Utah Code § 80-2a-302

Reasonable efforts to maintain a child in the home -- Exception -- Reasonable
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efforts for reunification.
(1) Because removal of a child from the child's home affects protected, constitutional rights of the
parent and has a dramatic, long-term impact on a child, the division shall:
(a) if possible and appropriate, without danger to the child's welfare, make reasonable efforts to
prevent or eliminate the need for removal of a child from the child's home before the day on
which the child is placed in substitute care;
(b) determine whether there is substantial cause to believe that a child has been or is in danger
of abuse or neglect, in accordance with the guidelines described in Chapter 3, Abuse,
Neglect, and Dependency Proceedings, before removing the child from the child's home; and
(c) if possible and appropriate, and in accordance with the limitations and requirements of
Sections 80-3-406 and 80-3-409, make reasonable efforts to make it possible for a child in
substitute care to return to the child's home.
(2)
(a) In determining the reasonableness of efforts needed to maintain a child in the child's home
or to return a child to the child's home, in accordance with Subsection (1)(a) or (c), the child's
health, safety, and welfare shall be the paramount concern.
(b) The division shall consider whether the efforts described in Subsections (1) and (2) are likely
to prevent abuse or continued neglect of the child.
(3) If removal and placement in substitute care is necessary to protect a child, the efforts described
in Subsections (1) and (2):
(a) are not reasonable or appropriate; and
(b) should not be utilized.
(4) Subject to Subsection (5), in cases where sexual abuse, sexual exploitation, abandonment,
severe abuse, or severe neglect are involved, the state has no duty to make reasonable efforts
to, in any way, attempt to:
(a) maintain a child in the child's home;
(b) provide reunification services; or
(c) rehabilitate the offending parent or parents.
(5) Subsection (4) does not exempt the division from providing court ordered services.
Renumbered and Amended by Chapter 334, 2022 General Session

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