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12-15-315
Section 12-15-315 Permanency hearing for Department of Human Resources cases only. (a)
Within 12 months of the date a child is removed from the home and placed in out-of-home care,
and not less frequently than every 12 months thereafter during the continuation of the child
in out-of-home care, the juvenile court shall hold a permanency hearing. The Department of
Human Resources shall present to the juvenile court at the hearing a permanent plan for the
child. The juvenile court shall consult with the child, in an age-appropriate manner, regarding
the permanency plan and any transition plan to independent living. If a permanent plan is
not presented to the juvenile court at this hearing, there shall be a rebuttable presumption
that the child should be returned home. This provision is intended to ensure that a permanent
plan is prepared by the Department of Human Resources and presented to the juvenile court
within 12 months of the placement of any child in foster care and no less...
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12-15-314
Section 12-15-314 Dispositions for dependent children. (a) If a child is found to be
dependent, the juvenile court may make any of the following orders of disposition to protect
the welfare of the child: (1) Permit the child to remain with the parent, legal guardian,
or other legal custodian of the child, subject to conditions and limitations as the juvenile
court may prescribe. (2) Place the child under protective supervision under the Department
of Human Resources. (3) Transfer legal custody to any of the following: a. The Department
of Human Resources. b. A local public or private agency, organization, or facility willing
and able to assume the education, care, and maintenance of the child and which is licensed
by the Department of Human Resources or otherwise authorized by law to receive and provide
care for the child. c. A relative or other individual who, after study by the Department of
Human Resources, is found by the juvenile court to be qualified to receive and care for the...
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12-15-319
Section 12-15-319 Grounds for termination of parental rights; factors considered; presumption
arising from abandonment. (a) If the juvenile court finds from clear and convincing evidence,
competent, material, and relevant in nature, that the parents of a child are unable or unwilling
to discharge their responsibilities to and for the child, or that the conduct or condition
of the parents renders them unable to properly care for the child and that the conduct or
condition is unlikely to change in the foreseeable future, it may terminate the parental rights
of the parents. In a hearing on a petition for termination of parental rights, the court shall
consider the best interests of the child. In determining whether or not the parents are unable
or unwilling to discharge their responsibilities to and for the child and to terminate the
parental rights, the juvenile court shall consider the following factors including, but not
limited to, the following: (1) That the parents have abandoned...
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12-15-301
Section 12-15-301 Definitions. For purposes of this article, the following words and
phrases shall have the following meanings: (1) ABANDONMENT. A voluntary and intentional relinquishment
of the custody of a child by a parent, or a withholding from the child, without good cause
or excuse, by the parent, of his or her presence, care, love, protection, maintenance, or
the opportunity for the display of filial affection, or the failure to claim the rights of
a parent, or failure to perform the duties of a parent. (2) AGE APPROPRIATE or DEVELOPMENTALLY
APPROPRIATE. Activities or items that are generally accepted as suitable for children of the
same chronological age or level of maturity or that are determined to be developmentally appropriate
for a child based on the development of cognitive, emotional, physical, and behavioral capacities
that are typical for an age or age group and, in the case of a specific child, activities
or items that are suitable for the child based on the...
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38-12A-2
Section 38-12A-2 Enumeration of rights. The Department of Human Resources shall ensure
that each foster parent shall have all of the following rights: (1) The right to be treated
with dignity, respect, trust, value, and consideration as a primary provider of foster care
and a member of the professional team caring for foster children. (2) The right to receive
information concerning the rights enumerated in this section. (3) The right to a concise
written explanation of their role as foster parents in partnership with children and their
families, the department, and other providers, the role of the department, and the rights
and role of the members of the birth family of a child in foster care. (4) The right to training
and support for the purpose of improving skills in providing daily care and meeting the needs
of the child in foster care. (5) The right to training, consultation, and assistance in evaluating,
identifying, and accessing services to meet their needs related to their role...
