Current Through April 2016

Circumstances That Constitute Witnessing

Citation: Ann. Code § 76-5-109.1In criminal law: The term ‘in the presence of a child’ means:

• In the physical presence of a child
• Having knowledge that a child is present and may see or hear an act of domestic violence

Consequences

Citation: Ann. Code § 76-5-109.1A person commits domestic violence in the presence of a child if the person:

• Commits or attempts to commit criminal homicide against a cohabitant in the presence of a child
• Intentionally causes serious bodily injury to a cohabitant or uses a dangerous weapon or other means or force likely to produce death or serious bodily injury against a cohabitant in the presence of a child
• Under circumstances not amounting to criminal homicide or serious bodily injury as described above, commits an act of domestic violence in the presence of a child

A person who violates either of the first two subsections is guilty of a third-degree felony. A person who commits domestic violence in the presence of a child is guilty of a Class B misdemeanor.

A charge under this section is separate and distinct from, and is in addition to, a charge of domestic violence where the victim is the cohabitant. Either or both charges may be filed by the prosecutor.

A person who commits a violation of this section when more than one child is present is guilty of one offense of domestic violence in the presence of a child regarding each child present when the violation occurred.

Current Through February 2016

Physical Abuse

Citation: Ann. Code § 78A-6-105‘Abuse’ means:

• Nonaccidental harm of a child
• Threatened harm of a child
• Sexual exploitation
• Sexual abuse
• Human trafficking of a child in violation of § 76-5-308.5
• That a child’s natural parent:
  • Intentionally, knowingly, or recklessly causes the death of another parent of the child
  • 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
  • Is being prosecuted for or has been convicted of intentionally, knowingly, or recklessly causing the death of another parent of the child

‘Abused child’ means a child who has been subjected to abuse.

‘Harm’ means:

• Physical or developmental injury or damage
• Sexual abuse or sexual exploitation

‘Physical abuse’ means abuse that results in physical injury or damage to a child.

‘Severe abuse’ means abuse that causes or threatens to cause serious harm to a child.

Neglect

Citation: Ann. Code § 78A-6-105‘Neglect’ means:

• Lack of proper parental care of a child by reason of the fault or habits of the parent, guardian, or custodian
• Failure or refusal of a parent, guardian, or custodian to provide proper or necessary subsistence, education, or medical care, or any other care necessary for the child’s health, safety, morals, or well-being
• A child at risk of being neglected or abused because another child in the same home is neglected or abused

‘Neglected child’ means a child who has been subjected to neglect.

‘Severe neglect’ means neglect that causes or threatens to cause serious harm to a child.

Sexual Abuse/Exploitation

Citation: Ann. Code § 78A-6-105‘Sexual abuse’ means:

• An act or attempted act by an adult of sexual intercourse, sodomy, incest, or molestation directed toward a child
• An act or attempted act of sexual intercourse, sodomy, incest, or molestation committed by a child towards another child if:
  • There is an indication of force or coercion.
  • The children are related.
  • There have been repeated incidents of sexual contact between the two children, unless the children are age 14 or older.
  • There is a disparity in chronological age of 4 or more years between the two children.
• Engaging in any conduct with a child that would constitute an offense under any of the following terms, regardless of whether the person who engages in the conduct is actually charged with or convicted of the offense:
  • Any sexual offense
  • Child bigamy
  • Incest
  • Lewdness or sexual battery
  • Lewdness involving a child
  • Voyeurism

‘Sexual exploitation’ means knowingly:

• Employing, using, persuading, inducing, enticing, or coercing any child to:
  • Pose in the nude for the purpose of sexual arousal of any person
  • Engage in any sexual or simulated sexual conduct for the purpose of photographing, filming, recording, or displaying in any way the sexual or simulated sexual conduct
• Displaying, distributing, possessing for the purpose of distribution, or selling material depicting a child:
  • In the nude, for the purpose of sexual arousal of any person
  • Engaging in sexual or simulated sexual conduct
• Engaging in conduct that would constitute an offense under § 76-5b-201, Sexual Exploitation of Children, regardless of whether the person who engages in the conduct is actually charged with or convicted of the offense

‘Incest’ means engaging in sexual intercourse with a person whom the perpetrator knows to be his or her ancestor, descendant, brother, sister, uncle, aunt, nephew, niece, or first cousin, including a stepparent and stepchild while the marriage creating the relationship exists.

‘Molestation’ means that a person, with the intent to arouse or gratify the sexual desire of any person:

• Touches the anus or any part of the genitals of a child
• Takes indecent liberties with a child
• Causes a child to take indecent liberties with the perpetrator or another

Emotional Abuse

Citation: Ann. Code § 78A-6-105‘Harm’ includes emotional damage that results in a serious impairment in the child’s growth, development, behavior, or psychological functioning.

‘Mental disorder’ means a serious emotional and mental disturbance that severely limits a minor’s development and welfare over a significant period of time.

Abandonment

Citation: Ann. Code § 78A-6-105
The term ‘neglect’ includes abandonment of a child, except as provided in Title 62A, Chapter 4a, Part 8, Safe Relinquishment of a Newborn Child.

Standards for Reporting

Citation: Ann. Code § 62A-4a-403
A report is required when a mandatory reporter has reason to believe that a child has been subjected to abuse or neglect or observes a child being subjected to conditions or circumstances that would reasonably result in abuse or neglect.

Persons Responsible for the Child

Citation: Ann. Code § 62A-4a-402‘A person responsible for a child’s care’ means the child’s parent, guardian, or other person responsible for the child’s care, whether in the same home as the child; a relative’s home; a group, family, or center daycare facility; a foster care home; or a residential institution.

Exceptions

Citation: Ann. Code § 78A-6-105The term ‘abuse’ does not include:

• Reasonable discipline or management of a child, including withholding privileges
• The use of reasonable and necessary physical restraint or force on a child in self-defense, in defense of others, to protect the child, or to remove a weapon in the possession of a child in self-defense or defense of others

A parent or guardian legitimately practicing religious beliefs and who, for that reason, does not provide specified medical treatment for a child is not guilty of neglect. A health-care decision made for a child by the child’s parent or guardian does not constitute neglect unless the State or other party to the proceeding shows by clear and convincing evidence that the health-care decision is not reasonable and informed. Nothing in this subsection may prohibit a parent or guardian from exercising the right to obtain a second health-care opinion.

Current Through August 2013

Defined in Domestic Violence Civil Laws

Citation: Ann. Code § 78B-7-102‘Abuse’ means intentionally or knowingly causing or attempting to cause a cohabitant physical harm or intentionally or knowingly placing a cohabitant in reasonable fear of imminent physical harm.

‘Domestic violence’ means the same as that term is defined in § 77-36-1.

Defined in Child Abuse Reporting and Child Protection Laws

Citation:This issue is not addressed in the statutes reviewed.

