Child Welfare Revisions

3
78A-6-357
0
Child Welfare Revisions
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Christine F. Watkins
Senate Sponsor: Wayne A. Harper
LONG TITLE
General Description:
This bill addresses orders of permanent custody and guardianship of a minor.
Highlighted Provisions:
This bill:
addresses when a parent may file a petition to modify an order of permanent custody and
guardianship.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
78A-6-357
, as last amended by Laws of Utah 2025, Chapter 365
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
78A-6-357
is amended to read:
78A-6-357
. New hearings -- Modification of order or decree -- Requirements for
changing or terminating custody, probation, or protective supervision.
(1)
If a party seeks a new hearing after an adjudication under
Title 80, Utah Juvenile Code
,
Rule 48 of the Utah Rules of Juvenile Procedure shall govern the matter of granting a
new hearing.
(2)
(a)
Except as provided in Subsection
(3)
, a juvenile court may modify or set aside any
order or decree made by the juvenile court.
(b)
A modification of an order placing a minor on probation may not:
(i)
include an order under Section
80-3-405
,
80-6-703
,
80-6-704
, or
80-6-705
; or
(ii)
extend supervision over a minor, except in accordance with Section
80-6-712
.
(3)
(a)
A parent or guardian of a child whose legal custody has been transferred by the
juvenile court to an individual, agency, or institution may petition the juvenile court
for restoration of custody or other modification or revocation of the juvenile court's
order or decree, except as provided in Subsections
(3)(b)
,
(c)
, and
(d)
and for a
transfer of legal custody for secure care.
(b)
A parent or guardian may only petition the juvenile court under Subsection
(3)(a)
on
the ground that a change of circumstances has occurred that requires modification or
revocation in the best interest of the child or the public.
(c)
A parent may not file a petition after the parent's parental rights have been terminated
in accordance with
Title 80, Chapter 4, Termination and Restoration of Parental
Rights
.
(d)
Except as provided in Subsection
(3)(e)
, a parent may not file a petition for
restoration of custody under this section during the existence of a permanent
guardianship established for the child under Subsection
80-3-405(2)(d)
.
(e)
(i)
A parent may file a petition to modify an order of permanent custody and
guardianship only if:
(A)
the order granted permanent custody and guardianship to the child's other
parent; and
(B)
the petitioning parent can demonstrate that a substantial and material change
of circumstance has occurred.
(ii)
A parent shall file a petition to modify an order of permanent custody and
guardianship in the district court, if:
(A)
the juvenile court ordered a parent to file the order in a pending district court
case under Subsection
80-3-405(2)(d)(iv)
; or
(B)
a case involving custody, support, or parent-time relating to the child who is
the subject of the juvenile court's order is filed in district court subsequent to
the juvenile court issuing the permanent custody and guardianship order.
(iii)
A parent may file a petition in accordance with Subsection
(3)(e)(i)
regardless of
when the order granting permanent custody and guardianship to the child's other
parent was entered, if the substantial and material change of circumstance
described in Subsection
(3)(e)(i)
has occurred since the permanent custody and
guardianship order was entered.
(4)
(a)
An individual, agency, or institution vested with legal custody of a child may
petition the juvenile court for a modification of the custody order on the ground that
the change is necessary for the welfare of the child or in the public interest.
(b)
The juvenile court shall proceed upon the petition in accordance with this section.
(5)
Notice of hearing is required in any case in which the effect of modifying or setting
aside an order or decree may be to make any change in the minor's legal custody under
Section
80-3-405
or
80-6-703
.
(6)
(a)
Upon the filing of a petition under Subsection
(3)(a)
, the juvenile court shall make
a preliminary investigation.
(b)
After the preliminary investigation described in Subsection
(6)(a)
, the juvenile court:
(i)
may dismiss the petition if the juvenile court finds the alleged change of
circumstances, if proved, would not affect the decree; or
(ii)
shall conduct a hearing, if the juvenile court finds that further examination of the
facts is needed, or if the juvenile court on the juvenile court's own motion
determines that the juvenile court's order or decree should be reviewed.
(c)
Notice of the hearing described in Subsection
(6)(b)(ii)
shall be given to all interested
persons.
(d)
At a hearing under Subsection
(6)(b)(ii)
, the juvenile court may enter an order
continuing, modifying, or terminating the juvenile court's order or decree.
(7)
Notice of an order terminating probation or protective supervision of a child shall be
given to:
(a)
the child's parent;
(b)
the child's guardian;
(c)
the child's custodian; and
(d)
if appropriate, to the child.
(8)
Notice of an order terminating probation or protective supervision of a minor who is at
least 18 years old shall be given to the minor.
Section 2.
Effective Date.
This bill takes effect on
May 6, 2026
.
3-2-26 9:17 AM