(1) At any hearing held
pursuant to section 19-3-403 (2) or (3.5), the court shall enter temporary orders for
reasonable family time with the child's or youth's parent that is consistent with the
age and developmental needs of a child or youth if the court finds that visitation is
in a child's or youth's best interests. The court shall order contact between the
parent and child or youth, which contact may include, but is not limited to,
telephone, virtual, or in-person visits, commencing within seventy-two hours after
any hearing pursuant to section 19-3-403 (2) or (3.5), excluding Saturdays,
Sundays, and any court holiday. The court may authorize an extension of time for
contact to commence if the delay is agreed upon by the parent, county department,
and guardian ad litem or if the court finds that a delay in contact is in the child's or
youth's best interests.
(1.5) When a child or youth is placed out of the home, the following
considerations apply when making decisions regarding family time:
(a) The county department shall encourage the maximum parent, child, and
sibling contact possible, including regular family time and participation by the
parents in the care of the child or youth, when it is in the best interest of the child or
youth. The county department shall encourage parental attendance and
participation in the child's or youth's life, such as school, extracurricular activities,
and medical appointments, when it is in the best interest of the child or youth.
(b) The court and the county department may rely on informal resources
such as community members, relatives, or kin to provide transportation and
supervision for family time if those resources are available, appropriate, and do not
compromise the child's or youth's mental, emotional, or physical health or safety.
(c) (I) There is a presumption that supervised family time must:
(A) Be supervised by informal supports identified by the family who
volunteer to supervise family time, including relatives or other persons identified by
the family; and
(B) Occur in the community, a homelike environment, or other agreed-upon
location.
(II) The presumption described in subsection (1.5)(c)(I) of this section may be
rebutted if the court finds that the child's or youth's safety or mental, emotional, or
physical health requires professional supervision or that relatives or other family
supports are unavailable or unwilling to provide supervision after the county
department has exercised due diligence to contact and engage the relatives, kin, or
other family supports. Nothing in this section precludes supplemental
professionally coached or supervised family time to improve parenting skills.
(d) The court may only restrict or deny family time if it is necessary to
protect the child's or youth's safety or mental, emotional, or physical health. The
court shall order family time in the least restrictive setting and supervision at the
least restrictive level to satisfy the child's or youth's safety or mental, emotional, or
physical health.
(e) (I) At the first hearing that occurs after the emergency hearing required
pursuant to section 19-3-403, or no later than thirty days after the removal date,
the county department shall provide the court with a proposed family time plan on
the record, including:
(A) Frequency and length;
(B) Persons who may be present;
(C) Whether the family time must be supervised; and
(D) The child's or youth's opportunity to communicate with a parent, sibling,
or other relative.
(II) For good cause, or by agreement by the parties, the court may waive the
requirement to provide or extend the time for providing the family time plan
described in subsection (1.5)(e)(I) of this section. A lack of staff or financial
resources is not good cause. Any subsequent written family services plan
submitted to the court pursuant to section 19-3-507 or 19-3-702 must include an
update on participation in and provision of family time and barriers to expanding
family time.
(f) The court or the county department shall not limit family time as a
sanction for a parent's failure to comply with court orders or services if the child's
or youth's safety or mental, emotional, or physical health is not at risk as a result of
the family time.
(g) The court, the county department, the parent, or other support shall not
limit family time or contact between a child or youth and the child's or youth's
parent or sibling as a sanction for the child's or youth's behavior or as an incentive
to change the child's or youth's behavior.
(h) The county department and the court shall consider a parent's
preferences when determining supervision, location, and timing of family time.
(i) The county department and the court shall consider a child's or youth's
preferences when determining supervision, location, and timing of family time.
(2) Nothing in this section restricts the court from granting discretionary
authority to the department and guardian ad litem to increase opportunities for
additional parent-child contacts or sibling contacts without further court order.
(3) Absent the issuance of an emergency order, a parent granted family time
is entitled to a hearing prior to an ongoing reduction in, suspension of, or increase in
the level of supervision, including a change from in-person family time to virtual
family time. If the court issues an emergency order suspending, reducing, or
restricting family time, a parent is entitled to a hearing within seventy-two hours
after the order is issued, excluding Saturdays, Sundays, and court holidays. The
court need not hold a hearing if there is agreement by the petitioner, guardian ad
litem or counsel for youth, and parent to the reduction, suspension, or increase in
level of supervision of family time. Any such agreement must be reduced to writing
and filed with the court. Nothing in this section prevents the county department
from canceling scheduled family time if the child's or youth's safety or mental,
emotional, or physical health would be endangered or if the parent consents to the
cancellation of the family time.
(4) Nothing in this section requires or permits a county department to
arrange family time if the family time would violate an existing protection order in
any case pending in this state or any other state. The county department is not
required to produce a child or youth for court-ordered family time if the family time
is made impossible due to the policies of a facility where the parent is incarcerated
or in treatment.
(5) A person's inclusion in family time does not confer rights not otherwise
granted by law, including the right to appeal denial of participation in family time.
(6) The state board of human services shall promulgate rules in accordance
with this section.