Full text of Utah Utah Code § 80-4-402 — Hearing on petition to restore parental rights., with citation guidance and answers to common questions.
§ 80-4-402. Hearing on petition to restore parental rights.
Effective 9/1/2021
80-4-402.
Hearing on petition to restore parental rights.
| (1) |
The juvenile court may restore a parent's parental rights if:
| (a) |
the child meets the requirements of Subsection 80-4-401(1); |
| (b) |
considering the age and maturity of the child, the child consents to the restoration; |
| (c) |
the former parent consents to the restoration; and |
| (d) |
the juvenile court finds by clear and convincing evidence that restoration is in the best interest of the child. |
|
| (2) |
In determining whether reunification under this section is appropriate and in the best interest of the child, the juvenile court shall consider:
| (a) |
whether the former parent has been sufficiently rehabilitated from the behavior that resulted in the termination of parental rights; |
| (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. |
|
| (3) |
At the hearing on a petition to restore parental rights, if the former parent consents and if the juvenile court finds by clear and convincing evidence that it is in the best interest of the child, the juvenile court may:
| (a) |
allow contact between the former parent and the 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 after the child has been placed with the former parent for six months; or |
| (c) |
restore the parental rights of the parent. |
|
| (4) |
If the juvenile court orders the child to be placed in the physical custody of the former parent under Subsection (3), the juvenile 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. |
|
Renumbered and Amended by Chapter
261, 2021 General Session
Frequently Asked Questions About Utah § 80-4-402
What does Utah Code § 80-4-402 cover?
Section 80-4-402 ("Hearing on petition to restore parental rights.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 80-4-402?
A common citation format is "Utah Code § 80-4-402" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 80-4-402 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
