§ 78A-6-1403. Petition to restore parental rights -- Duties of the division.

(1) A child, or an authorized representative acting on behalf of a child, may file a petition to restore parental rights if:

(a) the child is 12 years of age or older or as provided in Subsection (2)(b);

(b) 24 months have passed since the court ordered termination of the parent-child legal relationship; and

(c) the child:

(i) has not been adopted and is not in an adoptive placement, or is unlikely to be adopted before the child is 18 years of age; or

(ii) was previously adopted following a termination of a parent-child legal relationship, but the adoption failed and the child was returned to the custody of the division.

(2)

(a) A child younger than 12 years of age may not petition for restoration of parental rights except as provided in Subsection (2)(b).

(b) A child 12 years of age or older, or the child's authorized representative, may petition for restoration of parental rights, and if the child has a sibling who is younger than 12 years of age, the child may include the sibling in the petition.

(c) The court may grant a petition for restoration of parental rights for a child younger than 12 years of age as described in Subsection 78A-6-1404(2).

(3) The petition described in Subsection (1) shall be:

(a) filed in the juvenile court that previously terminated the parent-child relationship; and

(b) served on the division.

(4) The division shall notify and inform a child who qualifies for restoration of parental rights under Subsections (1)(a) through (c) that the child is eligible to petition for restoration under this part.

(5) Upon the receipt of a petition to restore parental rights, the division shall:

(a) make a diligent effort to locate the former parent whose rights may be restored under this part; and

(b) if the former parent is found, as described in Subsection (5)(a), notify the former parent of:

(i) the legal effects of restoration; and

(ii) the time and date of the hearing on the petition.

(6) The court shall set a hearing on the petition at least 30 days, but no more than 60 days, after the day on which the petition is filed with the court.

(7) Before the hearing described in Subsection (6), the division may submit a confidential report to the court that includes the following information:

(a) material changes in circumstances since the termination of parental rights;

(b) a summary of the reasons why parental rights were terminated;

(c) the date on which parental rights were terminated;

(d) the willingness of the former parent to resume contact with the child and have parental rights restored;

(e) the ability of the former parent to be involved in the life of the child and accept physical custody of, and responsibility for, the child; and

(f) any other information the division reasonably considers appropriate and determinative.

Enacted by Chapter 340, 2013 General Session