There is a newer version
of
this Section
2019 Utah Code
Title 78A - Judiciary and Judicial Administration
Chapter 6 - Juvenile Court Act
Part 5 - Termination of Parental Rights Act
Section 509 - Specific considerations where child is not in physical custody of parent.
Universal Citation: UT Code § 78A-6-509 (2019)
78A-6-509. Specific considerations where child is not in physical custody of parent.
Renumbered and Amended by Chapter 3, 2008 General Session
- (1) If a child is not in the physical custody of the parent or parents, the court, in determining whether parental rights should be terminated shall consider, but is not limited to, the following:
- (a) the physical, mental, or emotional condition and needs of the child and his desires regarding the termination, if the court determines he is of sufficient capacity to express his desires; and
- (b) the effort the parent or parents have made to adjust their circumstances, conduct, or conditions to make it in the child's best interest to return him to his home after a reasonable length of time, including but not limited to:
- (i) payment of a reasonable portion of substitute physical care and maintenance, if financially able;
- (ii) maintenance of regular parent-time or other contact with the child that was designed and carried out in a plan to reunite the child with the parent or parents; and
- (iii) maintenance of regular contact and communication with the custodian of the child.
- (2) For purposes of this section, the court shall disregard incidental conduct, contributions, contacts, and communications.
Renumbered and Amended by Chapter 3, 2008 General Session
Disclaimer: These codes may not be the most recent version. Utah may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
