Child Welfare Amendments

32
80-2-1005
80-2a-101
80-2a-304
80-3-102
80-3-107
80-3-301
80-3-302
80-3-303
81-13-216
0
Child Welfare Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Wayne A. Harper
House Sponsor: Christine F. Watkins
LONG TITLE
General Description:
This bill makes changes related to the Division of Child and Family Services and child
welfare processes.
Highlighted Provisions:
This bill:
allows the Division of Child and Family Services (DCFS) to share information with the
Division of Professional Licensing for certain purposes;
modifies the definition of "relative";
clarifies the timeline for certain rights for foster parents;
requires DCFS to notify all parties when DCFS files a court report or child and family
plan;
requires placement objections to be filed and resolved within a certain time;
addresses shelter removal findings; and
clarifies that a postadoption contact agreement is not limited to children who are in the
custody of DCFS.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
80-2-1005
, as last amended by Laws of Utah 2025, First Special Session, Chapter 17
80-2a-101
, as last amended by Laws of Utah 2025, Chapter 426
80-2a-304
, as last amended by Laws of Utah 2025, Chapter 426
80-3-102
, as last amended by Laws of Utah 2025, Chapter 426
80-3-107
, as last amended by Laws of Utah 2025, Chapter 426
80-3-301
, as last amended by Laws of Utah 2025, Chapter 426
80-3-302
, as last amended by Laws of Utah 2025, Chapter 426
80-3-303
, as last amended by Laws of Utah 2025, Chapter 48
81-13-216
, as renumbered and amended by Laws of Utah 2025, Chapter 426
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
80-2-1005
is amended to read:
80-2-1005
. Classification of reports of alleged abuse or neglect -- Confidential
identity of a person who reports -- Access -- Admitting reports into evidence -- Unlawful
release and use -- Penalty.
(1)
Except as otherwise provided in this chapter or
Chapter 2a, Removal and Protective
Custody of a Child
, a report made under
Part 6, Child Abuse and Neglect Reports
, and
any other information in the possession of the division obtained as a result of the report
is a private, protected, or controlled record under
Title 63G, Chapter 2, Government
Records Access and Management Act
, and may only be made available to:
(a)
a police or law enforcement agency investigating a report of known or suspected
abuse or neglect, including members of a child protection team;
(b)
a physician who reasonably believes that a child may be the subject of abuse or
neglect;
(c)
an agency that has responsibility or authority to care for, treat, or supervise a minor
who is the subject of a report;
(d)
a contract provider that has a written contract with the division to render services to a
minor who is the subject of a report;
(e)
the subject of the report, the parents of the child, an individual who has been awarded
permanent custody and guardianship of the child, and the guardian ad litem;
(f)
a court, upon a finding that access to the records may be necessary for the
determination of an issue before the court,
provided that
if
in a divorce, custody, or
related proceeding between private parties, the record alone is:
(i)
limited to objective or undisputed facts that were verified at the time of the
investigation; and
(ii)
devoid of conclusions drawn by the division or any of the division's workers on
the ultimate issue of whether
or not
an individual's acts or omissions constituted
any level of abuse or neglect of another individual;
(g)
an office of the public prosecutor or the public prosecutor's deputies in performing an
official duty;
(h)
a person authorized by a Children's Justice Center, for the purposes described in
Section
67-5b-102
;
(i)
a person engaged in bona fide research, when approved by the director of the
division, if the information does not include names and addresses;
(j)
the State Board of Education, acting on behalf of itself or on behalf of a local
education agency, as defined in Section
63J-5-102
, 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, limited to information with
substantiated or supported findings involving an alleged sexual offense, an alleged
felony or class A misdemeanor drug offense, or any alleged offense against the
person under
Title 76, Chapter 5, Offenses Against the Individual
, and with the
understanding that the office
must
shall
provide the subject of a report received
under Subsection
(1)(k)
with an opportunity to respond to the report before making a
decision concerning licensure or employment;
(k)
any individual identified in the report as a perpetrator or possible perpetrator of
abuse or neglect, after being advised of the screening prohibition in Subsection
(2)
;
(l)
a person filing a petition for a child protective order on behalf of a child who is the
subject of the report;
(m)
a licensed child-placing agency or person who is performing a preplacement
adoptive evaluation in accordance with the requirements of Sections
81-13-403
and
81-13-405
;
(n)
an Indian tribe to:
(i)
certify or license a foster home;
(ii)
render services to a subject of a report; or
(iii)
investigate an allegation of abuse, neglect, or dependency;
or
(o)
the department or a local substance abuse authority, described in Section
17-77-201
,
for the purpose of providing substance abuse treatment to a pregnant woman or a
parent of a newborn child, or the services described in Subsection
26B-5-102(2)(mm)
.
;
or
(p)
an investigator with the Division of Professional Licensing to investigate reported
licensing violations related to child abuse or neglect.
(2)
In accordance with Section
80-2-608
and except as provided in Section
80-2-611
, the
division and a law enforcement agency shall ensure the anonymity of the person who
makes the initial report under
Part 6, Child Abuse and Neglect Reports
, and any other
person involved in the division's or law enforcement agency's subsequent investigation
of the report.
(3)
Notwithstanding any other provision of law, excluding Section
80-3-107
, but including
this chapter,
Chapter 2a, Removal and Protective Custody of a Child
, and
Title 63G,
Chapter 2, Government Records Access and Management Act
, if the division makes a
report or other information in the division's possession available under Subsection
(1)(e)

to a subject of the report or a parent of a child, the division shall remove from the report
or other information only the names, addresses, and telephone numbers of individuals or
specific information that could:
(a)
identify the referent;
(b)
impede a criminal investigation; or
(c)
endanger an individual's safety.
(4)
A child-placing agency or person who receives a report from the division under
Subsection
(1)(m)
may provide the report to:
(a)
the subject of the report;
(b)
a person who is performing a preplacement adoptive evaluation in accordance with
Sections
81-13-403
and
81-13-405
;
(c)
to
a licensed child-placing agency; or
(d)
an attorney seeking to facilitate an adoption.
(5)
A member of a child protection team may, before the day on which the child is
removed, share case-specific information obtained from the division under this section
with other members of the child protection team.
