Findings regarding child and family plan compliance. (1) If reunification efforts have been ordered by the juvenile court under Section 80-3-406, the juvenile court shall hold a hearing no more than six months after the day on which the minor is initially removed from the minor's home, in order for the juvenile court to determine whether: (a) the division has provided and is providing reasonable efforts to reunify the family in accordance with the child and family plan; (b) the parent has fulfilled or is fulfilling identified duties and responsibilities in order to comply with the requirements of the child and family plan; and (c) the division considered the preferential consideration and rebuttable presumption described in Subsections 80-3-302(7)(a) and 80-3-303(2)(c). (2) (a) At the hearing described in Subsection (1), if a child remains in an out-of-home placement, the juvenile court shall: (i) make specific findings regarding the conditions of parent-time that are in the child's best interest; and (ii) if parent-time is denied, state the facts that justify the denial. (b) Parent-time shall be under the least restrictive conditions necessary to: (i) protect the physical safety of the child; or (ii) prevent the child from being traumatized by contact with the parent due to the child's fear of the parent in light of the nature of the alleged abuse or neglect. (c) (i) The division or the person designated by the division or a court to supervise a parent-time session may deny parent-time for the session if the division or the supervising person determines that, based on the parent's condition, it is necessary to deny parent-time to: (A) protect the physical safety of the child; (B) protect the life of the child; or (C) consistent with Subsection (2)(c)(ii), prevent the child from being traumatized by contact with the parent. (ii) In determining whether the condition of the parent described in Subsection (2)(c)(i) will traumatize a child, the division or the person supervising the parent-time session shall consider the impact that the parent's condition will have on the child in light of: (A) the child's fear of the parent; and (B) the nature of the alleged abuse or neglect. (3) (a) If, for a relative placement, an interstate placement requested under the Interstate Compact on the Placement of Children has been initiated by the division or is ordered by or pending before the juvenile court, the court may not finalize a non-relative placement unless the court gives due weight to: (i) the preferential consideration granted to a relative in Section 80-3-302; (ii) the rebuttable presumption in Section 80-3-302; and (iii) the division's placement authority under Subsections 80-1-102(51) and 80-3-303(1). (b) Nothing in this section affects the ability of a foster parent to petition the juvenile court under Subsection 80-3-502(3).
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