Defined in Criminal Laws

Citation: Ann. Code § 77-36-1‘Domestic violence’ means any criminal offense involving violence or physical harm or threat of violence or physical harm or any attempt, conspiracy, or solicitation to commit a criminal offense involving violence or physical harm when committed by one cohabitant against another. ‘Domestic violence’ also means commission or attempt to commit any of the following offenses by one cohabitant against another:

• Assault or aggravated assault
• Criminal homicide
• Harassment
• Electronic communication harassment
• Kidnapping, child kidnapping, or aggravated kidnapping
• Mayhem
• Sexual offenses, as described in title 76, chapter 5, part 4, Sexual Offenses, and § 76-5b-201, Sexual Exploitation of a Minor
• Stalking
• Unlawful detention or unlawful detention of a minor
• Violation of a protective order or ex parte protective order
• Any offense against property, including property destruction, burglary, criminal trespass, or robbery
• Possession of a deadly weapon with intent to assault
• Discharge of a firearm from a vehicle, near a highway, or in the direction of any person, building, or vehicle
• Disorderly conduct
• Child abuse, as described in § 76-5-109.1

Persons Included in the Definition

Citation: Ann. Code §§ 77-36-1; 78B-7-102In criminal law: ‘Cohabitant’ has the same meaning as in § 78B-7-102.

In civil law: ‘Cohabitant’ means an emancipated person, pursuant to § 15-2-1, or a person who is age 16 or older who:

• Is or was a spouse of the other party
• Is or was living as if a spouse of the other party
• Is related by blood or marriage to the other party
• Has or had one or more children in common with the other party
• Is the biological parent of the other party’s unborn child
• Resides or has resided in the same residence as the other party

‘Cohabitant’ does not include:

• The relationship of natural parent, adoptive parent, or stepparent to a minor
• The relationship between natural, adoptive, step, or foster siblings who are under age18

Current Through June 2013

Confidentiality of Records

Citation: Ann. Code § 62A-4a-412Except as otherwise provided in this chapter, reports made pursuant to this part, as well as any other information in the possession of the division obtained as the result of a report, are private, protected, or controlled records.

Persons or Entities Allowed Access to Records

Citation: Ann. Code §§§ 62A-4a-412; 63G-2-202(10)The reports may only be made available to:

• A police or law enforcement agency investigating a report
• A physician who reasonably believes that a child may be abused or neglected
• An agency that has responsibility or authority to care for, treat, or supervise a child who is the subject of a report
• A provider that has a written contract with the division to render services to a child who is the subject of a report
• Except as provided in § 63G-2-202, any subject of the report, the natural parents of the child, and the guardian ad litem
• A court when it is necessary for the determination of an issue before it
• An office of the public prosecutor or its deputies in performing an official duty
• A person authorized by a Children’s Justice Center
• A person engaged in bona fide research
• Any person identified in the report as a perpetrator or possible perpetrator of abuse or neglect
• Except as provided in § 63G-2-202, a person filing a petition for a child protective order on behalf of a minor who is the subject of the report
• A licensed child-placing agency or person who is performing a preplacement adoptive evaluation

When the division makes a report or other information available to a subject of the report or a parent of a child, the division shall remove from the report only the names, addresses, and telephone numbers of individuals or specific information that could:

• Identify the referent
• Impede a criminal investigation
• Endanger a person’s safety

As provided by § 63G-2-202, a record contained in the Management Information System, created in § 62A-4a-1003 [to contain child abuse and neglect records], that is found to be unsubstantiated, unsupported, or without merit may not be disclosed to any person except the person who is alleged in the report to be a perpetrator of abuse, neglect, or dependency.

When Public Disclosure of Records is Allowed

This issue is not addressed in the statutes reviewed.

Use of Records for Employment Screening

Citation: Ann. Code § 62A-4a-412Reports and records may be made available to the State Office of Education, acting on behalf of itself or on behalf of a school district, for the purpose of evaluating whether an individual should be permitted to obtain or retain a license as an educator or serve as an employee or volunteer in a school. This disclosure is limited to information with substantiated findings involving an alleged sexual offense, an alleged felony or class A misdemeanor drug offense, or any alleged offense against the person. The office must provide the subject of a report with an opportunity to respond to the report before making a decision concerning licensure or employment.

Current Through March 2015

Citation: Ann. Code § 62A-4a-410(4)

Immunity is not lost under § 62A-4a-410 if the person, official, or institution:

• Failed to disclose evidence because the person, official, or institution is prohibited by law from disclosing the evidence
• Pursuant to the provisions of 45 Code of Federal Regulation 164.502(g)(5) [pertaining to the disclosure of protected health information], refused to disclose evidence to a person who requested the evidence
• After refusing to disclose the evidence described above, complied with or responded to a valid court order or valid subpoena received by the person, official, or institution to disclose the evidence

Citation: Ann. Code § 62A-4a-410(1)-(3)

Except as provided below, any person, official, or institution participating in good faith in making a report, taking photographs or x-rays, assisting an investigator from the division, serving as a member of a child protection team, or taking a child into protective custody pursuant to this part, is immune from any liability, civil or criminal, that otherwise might result by reason of those actions.

This section does not provide immunity with respect to acts or omissions of a governmental employee except as provided in Title 63G, Chapter 7, Governmental Immunity Act of Utah.

The immunity described above does not apply if the person, official, or institution:

• Acted or failed to act through fraud or willful misconduct
• Intentionally or knowingly gave, upon a lawful oath or in any form allowed by law as a substitute for an oath, false testimony material to the issue or matter of inquiry in a judicial or administrative proceeding
• Intentionally or knowingly fabricated evidence or, except as provided in § 62A-4a-410(4), with a conscious disregard for the rights of others, failed to disclose evidence that:
  • Was known to the person, official, or institution
  • Was known by the person, official, or institution to be relevant to a material issue or matter of inquiry in a pending judicial or administrative proceeding if the person, official, or institution knew of the pending judicial or administrative proceeding
  • Was known by the person, official, or institution to be relevant to a material issue or matter of inquiry in a judicial or administrative proceeding, if disclosure of the evidence was requested of the employee by a party to the proceeding or counsel for a party to the proceeding

Current Through February 2013

Individual Responsibility to Report

Citation: Ann. Code §§ 62A-4a-403; 62A-4a-408When a mandated reporter has reason to believe that a child has been subjected to abuse or neglect, or who observes a child being subjected to conditions or circumstances that would reasonably result in abuse or neglect, he or she shall immediately notify a peace officer, a law enforcement agency, or the Division of Child and Family Services.

Content of Reports

Citation: Ann. Code § 62A-4a-403The report shall include the reporter’s observations of the conditions or circumstances of the child that led to the suspicion that the child was being abused or neglected.

