Utah Admin. Code R512-301-8 - Termination of Parental Rights
(1) If a
court determines that reunification services are not appropriate, Child and
Family Services shall petition for termination of parental rights in accordance
with Section
80-3-409.
(2) Child and Family Services shall document
in the child and family plan and the court report when a determination is made
that there are compelling reasons that filing for termination of parental
rights is not in the child's best interest and shall make the plan available to
the court for review.
(3) When
Child and Family Services files a petition to terminate parental rights, if a
permanent family has not already been identified for the child, the caseworker
must concurrently begin to identify, recruit, process, and seek approval of a
qualified adoptive family for the child. These efforts must be documented in
the case record as specified in Rule R512-300.
(4) If the child is Native American, the
Indian Child Welfare Act of 1978,
25 USC
1913, applies.
(5) Child and Family Services shall not give
approval to finalize an adoption until the period to appeal a termination of
parental rights has expired. If an appeal has been filed, the adoption may not
be finalized until the appeal is resolved.
Notes
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