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ANGELA N. HAMILTON - #9243 “Assistant Attorey General SEAN D. REYES - #7969 ‘Attorney Gener ‘Attorneys for the State of Utah ‘415 West Price River Drive, Suite 152 Price, Utah 84501 ‘Telephone: (435) 636-2399 angelahamilton@uiah.gov IN THE SEVENTH DISTRICT JUVENILE COURT IN AND FOR CARBON COUNTY, STATE OF UTAH STATE OF UTAH, inthe interest of 1 ORDERFOR PERMANENCY 2 HEARING = 7 DOB: —}) Case No, 1115401 ar of age. 1 Judge: SoottN Johansen Date; __November 10,2015 _ Parties Present: PX) Mother Sem | CL) Father Sa PA) Children nee SeEReOPNTPEEELIS. [x] Attomey for Mother on itasidie Torgerson [0] Attomey for Father ‘Thomas Siterud 19) CES Representative Jos Dib “This matter came before the Cour fora Permanency Hearing pursuantto §78A-6-312.0r§7BA- 6-314, Uish Code Annotated, PERMANENCY ORDER Page 2 Notice was served: Yes __No Pasties acknowledge receipt and waive further service: X Yes _No arents/parties advised of nature of proceeding: “XYes = __No Parents waive counsel: gives! < TEE No! ‘The Court finds tat the child(ren) isare nt present because {L ] presence at hearings would be detrimental tothe child(ren); [itis impractical [Lhe child(ren) is/are not sufficiently mature to articulate the child(ren)'s wishes in relation tothe hearing Le eee Seo ne CSP EEE EVIDENCE PRESENTED “The Court heard testimony from the fellowing witeses: oe ere The Court received the following exhibits: __Artcle on Parenting and Child Development in Adoptive Families: Does Parental Sexual Orientation Matter? a __ “The Cour reecived the following proffers, without objection: _Ms, Hamilton, Ms. Dik, Ms. ‘Torgerson, Ms. Troester, Mr, Nielson, Ms."!_h Ms. ee Tei CRS ee Od ‘The Court received the required agency report: _X_ Yes __No ‘The report is: X_ Written —_Verbal “The Court received the required GAL report: _X\_ Yes —_No ‘The report i writen Verbal Based on the Court Report from the Division of Child and Family Service, exhibits and the testimony or oral representations and recommendations made by the parties, and for good cause appearing, the Court makes the following findings by a preponderance of PERMANENCY ORDER Page 3 EINDINGS OF F, LAW a 1. X___ Ineccordance with UCA 78A-6:312(20), reunification services should not be provided or continued because the evidence showed that one or more of the following .___ Thewheresbouts ofthe __mother_futher___ paren is/are unknown. The __mother __father __parent/s is/are suffering from a mental itines of such magnitude that it renders her/him/them incapable of wilizing reunification services, based upon competent evidence from mental health professionals thatthe parents is/are unlikely to be capable of adequately caring forthe children within 12 monks. ¢___ Te inorls hasfhave been previously adjudicated as an abused chlden, due to physical or sexual abuse or sexeal exploitation; that following the ‘adjudication, the children was/were removed from the parent! custody, subsequently returned, and then removed due to additional physical or sexual abuse or sexual exploitation. |___The__mother__father_ parents hasfhave been convicted of eusing the ath of nother child through abuse or neglect; committing aiding, abeting, attempting, conspiring, o soliciting to commit a murder ormansleughter of child or child abuse homicide; commiting sexual abuse against the childrens, Isle a registered sex offender or required to register asa sex offender; or has intentionally knowingly, or recklessly caused the death of another parent of the child or has been identified by alaw enforcement agency asthe primary suspect in an investigation ori being prosecuted for or hasbeen convicted of intentionally, knowingly, orrecklessly causing the death of another parent of the child. |___ The minorls hasfhave suffered severe abuse by the __mother__father__ parents or by another whom the parent's knew of reasonably should have ‘known was abusing the minors -___ The minor/s hasthave been adjudicated as an abused children as result of severe abuse by the__mother___father__parent/s and it would not benefit the children to pursue Feuifieation services with the offending paren ‘The __mother’s __father’s_parens’ parental rights