Section 1404 - Hearing on the petition to restore parental rights.

UT Code § 78A-6-1404 (2019) (N/A)
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(1) The court may restore the parent-child legal relationship if: (a) the child meets the requirements of Subsection 78A-6-1403(1); (b) considering the age and maturity of the child, the child consents to the restoration; (c) the former parent consents to the restoration; and (d) the court finds by clear and convincing evidence that restoration is in the best interest of the child.

(a) the child meets the requirements of Subsection 78A-6-1403(1);

(b) considering the age and maturity of the child, the child consents to the restoration;

(c) the former parent consents to the restoration; and

(d) the court finds by clear and convincing evidence that restoration is in the best interest of the child.

(2) In determining whether reunification is appropriate and in the best interest of the child, the court shall consider: (a) whether the former parent has been sufficiently rehabilitated from the behavior that resulted in the termination of the parent-child relationship; (b) extended family support for the former parent; and (c) other material changes of circumstances, if any, that may have occurred that warrant the granting of the motion.

(a) whether the former parent has been sufficiently rehabilitated from the behavior that resulted in the termination of the parent-child relationship;

(b) extended family support for the former parent; and

(c) other material changes of circumstances, if any, that may have occurred that warrant the granting of the motion.

(3) At the hearing on a petition described in Section 78A-6-1403, if the former parent consents and if the court finds by clear and convincing evidence that it is in the best interest of the child, the court may: (a) allow contact between the former parent and the child, and describe the conditions under which contact may take place; (b) order that the child be placed with the former parent, in a temporary custody and guardianship relationship, to be reevaluated after the child has been placed with the former parent for six months; or (c) restore the parental rights of the parent.

(a) allow contact between the former parent and the child, and describe the conditions under which contact may take place;

(b) order that the child be placed with the former parent, in a temporary custody and guardianship relationship, to be reevaluated after the child has been placed with the former parent for six months; or

(c) restore the parental rights of the parent.

(4) If the court orders the child to be placed in the physical custody of the former parent under Subsection (3), the court shall specify in the order: (a) whether that custody is subject to: (i) continued evaluation by the court; or (ii) the supervision of the division; and (b) the terms and conditions of reunification.

(a) whether that custody is subject to: (i) continued evaluation by the court; or (ii) the supervision of the division; and

(i) continued evaluation by the court; or

(ii) the supervision of the division; and

(b) the terms and conditions of reunification.