78B-6-112 - District court jurisdiction over certain termination of parental rights proceedings.
78B-6-112. District court jurisdiction over certain termination of parental rightsproceedings.
(1) A district court has jurisdiction to hear and decide a petition to terminate parentalrights in a child if the party who filed the petition is seeking to terminate parental rights in thechild for the purpose of facilitating the adoption of the child.
(2) A petition to terminate parental rights under this section may be:
(a) joined with a proceeding on an adoption petition; or
(b) filed as a separate proceeding before or after a petition to adopt the child is filed.
(3) A court may enter a final order terminating parental rights before a final decree ofadoption is entered.
(4) (a) Nothing in this section limits the jurisdiction of a juvenile court relating toproceedings to terminate parental rights as described in Section 78A-6-103.
(b) This section does not grant jurisdiction to a district court to terminate parental rightsin a child if the child is under the jurisdiction of the juvenile court in a pending abuse, neglect,dependency, or termination of parental rights proceeding.
(5) The district court may terminate a person's parental rights in a child if:
(a) the person executes a voluntary consent to adoption, or relinquishment for adoption,of the child, in accordance with:
(i) the requirements of this chapter; or
(ii) the laws of another state or country, if the consent is valid and irrevocable;
(b) the person is an unmarried biological father who is not entitled to consent toadoption, or relinquishment for adoption, under Section 78B-6-120 or 78B-6-121;
(c) the person:
(i) received notice of the adoption proceeding relating to the child under Section78B-6-110; and
(ii) failed to file a motion for relief, under Subsection 78B-6-110(6), within 30 days afterthe day on which the person was served with notice of the adoption proceeding;
(d) the court finds, under Section 78B-15-607, that the person is not a parent of the child;or
(e) the person's parental rights are terminated on grounds described in Title 78A, Chapter6, Part 5, Termination of Parental Rights Act.
Amended by Chapter 237, 2010 General Session