Reporting Suspicious Deaths

Citation: Ann. Code § 62A-4a-405Any person who has reason to believe that a child has died as a result of abuse or neglect shall report that fact to:

• The local law enforcement agency, who shall report to the county attorney or district attorney
• The appropriate medical examiner

The medical examiner shall investigate and report his or her findings to the police, the appropriate county attorney or district attorney, the Attorney General’s Office, the division, and if the institution making the report is a hospital, to that hospital.

Reporting Substance-Exposed Infants

Citation: Ann. Code § 62A-4a-404When an individual, including a licensee under the Medical Practice Act or the Nurse Practice Act, attends the birth of a child or cares for a child, and determines that the child, at the time of birth, has fetal alcohol syndrome, fetal alcohol spectrum disorder, or fetal drug dependency, he or she shall report that determination to the division as soon as possible.

Agency Receiving the Reports

Citation: Admin. Code R512-200-3The division will maintain a system for receiving referrals or reports about child abuse, neglect, or dependency. The system shall supply workers with a complete previous division history for each child, including siblings, foster care episodes, all reports of abuse, neglect, or dependency, treatment plans, and casework deadlines.

Initial Screening Decisions

Citation: Ann. Code § 62A-4a-409; Admin. Code R512-200-3The division shall make a thorough preremoval investigation upon receiving either an oral or written report of alleged abuse, neglect, fetal alcohol syndrome, or fetal drug dependency, when there is reasonable cause to suspect that a situation of abuse, neglect, fetal alcohol syndrome, or fetal drug dependency exists. The primary purpose of the investigation shall be protection of the child.

In regulation: Child and Family Services establishes Child Protective Services (CPS) priority timeframes as follows:

• A Priority 1 response shall be assigned when the child referred is in need of immediate protection.
• A Priority 2 response shall be assigned when physical evidence is at risk of being lost or the child is at risk of further abuse, neglect, or dependency, but the child does not have immediate protection and safety needs, as determined by the intake checklist.
• A Priority 3 response shall be assigned when potential for further harm to the child and the loss of physical evidence is low.

Agency Conducting the Assessment/Investigation

Citation: Ann. Code § 62A-4a-409The division shall use an interdisciplinary approach, when appropriate, in dealing with reports of abuse or neglect. For this purpose, the division shall convene appropriate interdisciplinary ‘child protection teams’ to assist it in its protective, diagnostic, assessment, treatment, and coordination services. A representative of the division shall serve as the team’s coordinator and chair. Whenever possible, the team shall include representatives of:

• Health, mental health, education, and law enforcement agencies
• The child
• The parent and family support groups unless the parent is alleged to be the perpetrator
• Other appropriate agencies or individuals

If a report of neglect is based upon or includes an allegation of educational neglect, the division shall immediately consult with school authorities to verify the child’s status.With regard to cases in which law enforcement has or is conducting an investigation of alleged abuse or neglect of a child:

• The division shall coordinate with law enforcement to ensure that there is an adequate safety plan to protect the child from further abuse or neglect.
• The division is not required to duplicate an aspect of the investigation that, in the division’s determination, has been satisfactorily completed by law enforcement.

Assessment/Investigation Procedures

Citation: Ann. Code § 62A-4a-202.3The division’s investigation shall conform to reasonable professional standards and shall include:

• A search for and review of any records of past reports of abuse or neglect involving the same child, any sibling or other child residing in the same household as the child, and the alleged perpetrator
• With regard to a child who is age 5 or older, a personal interview with the child outside of the presence of the alleged perpetrator
• If a parent or guardian can be located, an interview with at least one of the child’s parents or guardian
• An interview with the person who reported the abuse unless the report was made anonymously
• When possible and appropriate, interviews with other third parties who have had direct contact with the child, including school personnel and the child’s health-care provider
• An unscheduled visit to the child’s home unless:
  • There is a reasonable basis to believe that the reported abuse was committed by a person who is not the child’s parent and does not live in the child’s home or otherwise have access to the child in the child’s home.
  • An unscheduled visit is not necessary to obtain evidence for the investigation.
• If appropriate and indicated in any case alleging physical injury, sexual abuse, or failure to meet the child’s medical needs, a medical examination, obtained no later than 24 hours after the child is placed in protective custody

Timeframes for Completing Investigations

Citation: Admin. Code R512-200-3CPS shall respond to reports according to the priority timeframes as follows:

• For a Priority 1 report, intake will begin to collect information immediately after the completion of the initial contact from the reporter and, as soon as possible thereafter, obtain additional information and assign the case to the CPS worker. The CPS worker has, as a standard, 60 minutes from the time of assignment to initiate efforts to make face-to-face contact with an alleged victim. For a Priority 1R (rural) referral, the worker has, as a standard, 3 hours to initiate efforts to make face-to-face contact if the alleged victim is more than 40 miles away.
• For a Priority 2 report, intake will begin to collect information as soon as possible after the completion of the initial contact and, as soon as possible, obtain additional information and assign the case to the CPS worker. The CPS worker has, as a standard, 24 hours from the time of assignment to initiate efforts to make face-to-face contact with the alleged victim. Notification of a Priority 2 referral received after normal working hours (8:00 a.m. through 5:00 p.m.) shall occur as early as possible the following morning.
• For a Priority 3 report, the CPS worker will make the face-to-face contact with the alleged victim within a reasonable period of time.

Classification of Reports

Citation: Ann. Code §§ 62A-4a-101; 62A-4a-409; 62A-4a-202.3The division shall make a written report of its investigation that shall include a determination regarding whether the alleged abuse or neglect is supported, unsupported, or without merit. Determinations may be:

• ‘Supported’: a finding by the division based on the evidence available at the completion of an investigation that there is a reasonable basis to conclude that abuse, neglect, or dependency occurred
• ‘Unsupported’: a finding at the completion of an investigation that there is insufficient evidence to conclude that abuse, neglect, or dependency occurred
• ‘Without merit’: a finding at the completion of an investigation by the division, or a judicial finding, that the alleged abuse, neglect, or dependency did not occur or that the alleged perpetrator was not responsible for the abuse, neglect, or dependency

The division’s determination of whether a report is supported or unsupported may be based on the child’s statements alone. Decisions regarding whether a report is supported, unsupported, or without merit shall be based on the facts of the case at the time the report was made.

Current Through August 2015

Professionals Required to Report

Citation: Ann. Code § 62A-4a-403Any person licensed under the Medical Practice Act or the Nurse Practice Act is required to report.

Reporting by Other Persons

Citation: Ann. Code § 62A-4a-403Any person who has reason to believe that a child has been subjected to abuse or neglect must report.

Institutional Responsibility to Report

Not addressed in statutes reviewed.

Standards for Making a Report

Citation: Ann. Code § 62A-4a-403A report is required when:

• A person has reason to believe that a child has been subjected to abuse or neglect.
• A person observes a child being subjected to conditions or circumstances that would reasonably result in sexual abuse, physical abuse, or neglect.

