§ 78A-6-1404. Hearing on the petition to restore parental rights.

(1) At the hearing on the petition described in Section 78A-6-1403, if the former parent consents and if the court finds by clear and convincing evidence that it is in the best interest of the child, the court may:

(a) allow contact between the former parent and child, and describe the conditions under which contact may take place;

(b) order that the child be placed with the former parent in a temporary custody and guardianship relationship, to be reevaluated six months from the day on which the child is placed; or

(c) restore the parental rights of the parent.

(2) The court may restore the parent-child legal relationship for a child who is younger than 12 years of age if:

(a) the petitioner:

(i) is a sibling of the child;

(ii) meets the requirements of Subsection 78A-6-1403(1); and

(iii) includes the child who is younger than 12 years of age in the petition described in Section 78A-6-1403;

(b) the child who is younger than 12 years of age meets the requirements of Subsections 78A-6-1403(1)(b) and (c);

(c) considering the age and maturity of the child, the child consents to the restoration;

(d) the former parent consents to the restoration; and

(e) the court finds by clear and convincing evidence that restoration is in the best interest of the child who is younger than 12 years of age.

(3) In determining whether reunification is appropriate and in the best interest of the child, the court shall consider:

(a) whether the former parent has been sufficiently rehabilitated from the behavior that resulted in the termination of the parent-child relationship;

(b) extended family support for the former parent; and

(c) other material changes of circumstances, if any, that may have occurred that warrant the granting of the motion.

(4) If the court orders the child to be placed in the physical custody of the former parent under Subsection (1), the court shall specify in the order:

(a) whether that custody is subject to:

(i) continued evaluation by the court; or

(ii) the supervision of the division; and

(b) the terms and conditions of reunification.

Enacted by Chapter 340, 2013 General Session