have been terminated with regard to another minor child, PERMANENCY ORDER Page 4 ‘h,___ The children hashave been removed from the home on at least two 2) prior i ‘ceeasions and reunification services were offered tothe family at those times. ‘The___mother __ father parents have abandoned the children for a period of six months or longer. ‘The __mother__father__parents permitted the children to reside, on 8 permanent or temporary basis, at location where the pareat knew or should have known that a clandestine laboratory operation was located. ‘The children has/have fetal alcohol syndrome, fetal alcohol spectrum isorder, or was/were exposed to an illegal or prescription drug tht was bused by the chld/ren’s mother while the child/ren was/were in utero, and the children were placed into the Division's custody as result, andthe birth ‘mother has not, oF will not agree to enroll in and successfully complete & substance abuse treatment program approved by DCFS. U2 x te morte nth Von TINESIGIGN, he Cot ns a rein secre an vb roe orn etme swe en ‘neve eto commer c ‘The___mother___father__ parents filed to respond to previous services ‘of comply witha previous Child and Family Pn. b_X_ The child’en was/were abused while the ___mother ___father _X_parent/s was/were under the influence of drugs oraleobol ‘The __mother__ father __parents hasrhave a past history of violent ‘behavior directed atthe child or an immediate family member. d__ The ____mother__futher __parents continue olive with an individual f, who abused the children. ‘The child/en has/have been left with no provision for support ‘A competent professional has tetified/reported that the parents is/are unlikely to be successful. eX __The _ mother _X futher __parents islore incarcerated oF institutionalized, and considering the age of the children, the degree of parent-child bonding, the length of sentence, the nature of treatment, the ‘nature ofthe crime or illness, the degree of detriment to the children if services are not offered, and for minor's 10 or older, the mini’ attitude toward reunification, reunification services _X_would/ __would not bbe detrimental to the minoris. cae AG 3._X__ Other circumstances precluding reunification efforts tothe nator i ces with her and PERMANENCY ORDER Page 5 44 42 Themotier __ tes _X_hasnotsutstntly complied with enti oF autary treatment plans, PSS Child & Family Plan(s), Reunifiation Child & Family Plan(), or the Courts orders. The mother __has/_X__has not cooperated, utlized, and internalized the services provided and met the goals ofthe Child & Family Plan(s). 5, _X__ The father __has/ _X__ has not substantially complied with the interim or voluntary treatment plans, PSS Child & Family Plan(s), Reunification Child & Family Plan(s), oF ‘the Court's orders. The Division was relieved of any obligation to provide ongoing reunification services to the father in July 2015. 4 (6. _X__ Reasonable efforts have been made bythe Division of Child & Family Services to ‘inelize the Child & Family Plan andthe permanency goal of reuification, termination ‘of parental rights, adoption, guardianship, or individualized permanency (i ‘permaneney plan” es described in Federal law), and to provide reunification services to the children and the parents. A 7X An dona 90 dys _is /_X_ fs ot likely to result in achievement of the ‘bjectves of the treatment plan forthe parents and reunification is not probable within that 90-duy period. 8.____ A 90-day extension of reunification services to the__mother_fither_parentsis in the best interest ofthe children. Hl o.X_Meperinot tne muiin ce / _X_ bet Te mone nl re fA 19 2 Mectiatn san | X_ cae be safely retuned tothe care and estoy of the _X__ mother andlor_X father. 4 11,_X_ There X is /__ isnot a substantial risk of detriment othe children by returning hinvherthem to the custody of the_X__mother and/or _X__ father. 2 PERMANENCY ORDER aes (9.2. Tein prey ol fr bien hd _renin/_X_dasp vconfoion Xe spin, nid’ peo eae ty tpn th hl 4 2. Meconcurent pemanensy gon fe ten buts —renin/ canst reunification; __ adoption individualized permanency, or _X permanent custody and guardianship. AY 15 isin te bestinere oft ies) 0 remain inthe custody ofthe _X Division of Child and Family Services with a Child & Family Plan __Department of Human Services with a Child & Family Pan. shall be the lead agency. 