Privileged Communications

Citation: Ann. Code §§ 62A-4a-403; 62A-4a-412(5)The requirement to report does not apply to a clergy member or priest without the consent of the person making the confession, with regard to any confession made to the clergy member or priest in his or her professional character in the course of discipline enjoined by the church.

The physician-patient privilege is not a ground for excluding evidence regarding a child’s injuries or the cause of those injuries in any proceeding resulting from a report made in good faith pursuant to this part.

Inclusion of Reporter’s Name in Report

Not addressed in statutes reviewed.

Disclosure of Reporter Identity

Citation: Ann. Code § 62A-4a-412(3)(b)The name and contact information of the reporter shall be deleted prior to any release of records to the subject of the report.

Current Through April 2015

Citation: Ann. Code § 76-5-112.5‘Chemical substance’ means:

• A substance intended to be used as a precursor in the manufacture of a controlled substance
• A substance intended to be used in the manufacture of a controlled substance
• Any fumes or by-product resulting from the manufacture of a controlled substance

‘Exposed to’ means that the child:

• Is able to access or view an unlawfully possessed controlled substance or chemical substance
• Has the reasonable capacity to access drug paraphernalia
• Is able to smell an odor produced during, or as a result of, the manufacture or production of a controlled substance

Unless a greater penalty is otherwise provided by law:

• A person is guilty of a felony of the third degree if the person knowingly or intentionally causes or permits a child to be exposed to, inhale, ingest, or have contact with a controlled substance, chemical substance, or drug paraphernalia.
• A person is guilty of a felony of the second degree if:
  • The person engages in the conduct described above.
  • As a result of that conduct, a child suffers bodily injury, substantial bodily injury, or serious bodily injury.
• A person is guilty of a felony of the first degree if the person engages in the conduct described above, and as a result of that conduct, a child dies.

It is an affirmative defense to a violation of this section that the controlled substance was obtained by lawful prescription and is used or possessed by the person to whom it was lawfully prescribed.

The penalties described in this section are separate from, and in addition to, the penalties and enhancements described in Title 58, Occupations and Professions.

Citation: Ann. Code § 62A-4a-404When an individual, including a licensee under the Medical Practice Act or the Nurse Practice Act, attends the birth of a child or cares for a child and determines that the child, at the time of birth, has fetal alcohol syndrome, fetal alcohol spectrum disorder, or fetal drug dependency, the individual shall report that determination to the Division of Child and Family Services as soon as possible.

Current Through August 2014

Making The Appointment

Citation: Ann. Code § 78A-6-902The court:

• May appoint an attorney guardian ad litem (GAL) to represent the best interests of a minor involved in any case before the court
• Shall consider the best interests of a child, consistent with the provisions of § 62A-4a-201, in determining whether to appoint a GAL

In all cases in which an attorney GAL is appointed, the court shall make a finding that establishes the necessity of the appointment.

An attorney GAL shall represent the best interests of each child who may become the subject of a petition alleging abuse, neglect, or dependency, from the day, whichever is earlier, that:

• The child is removed from the child’s home by the division.
• The petition is filed.

The Use of Court-Appointed Special Advocates (CASAs)

Citation: Ann. Code § 78A-6-902An attorney GAL may use trained volunteers, trained paralegals, and other trained staff to assist in investigation and preparation of information regarding the cases of individual minors before the court. The attorney GAL may not delegate the attorney’s responsibilities described below.

All volunteers, paralegals, and staff utilized pursuant to this section shall be trained in and follow, at a minimum, the guidelines established by the Court Appointed Special Advocate Association.

The court may use trained volunteers to assist in investigation and preparation of information regarding the cases of individual minors within the jurisdiction.

When possible and appropriate, the court may use a volunteer who is a peer of the minor appearing before the court, in order to provide assistance to that minor, under the supervision of an attorney GAL or the attorney’s trained volunteer, paralegal, or other trained staff.

Qualifications/Training

Citation: Ann. Code §§ 78A-6-901; 78A-6-902The Office of Guardian Ad Litem director shall establish policy and procedure for the management of a statewide GAL program, including, but not limited to:

• Managing the GAL program to ensure that minors receive qualified GAL services in abuse, neglect, and dependency proceedings in accordance with State and Federal law and policy
• Developing standards for contracts of employment and contracts with independent contractors to employ or contract with attorneys licensed to practice law in this State to act as attorney GALs
• Developing and providing training programs for attorney GALs and volunteers in accordance with National Court Appointed Special Advocates Association standards
• Developing a GAL manual, combining elements of the National Court Appointed Special Advocates Association manual with specific information about the law and policy of this State
• Developing and providing a library of materials for the continuing education of attorney GALs and volunteers
• Educating court personnel regarding the role and function of GALs

A contract of employment or independent contract shall provide that attorney GALs in the second, third, and fourth judicial districts devote their full time and attention to the role of attorney GAL, having no clients other than the minors whose interests they represent within the GAL program.

Prior to representing any minor before the court, the attorney GAL shall be trained in:

• Applicable statutory, regulatory, and case law
• Accordance with the National Court Appointed Special Advocates Association guidelines

Specific Duties

Citation: Ann. Code § 78A-6-902The attorney GAL shall:

• Represent the best interests of the minor in all proceedings
• Conduct an independent investigation to obtain firsthand a clear understanding of the situation and needs of the child
• Meet with the child, interview the child if he or she is old enough to communicate, determine the child’s goals and concerns regarding placement, and assess the appropriateness and safety of each placement
• File written motions, responses, or objections at all stages of a proceeding when necessary
• Attend all administrative and foster care citizen review board hearings pertaining to the child’s case
• Participate in all appeals unless excused by the court
• Be familiar with local experts who can provide consultation and testimony regarding the reasonableness and appropriateness of efforts made by the Division of Child and Family Services
• To the extent possible, unless it would be detrimental to the child, keep the child advised of:
  • The status of his or her case
  • All court and administrative proceedings
  • Discussions with, and proposals made by, other parties
  • Court actions
  • The psychiatric, medical, or other treatment or services that are to be provided to the child
• Monitor implementation of a minor’s child and family plan and any dispositional orders to determine whether services ordered by the court are actually provided, are provided in a timely manner, and are accomplishing the intended goal of the services

The GAL shall continue to represent the child until released by the court.

If the child’s wishes differ from the GAL’s determination of the child’s best interests, the GAL shall communicate the child’s wishes to the court in addition to presenting the GAL’s determination of the child’s best interests. A difference between the child’s wishes and the GAL’s determination of best interests may not be considered a conflict of interest for the GAL.

How the Representative Is Compensated

Citation: Ann. Code § 78A-6-902The juvenile court is responsible for:

• All costs resulting from the appointment of an attorney GAL
• The costs of volunteer, paralegal, and other staff appointment and training

The court shall use funds appropriated by the legislature for the GAL program to cover the costs described above.