(6)
(a)
Except as provided in Subsection
(6)(b)
, in a divorce, custody, or related
proceeding between private parties, a court may not receive into evidence a report
that:
(i)
is provided to the court:
(A)
under Subsection
(1)(f)
; or
(B)
by a parent of the child after the record is made available to the parent under
Subsection
(1)(e)
;
(ii)
describes a parent of the child as the alleged perpetrator; and
(iii)
is found to be unsubstantiated, unsupported, or without merit.
(b)
(i)
After a motion to admit the report described in Subsection
(6)(a)
is made, the
court shall allow sufficient time for all subjects of the record to respond before
making a finding on the motion.
(ii)
After considering the motion described in Subsection
(6)(b)(i)
, the court may
receive the report into evidence upon a finding on the record of good cause.
(7)
(a)
A person may not:
(i)
willfully permit, or aid and abet, the release of data or information in the
possession of the division or contained in the Management Information System in
violation of this part or
Part 6, Child Abuse and Neglect Reports
; or
(ii)
if the person is not listed in Subsection
(1)
, request another person to obtain or
release a report or other information that the other person obtained under
Subsection
(1)(k)
to screen for potential perpetrators of abuse or neglect.
(b)
A person who violates Subsection
(7)(a)(i)
, or violates Subsection
(7)(a)(ii)
knowing
the person's actions are a violation of Subsection
(7)(a)(ii)
, is guilty of a class C
misdemeanor.
Section 2. Section
80-2a-101
is amended to read:
80-2a-101
. Definitions.
As used in this chapter:
(1)
"Custody" means the same as that term is defined in Section
80-2-102
.
(2)
"Division" means the Division of Child and Family Services created in Section
80-2-201
.
(3)
"Friend" means an adult who:
(a)
has an established relationship with the child or a family member of the child; and
(b)
is not the parent of the child.
(4)
"Nonrelative" means an individual who is not a noncustodial parent or relative.
(5)
"Relative" means an adult who:
(a)
is the child's
grandparent, great grandparent, aunt, great aunt, uncle, great uncle,
brother-in-law, sister-in-law, stepparent, first cousin, stepsibling, or sibling
grandparent, great grandparent, aunt or uncle, great aunt or uncle, parent, sibling, or
first, second, or third cousin by blood, marriage, or adoption
;
(b)
is the first cousin of the child's parent;
(c)
(b)
is a permanent guardian or parent of the child's sibling;
or
(c)
as established by rule by the division in accordance with Title 63G, Chapter 4,
Administrative Procedures Act, has a relationship with the child or the child's
immediate family member that is more than a relationship described in Subsection
(3)
;
or
(d)
in the case of a child who is an Indian child, is an extended family member as
defined in the Indian Child Welfare Act, 25 U.S.C. Sec. 1903.
(6)
"Sibling" means the same as that term is defined in Section
80-2-102
.
(7)
"Temporary custody" means the same as that term is defined in Section
80-2-102
.
Section 3. Section
80-2a-304
is amended to read:
80-2a-304
. Removal of a child from foster family placement -- Procedural due
process.
(1)
(a)
The Legislature finds that, except with regard to a child's parent or guardian, a
foster family has a very limited but recognized interest in the foster family's familial
relationship with a foster child who has been in the care and custody of the foster
family and in making determinations regarding removal of a child from a foster
home, the division may not dismiss the foster family as a mere collection of unrelated
individuals.
(b)
The Legislature finds that children in the temporary custody and custody of the
division are experiencing multiple changes in foster care placements with little or no
documentation, and that numerous studies of child growth and development
emphasize the importance of stability in foster care living arrangements.
(c)
For the reasons described in Subsections
(1)(a)
and
(b)
, the division shall provide
procedural due process for a foster family before removal of a foster child from the
foster family's home, regardless of the length of time the child has been in the foster
family's home, unless removal is for the purpose of:
(i)
returning the child to the child's parent or guardian;
(ii)
immediately placing the child in an approved adoptive home;
(iii)
placing the child with a relative who obtained custody or asserted an interest in
the child within the preference period described in Subsection
80-3-302(7)
; or
(iv)
placing an Indian child in accordance with placement preferences and other
requirements described in the Indian Child Welfare Act, 25 U.S.C. Sec. 1915.
(2)
(a)
The division shall maintain and utilize due process procedures for removal of a
foster child from a foster home, in accordance with the procedures and requirements
of
Title 63G, Chapter 4, Administrative Procedures Act
.
(b)
The procedures described in Subsection
(2)(a)
shall include requirements for:
(i)
personal communication with, and a written explanation of the reasons for the
removal to, the foster parents before removal of the child; and
(ii)
an opportunity for foster parents to:
(A)
present the foster parents' information and concerns to the division; and
(B)
request a review, to be held before removal of the child, by a third party
neutral fact finder or if the child is placed with the foster parents for a period of
at least two years
12 months or longer
, request a review, to be held before
removal of the child, by the juvenile court judge currently assigned to the
child's case or, if the juvenile court judge currently assigned to the child's case
is not available, another juvenile court judge.
(c)
If the division determines that there is a reasonable basis to believe that the child is in
danger or that there is a substantial threat of danger to the health or welfare of the
child, the division shall place the child in emergency foster care during the pendency
of the procedures described in this Subsection
(2)
, instead of making another foster
care placement.
(3)
(a)
If the division removes a child from a foster home based on the child's statement
alone, the division shall initiate and expedite the processes described in Subsection
(2)
.
(b)
The division may not take formal action with regard to the foster parent's license
until after the processes described in Subsection
(2)
, in addition to any other
procedure or hearing required by law, are completed.
(4)
If a complaint is made to the division by a foster child against a foster parent, the
division shall, within 30 business days after the day on which the complaint is received,
provide the foster parent with information regarding the specific nature of the complaint,
the time and place of the alleged incident, and who was alleged to have been involved.
(5)
If the division places a child in a foster home, the division shall provide the foster
parents with:
(a)
notification of the requirements of this section;
(b)
a written description of the procedures enacted by the division under Subsection
(2)

and how to access the procedures; and
(c)
written notification of the foster parents' ability to petition the juvenile court directly
for review of a decision to remove a foster child who, subject to Section
80-3-502
,
has been in the foster parents' custody for 12 months or longer.
(6)
This section does not apply to the removal of a child based on a foster parent's request
for the removal.
