living conditions will adversely affect the noncitizen child's physical, mental, or emotional health.

(5)If the identity or location of the noncitizen child's parents is unknown or if the noncitizen child's parents reside outside the United States, the juvenile court may serve notice using any alternative method of service the court determines is appropriate or waive service.

(6)The juvenile court shall hear, adjudicate, and issue findings of fact on any petition for special findings under this section as soon as it is administratively feasible and before the noncitizen child is 21 years old.

(a)The juvenile court may refer a noncitizen child who is the subject of a petition for special findings under this section for psychiatric, psychological, educational, occupational, medical, dental, or social services or for protection against human trafficking or domestic violence.

(b)A noncitizen child's participation in a referred service under Subsection (7)(a) is voluntary.

(8)This section does not:

(a)limit a noncitizen child from petitioning for special findings under any other provision of law or from any other rights and remedies available to the child under any other provision of law;

(b)limit the juvenile court from issuing similar findings of fact for a noncitizen child in any other proceeding concerning the noncitizen child; or

(c)constitute an adjudication for abuse, neglect, or dependency under this chapter.

Enacted by Chapter 264 , 2023 General Session