When the court appoints an attorney GAL under this section, the court may assess all or part of the attorney fees, court costs, and paralegal, staff, and volunteer expenses against the child’s parents, parent, or legal guardian in a proportion that the court determines to be just and appropriate, taking into consideration costs already borne by the parents, parent, or legal guardian, including:

• Private attorney fees
• Counseling for the child
• Counseling for the parent, if mandated by the court or recommended by the Division of Child and Family Services
• Any other cost the court determines to be relevant

The court may not assess those fees or costs against a legal guardian when that guardian is the State or a parent who is found to be impecunious. If a person claims to be impecunious, the court shall:

• Require that person to submit an affidavit of impecuniosity as provided in § 78A-2-302
• Follow the procedures and make the determinations as provided in § 78A-2-304

The child’s parents, parent, or legal guardian may appeal the court’s determination of fees, costs, and expenses.

Current Through April 2014

When Case Plans Are Required

Citation: Ann. Code § 62A-4a-205No more than 45 days after a child enters the temporary custody of the division, a child and family plan shall be finalized for the child.

Who May Participate in the Case Planning Process

Citation: Ann. Code § 62A-4a-205The Division of Child and Family Services may use an interdisciplinary team approach in developing each child and family plan. The interdisciplinary team shall include representatives from the following fields:

• Mental health
• Education
• Law enforcement, if appropriate

The division may involve all of the following in the development of the child and family plan:

• Both of the child’s natural parents, unless the whereabouts of a parent are unknown
• The child
• The child’s foster parents
• The child’s stepparent, if appropriate
• The child’s guardian ad litem, if one has been appointed by the court

Contents of a Case Plan

Ann. Code § 62A-4a-205Each child and family plan shall:

• Specifically provide for the safety of the child in accordance with Federal law
• Clearly define what actions or precautions will or may be necessary to provide for the health, safety, protection, and welfare of the child

The plan shall set forth, with specificity, at least the following:

• The reason the child entered into the custody of the division
• Documentation of the reasonable efforts made to prevent placement of the child in the custody of the division, or the emergency situation that existed and prevented reasonable efforts from being made
• The primary permanency goal for the child and the reason for selection of that goal
• The concurrent permanency goal for the child and the reason for the selection of that goal
• If the plan is for the child to return to the child’s family:
  • Specifically what the parents must do to enable the child to be returned home
  • Specifically how those requirements may be accomplished
  • How those requirements will be measured
• The specific services needed to reduce the problems that necessitated placing the child in the division’s custody
• The name of the person who will provide and be responsible for case management
• A schedule of parent time between the natural parent and the child, unless such parent-time is detrimental to the child
• The health and mental health care to be provided to address any known or diagnosed mental health needs of the child
• 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
• Social summaries that include case history information pertinent to case planning

The case plan shall address specific problems that keep a child in placement and keep a child from achieving permanence in his or her life. It shall be designed to minimize disruption to the normal activities of the child’s family, including employment and school.

The division shall consider visitation with their grandparents for children in State custody if the division determines visitation to be in the best interest of the children and:

• There are no safety concerns regarding the behavior or criminal background of the grandparents.
• Allowing visitation would not compete with or undermine reunification goals.
• There is a substantial relationship between the grandparents and children.
• The visitation will not unduly burden the foster parents.

Current Through November 2012

Citation: Utah Code Ann. § 78A-6-312(8)-(10) (LexisNexis through 2012 4th Spec. Sess.)In addition to the primary permanency goal, the court shall establish a concurrent permanency goal that shall include:

• A representative list of the conditions under which the primary permanency goal will be abandoned in favor of the concurrent permanency goal
• An explanation of the effect of abandoning or modifying the primary permanency goal

A permanency hearing shall be conducted in accordance with § 78A-6-314(1)(b) within 30 days if something other than reunification is initially established as a minor’s primary permanency goal.

The court may amend a minor’s primary permanency goal before the establishment of a final permanency plan under § 78A-6-314. The court is not limited to the terms of the concurrent permanency goal in the event that the primary permanency goal is abandoned.

If, at any time, the court determines that reunification is no longer a minor’s primary permanency goal, the court shall conduct a permanency hearing in accordance with § 78A-6-314 on or before the earlier of the following:

• Thirty days from the day on which the court makes the determination [that reunification is no longer the primary permanency goal]
• The day on which the provision of reunification services ends, as described in § 78A-6-314

Current Through January 2016

Schedule of Hearings

Citation: Ann. Code §§ 78A-6-312; 78A-6-313; 78A-6-314If reunification efforts have been ordered by the court, a hearing shall be held no more than 6 months after initial removal of a child from his or her home.

A permanency hearing shall be held:

• No later than 12 months after the original removal of the minor when reunification services have been ordered
• Within 30 days from the date of the dispositional hearing if reunification services were not ordered at the dispositional hearing

Persons Entitled to Attend Hearings

Citation: Ann. Code §§ 78A-6-306; 78A-6-317The following persons are entitled to notice of, and to be present at, each hearing and proceeding held under this part, including administrative and citizen reviews, and have a right to be heard at each hearing and proceeding:

• The child who is the subject of the hearing
• Both parents and any guardian of the child
• Any person entitled to notice under §§ 78A-6-306 or 78A-6-310, including:
  • The caseworker from the Division of Child and Family Services
  • The attorney from the Attorney General’s Office representing the division
• Preadoptive parents
• Foster parents
• Any relative providing care for the child

A child shall be represented at each hearing by the guardian ad litem appointed to the child’s case by the court. The child has a right to be present at each hearing, subject to the discretion of the guardian ad litem or the court regarding any possible detriment to the child.

The parent or guardian of a child who is the subject of a petition under this part has the right to be represented by counsel and to present evidence at each hearing.

Determinations Made at Hearings

Citation: Ann. Code §§ 78A-6-313; 78A-6-314At the review hearing, the court shall determine whether:

• The division has provided and is providing reasonable efforts to reunify a family in accordance with the child and family plan.
• The parent has fulfilled or is fulfilling identified duties and responsibilities in order to comply with the requirements of the child and family plan.

At the permanency hearing the court shall determine whether the child may safely be returned to the custody of his or her parents. If the court finds, by a preponderance of the evidence, that return of the child would create a substantial risk of detriment to his or her physical or emotional well-being, the child may not be returned to the custody of his or her parents.