(7)
It is unlawful for a person, with the intent to avoid compliance with the requirements of
this section, to:
(a)
take action, or encourage another to take action, against the license of a foster parent;
or
(b)
remove a child from a foster home before the child is placed with the foster parents
for two years.
(8)
The division may not remove a foster child from a foster parent who is a relative of the
child on the basis of the age or health of the foster parent without determining:
(a)
by clear and convincing evidence that the foster parent is incapable of caring for the
foster child, if the alternative foster parent would not be another relative of the child;
or
(b)
by a preponderance of the evidence that the foster parent is incapable of caring for
the foster child, if the alternative foster parent would be another relative of the child.
Section 4. Section
80-3-102
is amended to read:
80-3-102
. Definitions.
As used in this chapter:
(1)
"Abuse, neglect, or dependency petition" means a petition filed in accordance with this
chapter to commence proceedings in a juvenile court alleging that a child is:
(a)
abused;
(b)
neglected; or
(c)
dependent.
(2)
"Custody" means the same as that term is defined in Section
80-2-102
.
(3)
"Division" means the Division of Child and Family Services created in Section
80-2-201
.
(4)
"Friend" means an adult who:
(a)
has an established relationship with the child or a family member of the child; and
(b)
is not the parent of the child.
(5)
"Immediate family member" means a spouse, child, parent, sibling, grandparent, or
grandchild.
(6)
"Relative" means an adult who:
(a)
is the child's
grandparent, great grandparent, aunt, great aunt, uncle, great uncle,
brother-in-law, sister-in-law, stepparent, first cousin, stepsibling, or sibling
grandparent, great grandparent, aunt or uncle, great aunt or uncle, parent, sibling, or
first, second, or third cousin by blood, marriage, or adoption
;
(b)
is a first cousin of the child's parent;
(c)
(b)
is a permanent guardian or parent of the child's sibling;
or
(c)
as established by rule by the division in accordance with Title 63G, Chapter 4,
Administrative Procedures Act, has a relationship with the child or the child's
immediate family member that is more than a relationship described in Subsection
(4)
;
or
(d)
in the case of a child who is an Indian child, is an extended family member as
defined in the Indian Child Welfare Act, 25 U.S.C. Sec. 1903.
(7)
"Sibling" means the same as that term is defined in Section
80-2-102
.
(8)
"Sibling visitation" means the same as that term is defined in Section
80-2-102
.
(9)
"Temporary custody" means the same as that term is defined in Section
80-2-102
.
Section 5. Section
80-3-107
is amended to read:
80-3-107
. Disclosure of records -- Record sharing.
(1)
(a)
Except as provided in Subsections
(1)(c)
through
(1)(d) and
(e)
, in an abuse,
neglect, or dependency proceeding occurring after the commencement of a shelter
hearing under Section
80-3-301
, or the filing of an abuse, neglect, or dependency
petition, each party to the proceeding shall provide in writing to any other party or
the other party's counsel any information that the party:
(i)
plans to report to the juvenile court at the proceeding; or
(ii)
could reasonably expect would be requested of the party by the juvenile court at
the proceeding.
(b)
A party providing the disclosure required under Subsection
(1)(a)
shall make the
disclosure:
(i)
for a dispositional hearing under
Part 4, Adjudication, Disposition, and
Permanency
, no less than five days before the day on which the dispositional
hearing is held; and
(ii)
for all other proceedings, no less than five days before the day on which the
proceeding is held.
(c)
The division is not required to provide a court report or a child and family plan
described in Section
80-3-307
to each party to the proceeding if:
(i)
the information is electronically filed with the juvenile court; and
(ii)
each party to the proceeding has access to the electronically filed information.
(c)
The division shall notify each party to the proceeding when the division files a court
report or a child and family plan, described in Section
80-3-307
.
(d)
If a party to a proceeding obtains information after the deadline described in
Subsection
(1)(b)
, the information is exempt from the disclosure required under
Subsection
(1)(a)
if the party certifies to the juvenile court that the information was
obtained after the deadline.
(e)
Subsection
(1)(a)
does not apply to:
(i)
pretrial hearings; and
(ii)
the frequent, periodic review hearings held in a dependency drug court case to
assess and promote the parent's progress in substance use disorder treatment.
(2)
(a)
Except as provided in Subsection
(2)(b)
, and notwithstanding any other provision
of law:
(i)
counsel for all parties to the action shall be given access to all records, maintained
by the division or any other state or local public agency, that are relevant to the
abuse, neglect, or dependency proceeding under this chapter; and
(ii)
if the parent of a child is not represented by counsel, the parent shall have access
to the records described in Subsection
(2)(a)(i)
.
(b)
The disclosures described in Subsection
(2)(a)
are not required if:
(i)
subject to Subsection
(2)(c)
, the division or other state or local public agency did
not originally create the record being requested;
(ii)
disclosure of the record would jeopardize the life or physical safety of a child
who has been a victim of abuse or neglect, or any individual who provided
substitute care for the child;
(iii)
disclosure of the record would jeopardize the anonymity of the individual
making the initial report of abuse or neglect or any others involved in the
subsequent investigation;
(iv)
disclosure of the record would jeopardize the life or physical safety of an
individual who has been a victim of domestic violence; or
(v)
the record is a Children's Justice Center interview, including a video or audio
recording, and a transcript of the recording, the release of which is governed by
Section
77-37-4
.
(c)
If a disclosure is denied under Subsection
(2)(b)(i)
, the division shall inform the
individual making the request:
(i)
of the existence of all records in the possession of the division or any other state or
local public agency;
(ii)
of the name and address of the individual or agency that originally created the
record; and
(iii)
that the individual making the request
must
shall
seek access to the record from
the individual or agency that originally created the record.
Section 6. Section
80-3-301
is amended to read:
80-3-301
. Shelter hearing -- Court considerations.
(1)
A juvenile court shall hold a shelter hearing to determine the temporary custody of a
child within 72 hours, excluding weekends and holidays, after any one or all of the
following occur:
(a)
removal of the child from the child's home by the division;
(b)
placement of the child in protective custody;
(c)
emergency placement under Subsection
80-2a-202(5)
;
(d)
as an alternative to removal of the child, a parent enters a domestic violence shelter
at the request of the division; or
(e)
a motion for expedited placement in temporary custody is filed under Section
80-3-203
.
