78A-6-507 - Grounds for termination of parental rights -- Findings regarding reasonable efforts.
78A-6-507. Grounds for termination of parental rights -- Findings regardingreasonable efforts.
(1) The court may terminate all parental rights with respect to a parent if the court findsany one of the following:
(a) that the parent has abandoned the child;
(b) that the parent has neglected or abused the child;
(c) that the parent is unfit or incompetent;
(d) (i) that the child is being cared for in an out-of-home placement under the supervisionof the court or the division;
(ii) that the parent has substantially neglected, wilfully refused, or has been unable orunwilling to remedy the circumstances that cause the child to be in an out-of-home placement;and
(iii) that there is a substantial likelihood that the parent will not be capable of exercisingproper and effective parental care in the near future;
(e) failure of parental adjustment, as defined in this chapter;
(f) that only token efforts have been made by the parent:
(i) to support or communicate with the child;
(ii) to prevent neglect of the child;
(iii) to eliminate the risk of serious harm to the child; or
(iv) to avoid being an unfit parent;
(g) (i) that the parent has voluntarily relinquished the parent's parental rights to the child;and
(ii) that termination is in the child's best interest;
(h) that, after a period of trial during which the child was returned to live in the child'sown home, the parent substantially and continuously or repeatedly refused or failed to give thechild proper parental care and protection; or
(i) the terms and conditions of safe relinquishment of a newborn child have beencomplied with, pursuant to Title 62A, Chapter 4a, Part 8, Safe Relinquishment of a NewbornChild.
(2) The court may not terminate the parental rights of a parent because the parent hasfailed to complete the requirements of a child and family plan.
(3) (a) Except as provided in Subsection (3)(b), in any case in which the court hasdirected the division to provide reunification services to a parent, the court must find that thedivision made reasonable efforts to provide those services before the court may terminate theparent's rights under Subsection (1)(b), (c), (d), (e), (f), or (h).
(b) Notwithstanding Subsection (3)(a), the court is not required to make the findingunder Subsection (3)(a) before terminating a parent's rights:
(i) under Subsection (1)(b), if the court finds that the abuse or neglect occurredsubsequent to adjudication; or
(ii) if reasonable efforts to provide the services described in Subsection (3)(a) are notrequired under federal law.
Renumbered and Amended by Chapter 3, 2008 General Session