The court shall review and consider:

• The report prepared by the division
• Any admissible evidence offered by the minor’s guardian ad litem
• Any report submitted by the division under § 78A-6-315(3)(a)(i)
• Any evidence regarding the efforts or progress demonstrated by the parent
• The extent to which the parent cooperated and utilized the services provided

If the child is not returned to his or her parent or guardian at the permanency hearing, the court shall:

• Order termination of reunification services to the parent
• Make a final determination regarding whether termination of parental rights, adoption, or permanent custody and guardianship is the most appropriate final plan for the child, taking into account the child’s primary permanency goal
• Establish a concurrent plan that identifies the second most appropriate final plan for the child

Permanency Options

Citation: Ann. Code §§ 78A-6-312; 78A-6-314In addition to a primary permanency plan, the court shall establish a concurrent permanency plan that shall include:

• A representative list of the conditions under which the primary permanency plan will be abandoned in favor of the concurrent permanency plan
• An explanation of the effect of abandoning or modifying the primary permanency plan

In determining the primary permanency plan and concurrent permanency plan, the court shall consider:

• The preference for kinship placement over nonkinship placement
• The potential for a guardianship placement if the parent-child relationship is legally terminated and no appropriate adoption placement is available
• The use of an individualized permanency plan only as a last resort

Permanency options include:

• Reunification
• Adoption
• Permanent custody and guardianship
• Kinship placement
• Another planned permanent living arrangement

Current Through March 2016

Citation: Ann. Code § 62A-4a-201(1)(c), (2)-(3)It is in the best interest and welfare of a child to be raised under the care and supervision of the child’s natural parents. A child’s need for a normal family life in a permanent home and for positive, nurturing family relationships is usually best met by the child’s natural parents. Additionally, the integrity of the family unit and the right of parents to conceive and raise their children are constitutionally protected. The right of a fit, competent parent to raise the parent’s child without undue government interference is a fundamental liberty interest that has long been protected by the laws and Constitution and is a fundamental public policy of this State.

It is also the public policy of this State that children have the right to protection from abuse and neglect, and that the State retains a compelling interest in investigating, prosecuting, and punishing abuse and neglect. Therefore, the State, as parens patriae, has an interest in and responsibility to protect children whose parents abuse them or do not adequately provide for their welfare. There may be circumstances where a parent’s conduct or condition is a substantial departure from the norm and the parent is unable or unwilling to render safe and proper parental care and protection. Under those circumstances, the State may take action for the welfare and protection of the parent’s children.

When the Division of Child and Family Services intervenes on behalf of an abused, neglected, or dependent child, it shall take into account the child’s need for protection from immediate harm and the extent to which the child’s extended family may provide needed protection. Throughout its involvement, the division shall utilize the least intrusive and least restrictive means available to protect a child, in an effort to ensure that children are brought up in stable, permanent families, rather than in temporary foster placements under the supervision of the State.

Current Through January 2013

Circumstances That Are Grounds for Termination of Parental Rights

Citation: Ann. Code §§ 78A-6-507; 78A-6-508Subject to the protections and requirements of § 78A-6-503, and if the court finds strictly necessary, the court may terminate parental rights if it finds any one of the following:

• The parent has abandoned the child.
• The parent has neglected or abused the child.
• The parent is unfit or incompetent.
• The child is being cared for in an out-of-home placement, the parent has substantially neglected or has been unable or unwilling to remedy the circumstances that caused the child to be in an out-of-home placement, and there is a substantial likelihood that the parent will not be capable of exercising proper and effective parental care in the near future.
• The parent has made only token efforts to support or communicate with the child, prevent neglect of the child, eliminate the risk of serious harm to the child, or avoid being an unfit parent.
• After a trial period during which the child was returned home, the parent substantially and continuously refused or failed to give the child proper parental care and protection.
• The parent has complied with the terms and conditions of a safe relinquishment of a newborn child.

In determining whether a parent has abandoned a child, it is prima facie evidence of abandonment when the parent has:

• Surrendered physical custody of the child, and for 6 months following the surrender has not manifested a firm intention to resume physical custody or to make arrangements for the care of the child
• Failed to communicate with the child for 6 months
• Failed to show the normal interest of a natural parent, without just cause
• Abandoned an infant

In determining whether a parent is unfit or has neglected a child, the court shall consider, but is not limited to, the following circumstances, conduct, or conditions:

• Emotional illness, mental illness, or mental deficiency of the parent that renders the parent unable to care for the immediate and continuing physical or emotional needs of the child for extended periods of time
• Conduct toward a child of a physically, emotionally, or sexually cruel or abusive nature
• Habitual or excessive use of intoxicating liquors, controlled substances, or dangerous drugs that render the parent unable to care for the child
• Repeated or continuous failure to provide the child with adequate food, clothing, shelter, education, or other necessary care
• Incarceration of the parent for such a time that the child will be deprived of a normal home for more than 1 year
• A history of violent behavior

The following circumstances constitute prima facie evidence of unfitness:

• Sexual abuse, sexual exploitation, injury, or death of any child, due to known or substantiated abuse or neglect by the parent
• Conviction of a crime of such a nature as to indicate the unfitness of the parent to provide adequate care for the child
• A single incident of life-threatening or gravely disabling injury to or disfigurement of the child
• Conviction of the parent of committing, aiding, abetting, attempting, conspiring, or soliciting to commit murder or manslaughter of a child or child abuse homicide
• Intentionally, knowingly, or recklessly causing the death of another parent of the child, without legal justification

Circumstances That Are Exceptions to Termination of Parental Rights

Citation: Ann. Code §§ 78A-6-507; 78A-6-508The court may not terminate the parental rights of a parent because the parent has failed to complete a treatment required by a child and family plan. If the court has directed the division to provide reunification services to a parent, the court must find that the division made reasonable efforts to provide those services before the court may terminate the parent’s rights.

A parent who, legitimately practicing the parent’s religious beliefs, does not provide specified medical treatment for a child is not, for that reason alone, a negligent or unfit parent.

A parent may not be considered neglectful or unfit because of a health-care decision made for a child by the child’s parent unless the State or other party to the proceeding shows, by clear and convincing evidence, that the health-care decision is not reasonable and informed.

Circumstances Allowing Reinstatement of Parental Rights

This issue is not addressed in the statutes reviewed.

Current Through December 2014

Definitions

Citation: Ann. Code § 75-1-201The term ‘guardian’ means a person who has qualified as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment, or by written instrument, but excludes one who is merely a guardian ad litem.

Purpose of Guardianship

Citation: Admin. Code R512-308-1; R512-308-3Guardianship services and placements provide a permanent, safe living arrangement for a child in the court-ordered custody of the Division of Child and Family Services or the Department of Human Services when it is not appropriate for the child to return home or be adopted, and continuing agency custody is not in the child’s best interests.

General qualifying factors that must be met for both relative and nonrelative guardianship include:

• The child cannot safely return home. This requirement is met if the court determines that reunification with the child’s parents is not possible or appropriate and the Child and Family Team and regional screening committee agree that adoption is not an appropriate plan for the child.
• The parent and child have a significant bond, but the parent is unable to provide ongoing care for the child, such as an emotional, mental, or physical disability, and the child’s current caregiver has committed to raising the child to the age of majority and to facilitate visitation with the parent.
• The prospective guardian must:
  • Be able to maintain a stable relationship with the child
  • Have a strong commitment to providing a safe and stable home for the child on a long-term basis
  • Have a means of financial support and connections to community resources
  • Be able to care for the child without division supervision
• The child has no ongoing care or financial needs beyond basic maintenance and does not require the services of a case manager.
• There are compelling reasons why the child cannot be adopted, such as when the child’s Tribe has exclusive jurisdiction or the Tribe has chosen to intervene in the adoption proceedings.