(2)
If one of the circumstances described in Subsections
(1)(a)
through
(e)
occurs, the
division shall issue a notice that contains all of the following:
(a)
the name and address of the individual to whom the notice is directed;
(b)
the date, time, and place of the shelter hearing;
(c)
the name of the child on whose behalf an abuse, neglect, or dependency petition is
brought;
(d)
a concise statement regarding:
(i)
the reasons for removal or other action of the division under Subsection
(1)
; and
(ii)
the allegations and code sections under which the proceeding is instituted;
(e)
a statement that the parent or guardian to whom notice is given, and the child, are
entitled to have an attorney present at the shelter hearing, and that if the parent or
guardian is an indigent individual and cannot afford an attorney, and desires to be
represented by an attorney, one will be provided in accordance with
Title 78B,
Chapter 22, Indigent Defense Act
; and
(f)
a statement that the parent or guardian is liable for the cost of support of the child in
the protective custody, temporary custody, and custody of the division, and the cost
for legal counsel appointed for the parent or guardian under Subsection
(2)(e)
,
according to the financial ability of the parent or guardian.
(3)
The notice described in Subsection
(2)
shall be personally served as soon as possible,
but no later than one business day after the day on which the child is removed from the
child's home, or the day on which a motion for expedited placement in temporary
custody under Section
80-3-203
is filed, on:
(a)
the appropriate guardian ad litem; and
(b)
both parents and any guardian of the child, unless the parents or guardians cannot be
located.
(4)
Notwithstanding Section
80-3-104
, the following individuals shall be present at the
shelter hearing:
(a)
the child, unless it would be detrimental for the child;
(b)
the child's parents or guardian, unless the parents or guardian cannot be located, or
fail to appear in response to the notice;
(c)
counsel for the parents, if one is requested;
(d)
the child's guardian ad litem;
(e)
the child welfare caseworker from the division who is assigned to the case; and
(f)
the attorney from the attorney general's office who is representing the division.
(5)
(a)
At the shelter hearing, the juvenile court shall:
(i)
provide an opportunity to provide relevant testimony to:
(A)
the child's parent or guardian, if present; and
(B)
any other individual with relevant knowledge;
(ii)
subject to Section
80-3-108
, provide an opportunity for the child to testify; and
(iii)
in accordance with Subsections
80-3-302(7)(c)
and
(d)
, grant preferential
consideration to a relative or friend for the temporary placement of the child.
(b)
The juvenile court:
(i)
may consider all relevant evidence, in accordance with the Utah Rules of Juvenile
Procedure;
(ii)
shall hear relevant evidence presented by the child, the child's parent or guardian,
the requesting party, or the requesting party's counsel, including relevant evidence
regarding harm the specific child has suffered or will suffer due to the separation
or continued separation from the child's parent or guardian; and
(iii)
may in the juvenile court's discretion limit testimony and evidence to only that
which goes to the issues of removal and the child's need for continued protection.
(6)
If the child is in protective custody, the division shall report to the juvenile court:
(a)
the reason why the child was removed from the parent's or guardian's custody;
(b)
any services provided to the child and the child's family in an effort to prevent
removal;
(c)
the need, if any, for continued shelter;
(d)
the available services that could facilitate the return of the child to the custody of the
child's parent or guardian; and
(e)
subject to Subsections
80-3-302(7)(c)
and
(d)
, whether any relatives of the child or
friends of the child's parents may be able and willing to accept temporary placement
of the child.
(7)
The juvenile court shall consider all relevant evidence provided by an individual or
entity authorized to present relevant evidence under this section.
(8)
(a)
If necessary to protect the child, preserve the rights of a party, or for other good
cause shown, the juvenile court may grant no more than one continuance, not to
exceed five judicial days.
(b)
A juvenile court shall honor, as nearly as practicable, the request by a parent or
guardian for a continuance under Subsection
(8)(a)
.
(c)
Notwithstanding Subsection
(8)(a)
, if the division fails to provide the notice
described in Subsection
(2)
within the time described in Subsection
(3)
, the juvenile
court may grant the request of a parent or guardian for a continuance, not to exceed
five judicial days.
(9)
(a)
If the child is in protective custody, the juvenile court shall order that the child be
returned to the custody of the parent or guardian unless the juvenile court finds, by a
preponderance of the evidence, consistent with the protections and requirements
provided in Subsection
80-2a-201(1)
, that any one of the following exists:
(i)
subject to Subsection
(9)(b)(i)
, there is a serious danger to the physical health or
safety of the child and the child's physical health or safety may not be protected
without removing the child from the custody of the child's parent;
(ii)
(A)
the child is suffering emotional damage that results in a serious impairment
in the child's growth, development, behavior, or psychological functioning;
(B)
the parent or guardian is unwilling or unable to make reasonable changes that
would sufficiently prevent future damage; and
(C)
there are no reasonable means available by which the child's emotional health
may be protected without removing the child from the custody of the child's
parent or guardian;
(iii)
there is a substantial risk that the child will suffer abuse or neglect if the child is
not removed from the custody of the child's parent or guardian;
(iv)
subject to Subsection
(9)(b)(ii)
, the child or a minor residing in the same
household has been, or is considered to be at substantial risk of being, physically
abused, sexually abused, or sexually exploited by:
(A)
a parent or guardian;
(B)
a member of the parent's household or the guardian's household; or
(C)
an individual known to the parent or guardian;
(v)
the parent or guardian is unwilling to have physical custody of the child;
(vi)
the parent or guardian is unable to have physical custody of the child;
(vii)
the child is without any provision for the child's support;
(viii)
a parent who is incarcerated or institutionalized has not or cannot arrange for
safe and appropriate care for the child;
(ix)
(A)
a relative or other adult custodian with whom the child is left by the parent
or guardian is unwilling or unable to provide care or support for the child;
(B)
the whereabouts of the parent or guardian are unknown; and
(C)
reasonable efforts to locate the parent or guardian are unsuccessful;
(x)
subject to Subsection
80-1-102(58)(b)(i)
and Sections
80-3-109
and
80-3-304
, the
child is in immediate need of medical care;
(xi)
(A)
the physical environment or the fact that the child is left unattended
beyond a reasonable period of time poses a threat to the child's health or safety;
and
(B)
the parent or guardian is unwilling or unable to make reasonable changes that
would remove the threat;
(xii)
(A)
the child or a minor residing in the same household has been neglected;
and
(B)
the parent or guardian is unwilling or unable to make reasonable changes that
would prevent the neglect;
(xiii)
the parent, guardian, or an adult residing in the same household as the parent or
guardian, is charged or arrested
pursuant to
in accordance with

Title 58, Chapter
37d, Clandestine Drug Lab Act
, and any clandestine laboratory operation was
located in the residence or on the property where the child resided;
(xiv)
(A)
the child's welfare is substantially endangered; and
(B)
the parent or guardian is unwilling or unable to make reasonable changes that
would remove the danger; or
(xv)
the child's parent:
(A)
intentionally, knowingly, or recklessly causes the death of another parent of
the child;
(B)
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; or
(C)
is being prosecuted for or has been convicted of intentionally, knowingly, or
recklessly causing the death of another parent of the child.