16.___ It is in the best interests of the child(ren) tobe released from the custody ofthe Division of Child and Family Services, and to be retured/placed inthe custody of: |___the mother,__the father; __both parents,__ other 17,__ Iisin the best interes ofthe child(ren) to be_plsced/___remsin inthe __permanent “_wustody and__guardianship of 18,___ It isin the best interest ofthe children to be __continwed __ploced under the protective supervision ofthe Division of Child and Family Service slong asthe parent's ‘are operative with the Division; engage inal recommended services; and follow all Court Orders, Safety Plan, and Child and Family Plans At 12. teivson’s witen Cour Report nthe vera prs an recommendation fm he Divison he OA, andthe moter all suport he c's nging paceman PERMANENCY ORDER Page 7 0X ‘couples. The Court cited ez as shown that children are more ‘emotionally and mentally stable wit reised by amother and father inthe same heey Shepartinedespiteanmecabcequenerbpromseledeto ‘Based on the above Findings and Conclusions, the Court makes the following Order: 1S HEI DDI AT: ‘Further reunification efforts wil be provided to _mother_father. Al 2 Xone ruitnton efforts wl be not provided to X_ mother fuer. 5. __Teeten sn beemed a te casnyoftbe_ moter _ ite Af X_ The cians tdereetoth cosy of he_X_snber Xft Mi & Te primary permanency goal forthe eildren __reunification; _X adoption; |____ permanent custody and guardianshipwith Individualized permanency; __other, Al & 2. The concent pemaneaey ol frie ile x,_—_reunieton: soon; “_X__permanent custody and guardianship; vidualized permanency, other: 1 “The Division shall propose a permanency plan and submit the same othe Cots by Ala Te poin 2.) _ itn pet nt pr ss ari eiepeerer ce cae ea ee PERMANENCY ORDER Page 8 Parent-time by the mother and/or__father __shall //__shall not _ be ranted as follows Af 10.5 Trstiaien, isee_X_coned___plaedintesutyot tevin Ci en Fay ers wi Cor Child nd Fay Pe n “The child(ren) jsfare___continued _placed inthe custody of the Department of Human Services. DCF shal be the lead egency. 2, ‘The child(ren) isfare continued under the protective supervision of the Division of Child and Family Services witha Court-ordered Child & Family Plan. 83 ‘The children) ‘var released from the custody ofthe Division of (Child and Family Services and placed in the custody and___guardianship of |___themother;___the fther,_bothparents,_other 14 ‘The child(ren) jsvare __placed in _continued inthe permanent custody and/or ___ guardianship of SX Fhe-Court oxdorsthe Division to-plae the child widh-a duly-maried-heteovonaa deena souplesibinonetee The Diso'snotentostareondana A 16,__X__ Allprior orders of the Court not inconsistent with this Order are continued in full foree and effect. Ad 17._X_ Based upon the join request by the Division the GAL, end the mother, best interest hearing shall be held on December 4, 2015, a 9:00 a.m. segasdingbe Court's oder dosemeveshe shi om her ouront homosenseorie-edoptvaplacenetintoveral = ehetrosenualfotoredeptinesplasement All partes shall appear A 1s a mes ente eins ip ent on nes Mew isha Airaiereoteto ape 19. ‘This mater shall be reviewed om 2015, at All parties are ordered to appear. PERMANENCY ORDER Page 9 20,____Provetive Supervision is terminated. 21,_____TheDivision is released from this mater. 22, TheGuardian Ad Litem is released from this matter 23, ThePublie Defender forthe _mother_father i released from this matter. 24,___ Court jurisdiction is terminate. ‘A copy ofthe foregoing Permanency Order was mailedhand delivered tothe following patie on 2015: 1 Mother - Savanna [JemaiCARE [J Hand Delivered (4Sfailed Steven [Jemsiv/CARE [] Hand Delivered (] Mailed others Atomey Torgerson (mal/CARE[ ] Hand Delivered. [ ]Malled Father's atomey~ Hemuenne 1) Foster Parent's Attomey- Hunnicutt [ Jemail/CARE Z2 Guardian Ad Liter (HemaCARE [] sitet tore Gene [yemilCARE [] ‘ORS, Team 70 [jemsivCARE 515 Bast 100 South Salt Lake City, Utah 84102 Other: [JemaiCARE [ } Hand Delivered [ ] Mailed ee

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