(1) As used in this section: (a) "Abuse" means the same as that term is defined in Section 80-1-102. (b) "Abuse" includes an offense described in: (i) Section 76-5-109, child abuse; (ii) Section 76-6-109.2, aggravated child abuse; (iii) Section 76-5-109.3, child abandonment; (iv) Section 76-5-109.4, child torture; (v) Section 76-5-114, commission of domestic violence in the presence of a child; or (vi) Section 76-5-208, child abuse homicide. (2) A court may order supervised parent-time of a minor child in accordance with Section 81-9-104 if the court finds: (a) evidence that the minor child is likely to be subject to physical harm, emotional harm, or abuse from the noncustodial parent if left unsupervised with the noncustodial parent; (b) it is necessary to protect the minor child; and (c) there are no less restrictive means reasonably available. (3) If the court finds evidence of domestic violence, child abuse, or an ongoing risk to a child, and orders supervised parent-time, the court shall give preference to supervision by a professional individual or private agency trained in child abuse reporting laws, the developmental needs of a child, and the dynamics of domestic violence, child abuse, sexual abuse, and substance abuse. (4) If a professional individual or private agency described in Subsection (3) is not available, affordable, or practicable under the circumstances, a court shall give preference to supervision by an individual who is: (a) capable and willing to provide physical and psychological safety and security to the minor child, and to assist in the avoidance and prevention of domestic and family violence; and (b) is trained in child abuse reporting laws, the developmental needs of a child, and the dynamics of domestic violence, child abuse, sexual abuse, and substance abuse. (5) If an individual described in Subsection (3) or (4) is not available, affordable, or practicable under the circumstances, or if the court does not find evidence of domestic violence, child abuse, or an ongoing risk to a minor child, a court may order supervised parent-time that is supervised by an individual who is willing to supervise, and is capable of protecting the minor child from physical or emotional harm, or child abuse, and the court shall give preference to individuals suggested by the parties, including relatives. (6) At the time supervised parent-time is imposed, the court shall consider: (a) whether the cost of professional or agency services is likely to prevent the noncustodial parent from exercising parent-time; and (b) whether the requirement for supervised parent-time should expire after a set period of time. (7) (a) Except when the court makes a finding that, due to abuse by or the incapacity of the noncustodial parent, supervised parent-time will be necessary indefinitely to ensure the physical or psychological safety and protection of the minor child, the court shall, in the court's order for supervised parent-time, provide specific goals and expectations for the noncustodial parent to accomplish before unsupervised parent-time may be granted. (b) The court shall schedule one or more follow-up hearings to revisit the issue of supervised parent-time. (8) A noncustodial parent may, at any time, petition the court to modify the order for supervised parent-time if the noncustodial parent can demonstrate that the specific goals and expectations set by the court as described in Subsection (7) have been accomplished.
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