§ 78A-6-315. Periodic review hearings.

(1) At least every six months, the division or the court shall conduct a periodic review of the status of each child in the custody of the division, until the court terminates the division's custody of the child.

(2)

(a) The review described in Subsection (1) shall be conducted in accordance with the requirements of the case review system described in 42 U.S.C. Section 675.

(b) If a review described in Subsection (1) is conducted by the division, the division shall:

(i) conduct the review in accordance with the administrative review requirements of 42 U.S.C. Section 675; and

(ii) to the extent practicable, involve volunteer citizens in the administrative review process.

(3)

(a) Within 30 days after completion of a review conducted by the division, the division shall:

(i) submit a copy of its dispositional report to the court to be made a part of the court's legal file; and

(ii) provide a copy of the dispositional report to each party in the case to which the review relates.

(b) The court shall receive and review each dispositional report submitted under Subsection (3)(a)(i) in the same manner as the court receives and reviews a report described in Section 78A-6-605.

(c) If a report submitted under Subsection (3)(a)(i) is determined to be an ex parte communication with a judge, the report shall be considered a communication authorized by law.

(d) A report described in Subsection (3)(a)(i) may be received as evidence, and may be considered by the court along with other evidence. The court may require any person who participated in the dispositional report to appear as a witness if the person is reasonably available.

Amended by Chapter 161, 2009 General Session