Homelessness as a Basis of Removal

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Many states, including Utah, have a statute that prevents children from being removed based upon reasons of poverty alone.

Utah Code 78A-6-302(3) reads:

In the absence of one of the factors described in Subsection (1), a court may not remove a child from the parent's or guardian's custody on the basis of:

(a) educational neglect, truancy, or failure to comply with a court order to attend school;

(b) mental illness or poverty of the parent or guardian; or

(c) disability of the parent or guardian, as defined in Section 57-21-2.

Lack of adequate housing and homelessness, however, are often entangled with the reasons for removal.

There are resources available including the National Center for Housing and Child Welfare:  http://www.nchcw.org.

Follow THIS LINK to for a copy of a slide show presentation that was made at the Nation Parent Attorney Conference in 2015.