(b)
(i)
Prima facie evidence of the finding described in Subsection
(9)(a)(i)
is
established if:
(A)
a court previously adjudicated that the child suffered abuse, neglect, or
dependency involving the parent; and
(B)
a subsequent incident of abuse, neglect, or dependency involving the parent
occurs.
(ii)
For purposes of Subsection
(9)(a)(iv)
, if the juvenile court finds that the parent
knowingly allowed the child to be in the physical care of an individual after the
parent received actual notice that the individual physically abused, sexually
abused, or sexually exploited the child, that fact is prima facie evidence that there
is a substantial risk that the child will be physically abused, sexually abused, or
sexually exploited.
(10)
(a)
(i)
The juvenile court shall make a determination on the record as to whether
reasonable efforts were made to prevent or eliminate the need for removal of the
child from the child's home and whether there are available services that would
prevent the need for continued removal.
(ii)
If the juvenile court finds that the child can be safely returned to the custody of
the child's parent or guardian through the provision of the services described in
Subsection
(10)(a)(i)
, the juvenile court shall place the child with the child's
parent or guardian and order that the services be provided by the division.
(b)
In accordance with federal law, the juvenile court shall consider the child's health,
safety, and welfare as the paramount concern when making the determination
described in Subsection
(10)(a)
, and in ordering and providing the services described
in Subsection
(10)(a)
.
(11)
If
the division's first contact with the family occurred during
, at the time of the child's
removal,
an emergency situation
existed
in which the child could not safely remain at
home, the juvenile court shall make a finding
on the record
that any lack of
preplacement preventive efforts, as described in Section
80-2a-302
, was appropriate.
(12)
In cases where sexual abuse, sexual exploitation, abandonment, severe abuse, or severe
neglect are involved, the juvenile court and the division do not have any duty to make
reasonable efforts or to, in any other way, attempt to maintain a child in the child's
home, return a child to the child's home, provide reunification services, or attempt to
rehabilitate the offending parent or parents.
(13)
The juvenile court may not order continued removal of a child solely on the basis of
educational neglect, truancy, or failure to comply with a court order to attend school.
(14)
(a)
If a juvenile court orders continued removal of a child under this section, the
juvenile court shall state the facts on which the decision is based.
(b)
If no continued removal is ordered and the child is returned home, the juvenile court
shall state the facts on which the decision is based.
(15)
If the juvenile court finds that continued removal and temporary custody are necessary
for the protection of a child under Subsection
(9)(a)
, the juvenile court shall order
continued removal regardless of:
(a)
any error in the initial removal of the child;
(b)
the failure of a party to comply with notice provisions; or
(c)
any other procedural requirement of this chapter,
Chapter 2, Child Welfare Services
,
or
Chapter 2a, Removal and Protective Custody of a Child
.
Section 7. Section
80-3-302
is amended to read:
80-3-302
. Shelter hearing -- Placement of a child.
(1)
As used in this section:
(a)
"Asserted an interest" means to communicate, verbally or in writing, to the division
or the court, that the relative or friend is interested in becoming a placement for the
child.
(b)
(i)
"Parent" does not include an unmarried biological father, as defined in Section
81-13-101
, who has not strictly complied with Sections
81-13-212
and
81-13-213

before the removal of the child or voluntary surrender of the child by the custodial
parent.
(ii)
"Parent" includes, except as provided in Subsection
(1)(b)(i)
, an individual with a
parent-child relationship to the child under Section
81-5-201
regardless of whether
the child has been or will be placed with adoptive parents or whether adoption has
been or will be considered as a long-term goal for the child.
(2)
(a)
At the shelter hearing, if the juvenile court orders that a child be removed from the
custody of the child's parent in accordance with Section
80-3-301
, the juvenile court
shall first determine whether there is another parent with whom the child was not
residing at the time the events or conditions that brought the child within the juvenile
court's jurisdiction occurred, who desires to assume custody of the child.
(b)
Subject to Subsection
(7)
(2)(c)
, if another parent
requests custody
desires to
assume custody
under Subsection
(2)(a)
, the juvenile court shall place the child
with
in
that
parent
parent's temporary custody
unless the juvenile court finds that the
placement would be unsafe or otherwise detrimental to the child.
(c)
The
In determining whether placement in the other parent's temporary custody
would be unsafe or otherwise detrimental, the
juvenile court:
(i)
shall make a specific finding regarding the fitness of the parent described in
Subsection
(2)(b)
to assume
temporary
custody, and the safety and
appropriateness of the placement;
(ii)
shall, at a minimum, order the division to visit the parent's home, comply with the
criminal background check provisions described in Section
80-3-305
, and check
the Management Information System for any previous reports of abuse or neglect
received by the division regarding the parent at issue;
(iii)
may order the division to conduct any further investigation regarding the safety
and appropriateness of the placement; and
(iv)
may place the child in the temporary custody of the division, pending the
juvenile court's determination regarding the placement.
(d)
The division shall report the division's findings from an investigation under
Subsection
(2)(c)
, regarding the child
in writing to the juvenile court
within 14 days
after the day on which the juvenile court orders the investigation
.
(3)
If the juvenile court orders placement with a parent under Subsection
(2)
:
(a)
the child and the parent are under the continuing jurisdiction of the juvenile court;
(b)
the juvenile court may order:
(i)
that the parent take custody subject to the supervision of the juvenile court; and
(ii)
that services be provided to the parent from whose custody the child was
removed, the parent who has assumed custody, or both; and
(c)
the juvenile court shall order reasonable parent-time with the parent from whose
custody the child was removed, unless parent-time is not in the best interest of the
child.
