Best Interests of the Child

Statute: Utah Code Ann. § 78-3a-402(2) (1996)

Law:

Wherever possible, family life should be strengthened and preserved, but if a parent is found, by reason of his conduct or condition, to be unfit or incompetent based upon any of the grounds for termination described in this part, the court shall then consider the welfare and best interest of the child of paramount importance in determining whether termination of parental rights shall be ordered.

Concurrent Planning

Statute: Utah Code Ann. § 78-3a-311(2)(b) (West, WESTLAW through 2002 5th Spec. Sess.)

Law:

In addition to the primary permanency goal, the court shall establish a concurrent permanency goal. The concurrent permanency goal shall include a representative list of the conditions under which the primary permanency goal will be abandoned in favor of the concurrent permanency goal and an explanation of the effect of abandoning or modifying the primary permanency goal.

A permanency hearing shall be conducted within 30 days if something other than reunification is initially established at the child's primary permanency goal.

The court may amend a child's primary permanency goal before establishment of a final permanency plan under § 78-3a-312. The court is not limited to the terms of the concurrent permanency goal in the event that the primary permanency goal is abandoned. If, at any time, the court determines that reunification is no longer a child's primary permanency goal, the court shall conduct a permanency hearing within the earlier of 30 days of the court's determination or 12 months from the original removal of the child.