Utah Admin. Code 512-301-5

Current through Bulletin No. 2024-21, November 1, 2024

Section R512-301-5 - Guidelines for Making Recommendations for Reunification to the Court

(1) In accordance with Section 62A-4a-205, when considering reunification, the child's health, safety, and welfare shall be the paramount concern.

(2) The child and family team shall consider the following factors in determining whether to recommend that the court order reunification:

(a) the risk factors that led to the placement were acute rather than chronic;

(b) the child and family assessments, including the safety, risk, and family functioning assessments, as well as any other pertinent assessments, conclude that the parent appears to have or has developed the ability to ensure the child's safety and provide a nurturing environment;

(c) the parent is committed to the child and indicates a desire to have the child returned home;

(d) the child has a desire for reunification, as determined using age appropriate assessments;

(e) members of the child and family team support a reunification plan;

(f) if the parent is no longer living with the individual who severely abused the minor, reunification may be considered when the parent can implement a plan that ensures the child's ongoing safety; and

(g) existence of factors or exceptions that preclude reunification as specified in Section 80-3-406.

(3) Child and Family Services shall provide additional relevant facts, when available, to assist the court in making a determination regarding the appropriateness of reunification services, such as:

(a) the parent's failure to respond to previous services or child and family plans;

(b) the child being abused while the parent was under the influence of drugs or alcohol, and whether the parent's substance abuse continues to impact their ability to safely parent;

(c) continuation of a chaotic, dysfunctional lifestyle;

(d) the parent's past history of violent behavior and whether any behavioral changes have been made to address that behavior; and

(e) the testimony of a properly qualified professional or expert witness that the parent's behavior is unlikely to be successfully changed.

Utah Admin. Code R512-301-5

Amended by Utah State Bulletin Number 2016-3, effective 1/7/2016

Amended by Utah State Bulletin Number 2022-07, effective 3/11/2022