Under the Indian Child Welfare Act (25 USC § 1911), a Tribe has the right to determine the child’s permanency. For this reason, the Tribe has the authority to approve guardianship with the current caregiver.

A Guardian’s Rights and Responsibilities

Citation: Ann. Code § 78A-6-105Guardianship of the person includes the authority to consent to:

• Marriage
• Enlistment in the armed forces
• Major medical, surgical, or psychiatric treatment
• Legal custody, if legal custody is not vested in another person, agency, or institution

‘Legal custody’ means a relationship embodying the following rights and duties:

• The right to physical custody of the minor
• The right and duty to protect, train, and discipline the minor
• The duty to provide the minor with food, clothing, shelter, education, and ordinary medical care
• The right to determine where and with whom the minor shall live
• The right, in an emergency, to authorize surgery or other extraordinary care

The term ‘residual parental rights and duties’ means those rights and duties remaining with the parent after legal custody or guardianship, or both, have been vested in another person or agency, including:

• The responsibility for support
• The right to consent to adoption
• The right to determine the child’s religious affiliation
• The right to reasonable parent-time unless restricted by the court

If no guardian has been appointed, ‘residual parental rights and duties’ also include the right to consent to marriage; enlistment; and major medical, surgical, or psychiatric treatment.

Qualifying the Guardian

Citation: Admin. Code R512-308-4; R512-308-5For a nonrelative guardianship, the following factors must be met:

• The child has been in the legal custody of the division for at least 12 consecutive months. For a sibling group, at least one child must have been in custody for 12 months.
• The prospective guardian is a licensed out-of-home care provider.
• The child has lived for at least 6 months in the home of the prospective guardian. This requirement may be waived for sibling groups if at least one sibling has been in the home for 6 months.
• The division has assessed the placement and found that continuation with the caregiver is in the child’s best interests and supports the child’s safety, permanency, and well-being.
• The division has no concerns with the care the child has received in the home.
• The child has a stable and positive relationship with the caregiver.
• The child has reached age 12. The age requirement may be waived for a sibling group placed with a nonrelative if at least one sibling is age 12 or older and meets all other guardianship criteria and adoption is not the best permanency option for the younger children.

For a relative guardianship, the following factors must be met:

• The child’s prospective guardian is a relative to the child, including:
  • Grandfather, grandmother, brother, sister, uncle, aunt, first cousin, first cousin once removed, nephew or niece
  • Persons of preceding generations as designated by prefixes of grand, great, great-great, or great-great-great
  • Spouses of any relative listed above even if the marriage has been terminated
  • Persons that meet any of the above-listed relationships by means of a step relationship
  • Relatives that meet one of these relationships by legal adoption
• If not licensed as an out-of-home care provider, the relative has completed kinship screening, including a home study and background checks.
• The child’s needs may be met without continued division funding.

Procedures for Establishing Guardianship

Citation: Ann. Code §§ 78A-6-312; 75-5-201; 75-5-206; 75-5-208At the dispositional hearing, the court may place the minor in the custody or guardianship of any individual or public or private entity or agency.

A person becomes a guardian of a minor upon appointment by the court. The guardianship status continues until terminated, without regard to the location from time to time of the guardian and minor ward.

The court may appoint as guardian any person whose appointment would be in the best interests of the minor. In determining the minor’s best interests, the court may consider the minor’s physical, mental, moral, and emotional health needs. The court shall appoint a person nominated by the minor, if the minor is age 14 or older, unless the court finds the appointment contrary to the best interests of the minor.

By accepting a court appointment as guardian, a guardian submits personally to the jurisdiction of the court in any proceeding relating to the guardianship that may be initiated by any person interested in the welfare of the minor.

Contents of a Guardianship Order

This issue is not addressed in the statutes and regulations reviewed.

Modification/Revocation of Guardianship

Citation: Ann. Code §§ 75-5-210; 75-5-212A guardian’s authority and responsibility terminates upon the death, resignation, or removal of the guardian or upon the minor’s death, adoption, marriage, or attainment of majority, but termination does not affect the guardian’s liability for prior acts nor his or her obligation to account for funds and assets of the ward. Resignation of a guardian does not terminate the guardianship until it has been approved by the court.

Any person interested in the welfare of a ward, or the ward, if age 14 or older, may petition for removal of a guardian on the ground that removal would be in the best interests of the ward. A guardian may petition for permission to resign. A petition for removal or for permission to resign may, but need not, include a request for the appointment of a successor guardian.

After notice and hearing on a petition for removal or for permission to resign, the court may terminate the guardianship and make any further order that may be appropriate.

Eligibility for Guardianship Subsidy

Citation: Admin. Code R512-308-5(c); R512-308-6In order to be considered for a guardianship subsidy, the prospective relative guardian must be a licensed out-of-home care provider and demonstrate that they cannot qualify for a Specified Relative Grant through the Department of Workforce Services, as outlined in R512-308-6.

Guardianship subsidies are available to meet the care and maintenance needs for children in out-of-home care:

• For whom guardianship has been determined as the most appropriate primary goal
• Who do not otherwise have adequate resources available for their care and maintenance
• Who meet the qualifying factors described in R512-308-4 (Nonrelative Qualifying Factors) and who cannot qualify to receive a Specified Relative Grant from the Department of Workforce Services

Guardianship subsidies are available through the month in which the child reaches age 18. Each region may establish a limit to the number of eligible children who may receive guardianship subsidies. Guardianship subsidies are subject to the availability of State funds designated for this purpose.

Links to Agency Policies

Division of Child and Family Services, Kinship Practice Guidelines (PDF – 412 KB)

Utah Administrative Code, Rule R512-500. Kinship Services, Placement and Background Screening

Current Through July 2013

Relative Placement for Foster Care and Guardianship

Citation: Ann. Code § 78A-6-307When the court orders that a child be removed from the custody of the child’s parent, the court shall first determine whether there is another natural parent with whom the child is not residing who desires to assume custody of the child. If that parent requests custody, the court shall place the child with that parent unless it finds that the placement would be unsafe or otherwise detrimental to the child.

For purposes of this section, ‘natural parent’ includes only a birth or adoptive mother, an adoptive father, or a birth father who was married to the child’s birth mother at the time the child was conceived or born, or who has strictly complied with the provisions of §§ 78B-6-120 through 78B-6-122 prior to removal of the child or voluntary surrender of the child by the custodial parent.

