2006 Utah Code - 78-3a-313 — Periodic review hearings -- Foster care citizen review boards.

     78-3a-313.   Periodic review hearings -- Foster care citizen review boards.
     (1) Pursuant to federal law, periodic review hearings shall be held no less frequently than once every six months, either by the court or by a foster care citizen review board, in accordance with the provisions of Chapter 3g. In districts or areas where foster care citizen review boards have not been established, either the court or the Division of Child and Family Services shall conduct the review. In districts where they are established, foster care citizen review boards shall be considered to be the panels described in 42 U.S.C. Sections 675(5) and (6), which are required to conduct periodic reviews unless court reviews are conducted.
     (2) (a) Within 30 days after completion of a review, a foster care citizen review board shall submit a copy of its dispositional report to the court to be made a part of the court's legal file, and provide copies to all parties to an action. In districts or areas where the Division of Child and Family Services conducts a review, it shall provide copies of its report to the court and to all parties within 30 days after completion of its review.
     (b) In accordance with Section 78-3g-103, dispositional reports of foster care citizen review boards shall be received and reviewed by the court in the same manner as the court receives and reviews the reports described in Section 78-3a-505. The report by a board, if determined to be an ex parte communication with a judge, shall be considered a communication authorized by law. Foster care citizen review board dispositional reports may be received as evidence, and may be considered by the court along with other evidence. The court may require any person who participated in the dispositional report to appear as a witness if the person is reasonably available.

Amended by Chapter 68, 1998 General Session
Amended by Chapter 171, 1998 General Session