(4)
The juvenile court shall periodically review an order described in Subsection
(3)
to
determine whether:
(a)
placement with the parent continues to be in the child's best interest;
(b)
the child should be returned to the original custodial parent;
(c)
the child should be placed with a relative under Subsections
(6)
through
(9)
; or
(d)
the child should be placed in the temporary custody of the division.
(5)
(a)
Legal custody of the child is not affected by an order entered under Subsection
(2)

or
(3)
.
(b)
To affect a previous court order regarding legal custody, the party shall petition the
court for modification of legal custody.
(6)
Subject to Subsection
(7)
, if, at the time of the shelter hearing, a child is removed from
the custody of the child's parent and is not placed in the custody of the child's other
parent, the juvenile court:
(a)
shall, at that time, determine whether there is a relative or a friend who is able and
willing to care for the child, which may include asking a child, who is of sufficient
maturity to articulate the child's wishes in relation to a placement, if there is a relative
or friend with whom the child would prefer to reside;
(b)
may order the division to conduct a reasonable search to determine whether there are
relatives or friends who are willing and appropriate, in accordance with the
requirements of this chapter,
Chapter 2, Child Welfare Services
, and
Chapter 2a,
Removal and Protective Custody of a Child
, for placement of the child;
(c)
shall order the parents to cooperate with the division, within five working days, to
provide information regarding relatives or friends who may be able and willing to
care for the child; and
(d)
may order that the child be placed in the temporary custody of the division pending
the determination under Subsection
(6)(a)
.
(7)
(a)
(i)
Subject to Subsection
(7)(b)
, and if the provisions of this section are
satisfied, the division and the juvenile court shall give preferential consideration to
a relative's or a friend's request for placement of the child, if the placement is in
the best interest of the child.
(ii)
If a relative or friend verbally communicates to the division or court that the
relative or friend is interested in becoming a placement for the child, the division
or court shall make a written record of the communication and include that written
record in the report the division submits at the initial dispositional hearing, a
report the division submits under Section
80-3-408
, or the court's legal file.
(b)
(i)
(A)
The preferential consideration that the juvenile court or division initially
grants a friend under Subsection
(7)(a)(i)
expires 120 days after the day on
which the shelter hearing occurs.
(B)
After the day on which the time period described in Subsection
(7)(b)(i)(A)

expires, the division or the juvenile court may not grant preferential
consideration to a friend, who has not obtained custody or asserted an interest
in the child.
(ii)
(A)
Until eight months after the day on which the shelter hearing occurs, the
preferential consideration that the juvenile court or division grants a relative
under Subsection
(7)(a)(i)
is a rebuttable presumption that placement of the
child with a relative is in the best interest of the child.
(B)
After the rebuttable presumption described in Subsection
(7)(b)(ii)(A)
expires,
the juvenile court or division shall give preferential consideration to a relative's
request for placement of the child, if the placement is in the best interest of the
child considering the totality of the circumstances.
(C)
If a relative asserts an interest in becoming a placement for the child more
than one year after the day on which the shelter hearing occurs, the juvenile
court may not give the relative the preferential consideration described in
Subsection
(7)(b)(ii)(B)
.
(c)
The following order of preference shall be applied when determining the individual
with whom a child will be placed,
provided that
if
the individual is willing and able
to care for the child:
(i)
a noncustodial parent of the child;
(ii)
a relative of the child;
(iii)
subject to Subsection
(7)(d)
, a friend if the friend is a licensed foster parent; and
(iv)
other placements that are consistent with the requirements of law.
(d)
In determining whether a friend is a willing, able, and appropriate placement for a
child, the juvenile court or the division:
(i)
subject to Subsections
(7)(d)(ii)
through
(iv)
, shall consider the child's preferences
or level of comfort with the friend;
(ii)
is required to consider no more than one friend designated by each parent of the
child and one friend designated by the child if the child is of sufficient maturity to
articulate the child's wishes in relation to a placement;
(iii)
may limit the number of designated friends to two, one of whom shall be a friend
designated by the child if the child is of sufficient maturity to articulate the child's
wishes in relation to a placement; and
(iv)
shall give preference to a friend designated by the child if:
(A)
the child is of sufficient maturity to articulate the child's wishes; and
(B)
the basis for removing the child under Section
80-3-301
is sexual abuse of the
child.
(e)
(i)
If a parent of the child or the child, if the child is of sufficient maturity to
articulate the child's wishes in relation to a placement, is not able to designate a
friend who is a licensed foster parent for placement of the child, but is able to
identify a friend who is willing to become licensed as a foster parent, the
department shall fully cooperate to expedite the licensing process for the friend.
(ii)
If the friend described in Subsection
(7)(e)(i)
becomes licensed as a foster parent
within the time frame described in Subsection
(7)(b)(i)
, the juvenile court shall
determine whether it is in the best interest of the child to place the child with the
friend.
(8)
(a)
If a relative or friend who is willing to cooperate with the child's permanency goal
is identified under Subsection
(6)(a)
, the juvenile court:
(i)
shall make a specific finding regarding:
(A)
the fitness of that relative or friend as a placement for the child; and
(B)
the safety and appropriateness of placement with the relative or friend; and
(ii)
may not consider a request for guardianship or adoption of the child by an
individual who is not a relative of the child, or prevent the division from placing
the child in the custody of a relative of the child in accordance with this part, until
after the day on which the juvenile court makes the findings under Subsection
(8)(a)(i)
.
