62A-4a-205 - Child and family plan -- Parent-time.
62A-4a-205. Child and family plan -- Parent-time.
(1) No more than 45 days after a child enters the temporary custody of the division, thechild's child and family plan shall be finalized.
(2) (a) The division may use an interdisciplinary team approach in developing each childand family plan.
(b) The interdisciplinary team described in Subsection (2)(a) may include representativesfrom the following fields:
(i) mental health;
(ii) education; and
(iii) if appropriate, law enforcement.
(3) (a) The division shall involve all of the following in the development of a child'schild and family plan:
(i) both of the child's natural parents, unless the whereabouts of a parent are unknown;
(ii) the child;
(iii) the child's foster parents; and
(iv) if appropriate, the child's stepparent.
(b) In relation to all information considered by the division in developing a child andfamily plan, additional weight and attention shall be given to the input of the child's natural andfoster parents upon their involvement pursuant to Subsections (3)(a)(i) and (iii).
(c) (i) The division shall make a substantial effort to develop a child and family plan withwhich the child's parents agree.
(ii) If a parent does not agree with a child and family plan:
(A) the division shall strive to resolve the disagreement between the division and theparent; and
(B) if the disagreement is not resolved, the division shall inform the court of thedisagreement.
(4) A copy of the child and family plan shall, immediately upon completion, or as soonas reasonably possible thereafter, be provided to the:
(a) guardian ad litem;
(b) child's natural parents; and
(c) child's foster parents.
(5) Each child and family plan shall:
(a) specifically provide for the safety of the child, in accordance with federal law; and
(b) clearly define what actions or precautions will, or may be, necessary to provide forthe health, safety, protection, and welfare of the child.
(6) The child and family plan shall set forth, with specificity, at least the following:
(a) the reason the child entered into the custody of the division;
(b) documentation of the:
(i) reasonable efforts made to prevent placement of the child in the custody of thedivision; or
(ii) emergency situation that existed and that prevented the reasonable efforts describedin Subsection (6)(b)(i), from being made;
(c) the primary permanency goal for the child and the reason for selection of that goal;
(d) the concurrent permanency goal for the child and the reason for the selection of thatgoal;
(e) if the plan is for the child to return to the child's family:
(i) specifically what the parents must do in order to enable the child to be returned home;
(ii) specifically how the requirements described in Subsection (6)(e)(i) may beaccomplished; and
(iii) how the requirements described in Subsection (6)(e)(i) will be measured;
(f) the specific services needed to reduce the problems that necessitated placing the childin the division's custody;
(g) the name of the person who will provide for and be responsible for case management;
(h) subject to Subsection (10), a parent-time schedule between the natural parent and thechild;
(i) subject to Subsection (7), the health and mental health care to be provided to addressany known or diagnosed mental health needs of the child;
(j) if residential treatment rather than a foster home is the proposed placement, arequirement for a specialized assessment of the child's health needs including an assessment ofmental illness and behavior and conduct disorders; and
(k) social summaries that include case history information pertinent to case planning.
(7) (a) Subject to Subsection (7)(b), in addition to the information required underSubsection (6)(i), the plan shall include a specialized assessment of the medical and mentalhealth needs of a child, if the child:
(i) is placed in residential treatment; and
(ii) has medical or mental health issues that need to be addressed.
(b) Notwithstanding Subsection (7)(a), a parent shall retain the right to seek a separatemedical or mental health diagnosis of the parent's child from a licensed practitioner of theparent's choice.
(8) (a) Each child and family plan shall be specific to each child and the child's family,rather than general.
(b) The division shall train its workers to develop child and family plans that complywith:
(i) federal mandates; and
(ii) the specific needs of the particular child and the child's family.
(c) All child and family plans and expectations shall be individualized and containspecific time frames.
(d) Subject to Subsection (8)(h), child and family plans shall address problems that:
(i) keep a child in placement; and
(ii) keep a child from achieving permanence in the child's life.
(e) Each child and family plan shall be designed to minimize disruption to the normalactivities of the child's family, including employment and school.
(f) In particular, the time, place, and amount of services, hearings, and otherrequirements ordered by the court in the child and family plan shall be designed, as much aspracticable, to help the child's parents maintain or obtain employment.
(g) The child's natural parents, foster parents, and where appropriate, stepparents, shallbe kept informed of and supported to participate in important meetings and procedures related tothe child's placement.
(h) For purposes of Subsection (8)(d), a child and family plan may only includerequirements that:
(i) address findings made by the court; or
(ii) (A) are requested or consented to by a parent or guardian of the child; and
(B) are agreed to by the division and the guardian ad litem.
(9) (a) Except as provided in Subsection (9)(b), with regard to a child who is three yearsof age or younger, if the goal is not to return the child home, the permanency plan for that childshall be adoption.
(b) Notwithstanding Subsection (9)(a), if the division documents to the court that there isa compelling reason that adoption, reunification, guardianship, and a placement described inSubsection 78A-6-306(6)(e) are not in the child's best interest, the court may order anotherplanned permanent living arrangement in accordance with federal law.
(10) (a) Except as provided in Subsection (10)(b), parent-time may only be denied by acourt order issued pursuant to Subsections 78A-6-312(2)(a)(ii) and (b).
(b) Notwithstanding Subsection (10)(a), the person designated by the division or a courtto supervise a parent-time session may deny parent-time for that session if the supervising persondetermines that, based on the parent's condition, it is necessary to deny parent-time in order to:
(i) protect the physical safety of the child;
(ii) protect the life of the child; or
(iii) consistent with Subsection (10)(c), prevent the child from being traumatized bycontact with the parent.
(c) In determining whether the condition of the parent described in Subsection (10)(b)will traumatize a child, the person supervising the parent-time session shall consider the impactthat the parent's condition will have on the child in light of:
(i) the child's fear of the parent; and
(ii) the nature of the alleged abuse or neglect.
Amended by Chapter 161, 2009 General Session