If a child is removed from the custody of the child’s parent and is not placed in the custody of his or her other parent, the court shall determine whether there is a relative of the child or a friend of a parent of the child who is able and willing to care for the child. This section may not be construed as a guarantee that an identified relative or friend will receive custody of the child. However, preferential consideration shall be given to a relative’s or a friend’s request for placement of the child if it is in the best interests of the child and the provisions of this section are satisfied.

The term ‘relative’ means an adult who is a grandparent, great-grandparent, aunt, great-aunt, uncle, great-uncle, brother-in-law, sister-in-law, stepparent, first cousin, stepsibling, sibling of the child, or a first cousin of the child’s parent. In the case of a child identified as an Indian under the Indian Child Welfare Act (25 U.S.C. § 1903), ‘relative’ also means an extended family member as defined by that statute.

Requirements for Placement with Relatives

Citation: Ann. Code § 78A-6-307The court shall make a specific finding regarding the fitness of the noncustodial parent to assume custody and the safety and appropriateness of the placement. The court shall, at a minimum, order the division to visit the parent’s home, perform criminal background checks, and check for any previous reports of abuse or neglect received by the division regarding the parent at issue.

If a willing relative or friend is identified, the court shall make a specific finding regarding the fitness of that relative or friend to assume custody and the safety and appropriateness of placement with that relative or friend. In order to be considered a ‘willing relative or friend,’ the relative or friend shall be willing to cooperate with the child’s permanency goal.

The court shall, at a minimum, order the division to conduct criminal background checks, visit the relative’s or friend’s home, and check for any previous reports of abuse or neglect regarding the relative or friend at issue. The division must report its findings to the court so that the court may determine whether:

• 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.
• The child is comfortable with the relative or friend.
• The relative or friend recognizes the parent’s history of abuse and is committed to protect the child.
• The relative or friend is strong enough to resist inappropriate requests by the parent for access to the child, in accordance with court orders.
• The relative or friend is committed to caring for the child as long as necessary.
• The relative or friend can provide a secure and stable environment for the child.

Requirements for Placement of Siblings

Citation: Admin. Code R512-300-4The child and family plan shall include a visiting plan for the child, parents, and siblings, unless prohibited by court order.

Placement decisions are based upon the child’s needs, strengths, and best interests. The following factors are considered in determining placement:

• The age, special needs, and circumstances of the child
• The least restrictive placement consistent with the child’s needs
• Placement of siblings together
• Proximity to the child’s home and school
• Sensitivity to cultural heritage and needs of a minority child
• The potential for adoption

The child has a right to purposeful and frequent visits with a parent or guardian and siblings, unless the court orders otherwise. The right to visits is not a privilege to be earned or denied based on behavior of the child or the parent or guardian. Visits may be supplemented with telephone calls and written correspondence.

Relatives Who May Adopt

Citation: Ann. Code § 78B-6-128The following relatives may adopt the child:

• A stepparent
• A sibling or half-sibling by birth or adoption
• A grandparent, aunt, uncle, or first cousin

Requirements for Adoption by Relatives

Citation: Ann. Code §§ 78B-6-118; 78B-6-128; 78B-6-129A person adopting a child must be at least 10 years older than the child.

The requirement for a preplacement or postplacement adoptive evaluation does not apply if a preexisting parent has legal custody of the child to be adopted and the prospective adoptive parent is related to that child or the preexisting parent as a stepparent, sibling by half-blood or whole-blood or by adoption, grandparent, aunt, uncle, or first cousin, unless the evaluation is otherwise requested by the court. The prospective adoptive parent shall obtain the following information:

• Criminal history record information regarding each prospective adoptive parent and any other adult living in the home
• A report containing all information regarding reports and investigations of child abuse, neglect, and dependency, with respect to each prospective adoptive parent and any other adult living in the home

Current Through March 2016

What Are Reasonable Efforts

Citation: Ann. Code § 78A-6-312The Division of Child and Family Services shall make reasonable efforts to provide services to the child and the child’s parent for the purpose of facilitating reunification of the family for a specified period of time. In determining reasonable efforts to be made with respect to a minor, and in making reasonable efforts, the minor’s health, safety, and welfare shall be the paramount concern.

When Reasonable Efforts Are Required

Citation: Ann. Code §§ 62A-4a-203; 78A-6-312Because the removal of a child from his or her home affects protected, constitutional rights of the parent and has a dramatic, long-term impact on a child, the division shall:

• When possible and appropriate, and 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 prior to placement in substitute care
• Determine whether there is substantial cause to believe that a child has been abused or neglected or is in danger of abuse or neglect prior to removing the child from his or her home
• When it is possible and appropriate, make reasonable efforts to make it possible for a child in substitute care to return to his or her home
• Take measures in a timely manner to place the child in accordance with the permanency plan and complete whatever steps are necessary to finalize the permanent placement of the child if continuation of reasonable efforts to reunify a minor is determined to be inconsistent with the final permanency plan for the child

When Reasonable Efforts Are NOT Required

Citation: Ann. Code § 78A-6-312Reasonable efforts are not required if the court finds by clear and convincing evidence that any of the following circumstances exist:

• The parent’s whereabouts is unknown.
• The parent suffers from a severe mental illness that renders the parent incapable of using reunification services.
• The child previously was adjudicated as an abused child, was removed from the home, was returned home, and is being removed due to additional abuse.
• The parent:
  • Caused the death of another minor through abuse or neglect
  • Committed, attempted, or conspired to commit murder or manslaughter of a child
  • Committed sexual abuse against the child
  • Is a registered sex offender or required to register as a sex offender
  • Has caused, is identified as a suspect, or is being prosecuted for intentionally, knowingly, or recklessly causing the death of another parent of the child
• The child suffered severe abuse by the parent or by a person known by the parent, and the parent knew or reasonably should have known about the abused.
• The parent has severely abused the child.
• The parent’s rights were terminated with regard to any other child.
• The child was removed from his or her home on at least two previous occasions, and reunification services were offered or provided to the family at those times.
• The parent abandoned the child for 6 months or longer.
• The parent permitted the child to reside, permanently or temporarily, where the parent knew or should have known that a clandestine laboratory operation was located.
• With respect to the child’s birth mother, the child has fetal alcohol syndrome, fetal alcohol spectrum disorder, or was exposed prenatally to an illegal or prescription drug, unless the mother completes an approved substance abuse treatment program.
• Other circumstances preclude reunification efforts or services.

Current Through February 2015

Who Can Nominate a Standby Guardian

Citation:This issue is not addressed in the statutes reviewed.

How to Establish a Standby Guardian

Citation:This issue is not addressed in the statutes reviewed.

How Standby Authority is Activated

Citation:This issue is not addressed in the statutes reviewed.

Involvement of the Noncustodial Parent

Citation:
This issue is not addressed in the statutes reviewed.

Authority Relationship of the Parent and the Standby

Citation:This issue is not addressed in the statutes reviewed.

Withdrawing Guardianship

Citation:This issue is not addressed in the statutes reviewed.