(b)
In making the finding described in Subsection
(8)(a)
, the juvenile court shall, at a
minimum, order the division to:
(i)
if the child may be placed with a relative, conduct a background check that
includes:
(A)
completion of a nonfingerprint-based, Utah Bureau of Criminal Identification
background check of the relative;
(B)
a completed search, relating to the relative, of the Management Information
System; and
(C)
a background check that complies with the criminal background check
provisions described in Section
80-3-305
, of each nonrelative of the child who
resides in the household where the child may be placed;
(ii)
if the child will be placed with a noncustodial parent, complete a background
check that includes:
(A)
the background check requirements applicable to an emergency placement
with a noncustodial parent that are described in Subsections
80-2a-301(4)
and
(6)
;
(B)
a completed search, relating to the noncustodial parent of the child, of the
Management Information System; and
(C)
a background check that complies with the criminal background check
provisions described in Section
80-3-305
, of each nonrelative of the child who
resides in the household where the child may be placed;
(iii)
if the child may be placed with an individual other than a noncustodial parent or
a relative, conduct a criminal background check of the individual, and each adult
that resides in the household where the child may be placed, that complies with
the criminal background check provisions described in Section
80-3-305
;
(iv)
visit the relative's or friend's home;
(v)
check the Management Information System for any previous reports of abuse or
neglect regarding the relative or friend at issue;
(vi)
report the division's findings in writing to the juvenile court; and
(vii)
provide sufficient information so that the juvenile court may determine whether:
(A)
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;
(B)
the child is comfortable with the relative or friend;
(C)
the relative or friend recognizes the parent's history of abuse and is committed
to protect the child;
(D)
the relative or friend is strong enough to resist inappropriate requests by the
parent for access to the child, in accordance with court orders;
(E)
the relative or friend is committed to caring for the child as long as necessary;
and
(F)
the relative or friend can provide a secure and stable environment for the child.
(c)
The division may determine to conduct, or the juvenile court may order the division
to conduct, any further investigation regarding the safety and appropriateness of the
placement described in Subsection
(8)(a)
.
(d)
The division shall complete and file the division's assessment regarding placement
with a relative or friend under Subsections
(8)(a)
and
(b)
as soon as practicable, in an
effort to facilitate placement of the child with a relative or friend.
(9)
(a)
The juvenile court may place a child described in Subsection
(2)(a)
in the
temporary custody of the division, pending the division's investigation under
Subsection
(8)
, and the juvenile court's determination regarding the appropriateness
of the placement.
(b)
The juvenile court shall ultimately base the juvenile court's determination regarding
the appropriateness of a placement with a relative or friend on the best interest of the
child.
(10)
If a juvenile court places a child described in Subsection
(6)
with the child's relative or
friend:
(a)
the juvenile court shall:
(i)
order the relative or friend take custody, subject to the continuing supervision of
the juvenile court;
(ii)
provide for reasonable parent-time with the parent or parents from whose custody
the child is removed, unless parent-time is not in the best interest of the child; and
(iii)
conduct a periodic review no less often than every six months, to determine
whether:
(A)
placement with a relative or friend continues to be in the child's best interest;
(B)
the child should be returned home; or
(C)
the child should be placed in the custody of the division;
(b)
the juvenile court may enter an order:
(i)
requiring the division to provide necessary services to the child and the child's
relative or friend, including the monitoring of the child's safety and well-being; or
(ii)
that the juvenile court considers necessary for the protection and best interest of
the child; and
(c)
the child and the relative or friend in whose custody the child is placed are under the
continuing jurisdiction of the juvenile court.
(11)
No later than 12 months after the day on which the child is removed from the home,
the juvenile court shall schedule a hearing for the purpose of entering a permanent order
in accordance with the best interest of the child.
(12)
The time limitations described in Section
80-3-406
, with regard to reunification
efforts, apply to a child placed with a previously noncustodial parent under Subsection
(2)
or with a relative or friend under Subsection
(6)
.
(13)
(a)
If the juvenile court awards temporary custody of a child to the division, and the
division places the child with a relative, the division shall:
(i)
conduct a criminal background check of the relative that complies with the
criminal background check provisions described in Section
80-3-305
; and
(ii)
if the results of the criminal background check described in Subsection
(13)(a)(i)

would prohibit the relative from having direct access to the child under Section
26B-2-120
, the division shall:
(A)
take the child into physical custody; and
(B)
within three days, excluding weekends and holidays, after the day on which
the child is taken into physical custody under Subsection
(13)(a)(ii)(A)
, give
written notice to the juvenile court, and all parties to the proceedings, of the
division's action.
(b)
Subsection
(13)(a)
does not prohibit the division from placing a child with a relative,
pending the results of the background check described in Subsection
(13)(a)
on the
relative.
(14)
If the juvenile court orders that a child be removed from the custody of the child's
parent and does not award custody and guardianship to another parent, relative, or friend
under this section, the juvenile court shall order that the child be placed in the temporary
custody of the division, to proceed to adjudication and disposition and to be provided
with care and services in accordance with this chapter,
Chapter 2, Child Welfare Services
,
and
Chapter 2a, Removal and Protective Custody of a Child
.
(15)
(a)
If a child reenters the temporary custody or the custody of the division and the
child is not placed with an individual who is a parent, relative, or friend, the division
shall:
(i)
notify the child's former foster parents; and
(ii)
upon a determination of the former foster parents' willingness and ability to safely
and appropriately care for the child, give the former foster parents preference for
placement of the child.
(b)
If, after the shelter hearing, the child is placed with an individual who is not a parent,
a relative, a friend, or a former foster parent of the child, priority shall be given to a
foster placement with a married couple, unless it is in the best interests of the child to
place the child with a single foster parent.
(16)
In determining the placement of a child, the juvenile court and the division may not
take into account, or discriminate against, the religion of an individual with whom the
child may be placed, unless the purpose of taking religion into account is to place the
child with an individual or family of the same religion as the child.
(17)
If the juvenile court's decision differs from a child's express wishes if the child is of
sufficient maturity to articulate the wishes in relation to the child's placement, the
juvenile court shall make findings explaining why the juvenile court's decision differs
from the child's wishes.
(18)
This section does not guarantee that an identified relative or friend will receive custody
of the child.
(19)
(a)
If, for a relative placement, an interstate placement requested under the Interstate
Compact on the Placement of Children has been initiated by the division or is ordered
by or pending before the juvenile court, the court may not finalize a non-relative
placement unless the court gives due weight to:
(i)
the preferential consideration granted to a relative in Section
80-3-302
;
(ii)
the rebuttable presumption in Section
80-3-302
; and
(iii)
the division's placement authority under Subsections
80-1-102(51)
and
80-3-303(1)
.
(b)
Nothing in this section affects the ability of a foster parent to petition the juvenile
court under Subsection
80-3-502(3)
.
Section 8. Section
80-3-303
is amended to read:
80-3-303
. Post-shelter hearing placement of a child in division's temporary
custody.
(1)
If the juvenile court awards temporary custody of a child to the division under Section
80-3-302
, or as otherwise permitted by law, the division shall determine ongoing
placement of the child.