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12-15-312
Section 12-15-312 Reasonable efforts in judicial determinations; situations in which
reasonable efforts are not required to be made. (a) When the juvenile court enters an order
removing a child from his or her home and places the child into foster care or custody of
the Department of Human Resources pursuant to this chapter, the order shall contain specific
findings, if warranted by the evidence, within the following time periods while making child
safety the paramount concern: (1) In the first order of the juvenile court that sanctions
the removal, whether continuation of the residence of the child in the home would be contrary
to the welfare of the child. This order may be the pick-up order that the juvenile court issues
on the filing of a dependency petition. (2) Within 60 days after the child is removed from
the home of the child, whether reasonable efforts have been made to prevent removal of the
child or whether reasonable efforts were not required to be made. (3) Within 12...
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26-14-8
Section 26-14-8 Statewide central registry. (a) For the purposes of this section,
the following words shall have the following meanings, respectively: (1) INDICATED. When credible
evidence and professional judgment substantiates that an alleged perpetrator is responsible
for child abuse or neglect. (2) NOT INDICATED. When credible evidence and professional judgment
does not substantiate that an alleged perpetrator is responsible for child abuse or neglect.
(b) The Department of Human Resources shall establish a statewide central registry for reports
of child abuse and neglect made pursuant to this chapter. The central registry shall contain,
but shall not be limited to: (1) All information in the written report; (2) Record of the
final disposition of the report, including services offered and services accepted; (3) The
names and identifying data, dates, and circumstances of any persons requesting or receiving
information from the registry; provided, however, that requests for...
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12-15-215
Section 12-15-215 Disposition of delinquent children or children in need of supervision
generally. (a) If the juvenile court finds on proof beyond a reasonable doubt, based upon
competent, material, and relevant evidence, that a child committed the acts by reason of which
the child is alleged to be delinquent or in need of supervision, it may proceed immediately
to hear evidence as to whether the child is in need of care or rehabilitation and to file
its findings thereon. In the absence of evidence to the contrary, a finding that the child
has committed an act which constitutes a felony is sufficient to sustain a finding that the
child is in need of care or rehabilitation. If the juvenile court finds that the child is
not in need of care or rehabilitation, it shall dismiss the proceedings and discharge the
child from any detention or other temporary care theretofore ordered. If the juvenile court
finds that the child is in need of care or rehabilitation, it may make any of the...
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38-12-2
Section 38-12-2 Program established. (a) There is established a Kinship Foster Care
Program in the State Department of Human Resources. (b) When a child has been removed from
his or her home and is in the care, custody, or guardianship of the department, the department
shall attempt to place the child with a relative for kinship foster care. If the relative
is approved by the department to provide foster care services, in accordance with rules and
regulations adopted by the department regarding foster care services, and a placement with
the relative is made, the relative may receive payment for the full foster care rate only
as provided by federal law for the care of the child and any other benefits that might be
available to foster parents, whether in money or in services. Foster care payments shall cease
upon the effective date of the kinship subsidiary payments or as provided by the department.
(c) The department shall establish standards for becoming a kinship foster parent as...
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12-15-317
Section 12-15-317 Who may file petition. The Department of Human Resources, any public
or private licensed child-placing agency, parent, child, or any interested person may file
a petition to terminate the parental rights of a parent or parents of a child. (1) Mandatory
filing of petition by the Department of Human Resources. The Department of Human Resources
shall be required to file a petition to terminate the parental rights of a parent or parents
of a child, or if the petition has been filed by another party, shall seek to be joined as
a party to the petition, and, concurrently, to identify, recruit, process, and approve a qualified
family for adoption, in the following circumstances: a. In the case of a child who has been
in foster care in the custody of the Department of Human Resources for 12 of the most recent
22 months. b. If a child has been abandoned. c. If the parent has committed murder of another
child of that parent. d. If the parent has committed manslaughter of another...
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