Utah Admin. Code R512-31-3 - Due Process Rights
(1) As
authorized by Section
62A-4a-206, a foster parent has a
right to due process when a decision is made to remove a foster child from
their home, if the foster parent disagrees with the decision, unless the
removal is to:
(a) return the child to the
child's natural parent or legal guardian;
(b) place the child in an approved adoptive
home;
(c) place the child with a
relative, as defined in Section
80-3-102, who obtained custody or
asserted an interest in the child within the preference period described in
Section 80-3-302; or
(d) place an indian child in accordance with
preplacement preferences and other requirements described in the Indian Child
Welfare Act,
25 USC
1915 (January 3, 2007).
(2) As authorized by Section 80-3-502, a
separate judicial process is available to contest the removal of a foster child
from the foster parent. This process is available when the child has been in
the foster home for at least 12 months, unless the removal is for the reasons
cited in Subsection R512-31-3(1).
To utilize this judicial process, the foster parent is not required to exhaust
the administrative remedies listed in Section
R512-31-6.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.