§ 80-4-303 — Specific considerations when child is not in physical custody of parent.

(1) If a child is not in the physical custody of the child's parent or parents, the juvenile court, in determining whether parental rights should be terminated, shall consider:

(1)(a) the physical, mental, or emotional condition and needs of the child and the child's desires regarding the termination, if the juvenile court determines the child is of sufficient capacity to express the child's desires;
(1)(b) the effort the child's parent or parents have made to adjust the parent's or parents' circumstances, conduct, or conditions to make it in the child's best interest to return the child to the child's home after a reasonable length of time, including:
(1)(b)(i) payment of a reasonable portion of substitute physical care and maintenance, if financially able;
(1)(b)(ii) maintenance of regular parent-time or other contact with the child that was designed and carried out in a plan to reunite the child with the parent or parents; and
(1)(b)(iii) maintenance of regular contact and communication with the custodian of the child; and
(1)(c) any other factor that the juvenile court considers relevant in the determination of whether to terminate parental rights.
(2) For purposes of this section, the juvenile court shall disregard incidental conduct, contributions, contacts, and communications.

Legislative History

Renumbered and Amended by Chapter 261, 2021 General Session