(2)
In placing a child under Subsection
(1)
, the division:
(a)
except as provided in Subsections
(2)(b)
and
(e)
, shall comply with the applicable
background check provisions described in Section
80-3-302
;
(b)
is not required to receive approval from the juvenile court before making the
placement;
(c)
shall consider the preferential consideration and rebuttable presumption described in
Subsection
80-3-302(7)(a)
;
(d)
shall, within three days, excluding weekends and holidays, after the day on which the
placement is made, give written notice to the juvenile court, and the parties to the
proceedings, that the placement has been made;
(e)
may place the child with a noncustodial parent, relative, or friend, using the same
criteria established for an emergency placement under Section
80-2a-301
, pending
the results of:
(i)
the background check described in Subsection
80-3-302(13)(a)
; and
(ii)
evaluation with the noncustodial parent, relative, or friend to determine the
individual's capacity to provide ongoing care to the child; and
(f)
shall take into consideration the will of the child, if the child is of sufficient maturity
to articulate the child's wishes in relation to the child's placement.
(3)
If the division's placement decision differs from a child's express wishes and the child is
of sufficient maturity to state the child's wishes in relation to the child's placement, the
division shall:
(a)
make written findings explaining why the division's decision differs from the child's
wishes; and
(b)
provide the written findings to the juvenile court and the child's attorney guardian ad
litem.
(4)
(a)
An objection by a party to a placement determination or an actual placement with
a parent, relative, or friend that such placement is contrary to the best interest of the
child shall be filed with the juvenile court.
(b)
An objection described in Subsection
(4)(a)
shall be resolved by the juvenile court:
(i)
for an objection to a placement determination or actual placement with a parent,
within 15 days of the filing; or
(ii)
for an objection to a placement determination or actual placement with a relative
or friend, within 30 days of the filing.
(4)
(5)
(a)
If, for a relative placement, an interstate placement requested under the
Interstate Compact on the Placement of Children has been initiated by the division or
is ordered by or pending before the juvenile court, the court may not finalize a
non-relative placement unless the court gives due weight to:
(i)
the preferential consideration granted to a relative in Section
80-3-302
;
(ii)
the rebuttable presumption in Section
80-3-302
; and
(iii)
the division's placement authority under Subsections
80-1-102(51)
and
80-3-303(1)
.
(b)
Nothing in this section affects the ability of a foster parent to petition the juvenile
court under Subsection
80-3-502(3)
.
Section 9. Section
81-13-216
is amended to read:
81-13-216
. Postadoption contact agreement.
(1)
As used in this section:
(a)
"Postadoption contact agreement" means a document, agreed upon
prior to
before

the finalization of an adoption of a minor child
in the custody of the division
, that
outlines the relationship between an adoptive parent, birth parent, or other birth
relative, and the minor child after the finalization of adoption.
(b)
"Other birth relative" means a grandparent, stepparent, sibling, stepsibling, aunt, or
uncle of the child adoptee.
(2)
(a)
Notwithstanding any other provision in this chapter, if a child adoptee
in the
custody of the division
is placed for adoption, the prospective adoptive parent and
birth parent, or other birth relative, may enter into a postadoption contact agreement
as provided in this section.
(b)
A birth parent is not required to be a party to a postadoption contact agreement in
order to permit an open adoption agreement between a prospective adoptive parent
and another birth relative of the child adoptee.
(3)
In order to be legally enforceable, a postadoption contact agreement shall be:
(a)
approved by the court before the finalization of the adoption, with the court making a
specific finding that the agreement is in the best interest of the child adoptee;
(b)
signed by each party claiming a right or obligation in the agreement; and
(c)
if the child adoptee is 12 years old or older, approved by the child adoptee.
(4)
A postadoption contact agreement shall:
(a)
describe:
(i)
visits, if any, that shall take place between the birth parent, other birth relative,
adoptive parent, and child adoptee;
(ii)
the degree of supervision, if any, that shall be required during a visit between a
birth parent, other birth relative, and child adoptee;
(iii)
the information, if any, that shall be provided to a birth parent, or other birth
relative, about the child adoptee and how often that information shall be provided;

and
(iv)
the grounds, if any, on which the adoptive parent may:
(A)
decline to permit visits, described in Subsection
(4)(a)(i)
, between the birth
parent, or other birth relative, and child adoptee; or
(B)
cease providing the information described in Subsection
(4)(a)(iii)
to the birth
parent or other birth relative; and
(b)
state that following the adoption, the court shall presume that the adoptive parent's
judgment about the best interest of the child adoptee is correct in any action seeking
to enforce, modify, or terminate the agreement.
(5)
A postadoption contact agreement may not limit the adoptive parent's ability to move
out of state.
(6)
A postadoption contact agreement may only be modified with the consent of the
adoptive parent.
(7)
In an action seeking enforcement of a postadoption contact agreement:
(a)
an adoptive parent's judgment about the best interest of the child adoptee is entitled
to a presumption of correctness;
(b)
if the party seeking to enforce the postadoption contact agreement successfully
rebuts the presumption described in Subsection
(7)(a)
, the court shall consider
whether:
(i)
the parties performed the duties outlined in the open adoption agreement in good
faith;
(ii)
there is a reasonable alternative that fulfills the spirit of the open adoption
agreement without ordering mandatory compliance with the open adoption
agreement; and
(iii)
enforcement of the open adoption agreement is in the best interest of the child
adoptee; and
(c)
the court shall order the parties to attend mediation, if the presumption in Subsection
(7)(a)
is successfully rebutted and mediation is in the child adoptee's best interest.
(8)
An open adoption agreement that has been found not to be in the best interest of the
child adoptee shall not be enforced.
(9)
Violation of an open adoption agreement is not grounds:
(a)
to set aside an adoption; or
(b)
for an award of money damages.
(10)
Nothing in this section shall be construed to mean that an open adoption agreement is
required before an adoption may be finalized.
(11)
Refusal or failure to agree to a postadoption contact agreement is not admissible in any
adoption proceeding.
(12)
The court that approves a postadoption contact agreement retains jurisdiction over
modification, termination, and enforcement of an approved postadoption contact
agreement.
Section 10.
Effective Date.
This bill takes effect on
May 6, 2026
.
2-22-26 12:55 PM